GLASS CHATONS IMPORTERS & USERS' ASSOCIATION versus UNION OF INDIA

Citation: [1962] 1 S.C.R. 862 · Decided: 10-04-1961 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

Ramdhandas 
v., 
State of Punjab 
Ayyangar J. 
862 
SUPREME COURT REPORTS 
[1962] 
be reasonable, if the same were necessary to secure 
the efficient enforcement of valid provisions. The 
inclusion of a reasonable margin to ensure effective 
enforcement will not stamp a law otherwise valid 
as within legislative competence with the character 
of unconstitutionality as being unreasonable." 
These observations, in our opinion, clearly apply and 
suffice to support the validity of the related provi-
sions here impugned. 
The petition fails and is dismissed with costs. 
Petition dismissed. 
r96r 
GLASS CHATONS IMPORTERS & USERS' 
April IO. 
ASSOCIATION 
v. 
UNION OF INDIA 
(P. B. GAJENDRAGADKAR, A. IC SARKAR, 
K. N. WANCHOO, K. C. DAs GUPTA and 
N. RAJAGOPALA AYYANGAR, JJ.) 
Import and Export-Decision to canalise import through 
specialised channel or agency-Constitutional validity-Import and 
Export Control Act, 1947-(XV II of 1947), s. 3 -Imports (Con-
trol) Order, 1955, Para. 6(h)-Constitution of India, Arts. 14, 
r9(1)(j) & (g) and 3r. 
The appellants were importers and users of glass chatons 
-
<-
the import of which was prohibited except under a licence 
granted by the licensing authorities under the Import and Ex-
port Control Act, 1947• and the Imports (Control) Order, 1955· 
The import was totally prohibited for some time but after-
wards it was permitted under the Export Promotion Scheme 
and licence was issued in favour of the State .Trading Corpora-
tion. The.appellants who made no application for licence con-
tended inter alia that the provisions of para. 6(h) of the Imports 
(Control) Order, 1955, that the Central Government or the Chief 
Controller of Imports and Exports may refuse to grant a licence 
or direct any licensing authority not to grant licence if the 
licensing authority decided to canalise imports and the distribu-
tion thereof through special or specialised agencies or chan-
nels are unreasonable restrictions on the right to car
1ry on trade 
• 
. , , 
I S.C.R. SUPREME COURT REPORTS 
863 
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• 
and to acquire property and as such contravene Arts. 14, 19(1) 
r96r 
(f) & (g) and 31 of the Constitntion. 
Held, that the decision that import of a particular com-
Glass Chatons 
modity shall be canalised by a selected channel or through 
h~porters .&. 
selected agencies is a reasonable restriction in the interest of the Users Assoctation 
general public. 
. 
v. 
. 
The provisions of para. 6(h) of the Imports (Control) Order, Union of India 
1955 ands. 3 of the Imports and Exports Control Act, 1947. are 
valid and do not contravene Arts. 14, 19(1)(f) and (g). Nor do 
they contravene Art. 31 of the Constitution as no question of 
acquisition of any right arises by the refusal of a licence. 
ORIGINAL JURISDICTION: 
Writ Petition No. 65 of 
1959. 
Petition under Art. 32 of the Constitution of India 
for enforcement of Fundamental Rights. 
B. D. Sharma, for the petitioners. 
H. N. Sanyal, Additional Solicitor-General of India, 
R. Ganapathy Iyer and T. M. Sen, for the respon-
dents . 
1961. 
April 10. The Judgment of the Court was 
delivered by 
• 
DAS GUPTA, J.-This application under Art. 32 of 
Das Gupta ]. 
the Constitution is for the protection of fundamental 
rights under Art. 19(1)(f) and (g), Art. 31 and Art. 14 
of the Constitution. The second and the third appli-
cants are merchants who used to import considerable 
quantities of glass chatons upto 1957. The first appli-
cant is an Association of merchants, some of whom 
were importers and some the actual users of glass 
chatons. Import of glass chatons-which form an 
important part of the raw materials for the manufac-
ture of glass bangles and other similar articles of wear 
-could, be made only on licences granted by license 
ing authorities. Since 1955 the matter has been regu-
lated by the Imports (Control) Order, 1955. This Order 
which was made by the Central Government in exer-
cise of powers conferred by sections 3 and 4-A of the 
Import and Export Control Act, 1947, prohibited the 
import of a large number. of goods including inter 
alia glass cbatons, except under and in accordance 
with a licence, granted on application by the licensing 
864 
SUPREME COURT REPORTS 
[1962] 
x96x 
authorities under the Act. 
Policy statements are 
GI 
Ch 1 
made from time to time by the Government of India, 
1::;0, 1": :s indicating the policy for the issue of Import licences. 
users' Association The policy as regards the import of glass chatons for 
v. 

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