- (1.) These two petns. for enforcement of the fundamental right guaranteed under Art.19 (1) (g), Const. Ind. have been made by a proprietor and an employee respectively of a bidi manufacturing concern of District Sagar (State of Madhya Pradesh). It is contended that the law in force in the State authorising it to prohibit the manufacture of bidis in certain villages including the ones wherein the aspects reside is inconsistent with the provisions of Part III of the Constitution and is consequently void.
(2.) The Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act, LXIV [64] of 1948 was passed on 19-10-1948 and was the law in force in the State at the commencement of the Constitution. Sections 3 and 4 of the Act are in these terms : "3. The Deputy Commissioner may by notification fix a period to be an agricultural season with respect to such villages as may be specified therein. 4. (1) The Deputy Commissioner may, by general order which shall extend to such villages as he may specify, prohibit the manufacture of bidis during the agricultural season. (2). No person residing in a village specified in such order shall during the agricultural season engage himself in the manufacture of bidis, and no manufacture shall during the said season employ any person for the manufacture of bidis."
(3.) On 13-6-1950 an order was issued by the Dy. Comr., Sagar under the provisions of the Act forbidding all persons residing in certain villages from engaging in the manufacture of bidis. On 19-6-1950 these two petns. were presented to this Ct. under Art. 32 of the Constitution challenging the validity of the order as it prejudicially affected the petnrs' right of freedom of occupation and business. During the pendency of the petns. the season mentioned in the order of the 13th June ran out. A fresh order for the ensuing agricultural season-8th October to 18th November 1950-was issued on 29-9-1950 in the same terms. This order was also challenged in a supplementary petition.;