IQBAL CHAND KHURANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these four writ petitions the petitioners have challenged the constitutional validity of the Bihar Ban on Lottery Act, 1993, (hereinafter referred to as 'the said Act) which replaces the Bihar Ban on Lottery Ordinance, 1993 (hereinafter referred to as (the said Ordinance').

(2.) The said Act provides as follows :-

(3.) The said Act and the Ordinance were challenged mainly on two grounds. Firstly, it was challenged on the ground of, legislative competency. It was contended that the State Legislature has no legislative competency to enact the same as it is covered by List I, Entry 40. Secondly, it was argued that it violates the fundamental rights of the petitioner to carry on trade and business within the meaning of Article 19(i)(g) of the Constitution of India and that it is not saved by Article 19(6).