RAMAPPA BHIMAPPA KALGOD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these four writ petitions are manufacturers of cloth on power-looms belonging to them. The number of power-looms owned by each of the petitioners is less than five. Aggrieved by the notification issued by the Textile Commr on Novr 9, 1966, which had the effect of prohibiting the petitioners from manufacturing coloured sarees, the petitioners have filed these petitions for the issue of a writ quashing the said notification to the extent it prohibited them from manufacturing coloured sarees and directing the respondents not to enforce the said notification as against them.

(2.) Before the commencement of the Constitution, therer was a law in force in British India dealing with the production and distribution of essential commodities by the name the Essential Supplies (Temporary Powers) Act, 1946. Cotton and Woollen textiles were listed as one of the essential commodities under S.2(a) (i) of the said Act. S.3 of the said Act provided that the Central Govt so far as it appeared to be necessary for maintaining or increasing the supply of any essential commodity or for securing its equitable distribution and availability at fair price might by a notified order provide for regulating or prohibiting its production, supply and distribution and trade and commerce therein. In exercise of the power conferred on it by S.3 referred to above, the Central Govt promulgated the Cotton Textile (Control) Order, 1948 (hereinafter referred to as the Order), providing for the regulation of production and distribution of cotton textiles in British India. C1.20 of the order authorised the Textile Commr to issue directions in writing toi any manufacturer or class of manufacturers or the manufacturers generally regarding the production of cloth. It read as follows :

(3.) By virtue of Art.369 of the Constn, the Essential Supplies (Temporary Powers) Act, 1946, continued to be in force even after the commencement of the Constn. Art.369 further provided that notwithstanding the fact that the topics referred to in Cl(a) thereof were in List II of the Seventh Schedule to the Constn, it, was open to the Parliament to make any law in respect of those topics during the period of five years from the commencement of the Constn as if the said topics were within the concurrent list. Production, supply and distribution of cotton and woollen textiles was one of the; topics referred to in Art.369(a) . In exercise of the! power conferred by Art.369, an ordinance, the Essential Commodities Ordinance, was issued by the President of India on January 26, 1955, providing for the effective control of the production and distribution of the essential commodities dealt -with by the said Ordinance. The Ordinance was replaced by the Essential Commodities Act, 1955. The Order which had been issued under the Essential Supplies (Temporary Powers) Act, 1946, however continued to be in operation even after it ceased to be in operation.