The question (10 marks)
A 1948 provincial law allowed the Government to exclude private operators from motor transport. In 1953 a State Legislature enacted a law restricting the trade of manufacturers, which applies to citizens and companies alike. Both laws are said to violate Article 19(1)(g). Explain, with reference to Articles 13(1) and 13(2) and the doctrines of eclipse and severability, the effect of the Constitution on each law, and what happens if Article 19(6) is later amended to permit such restrictions.
MU-pattern problem on Article 13; built on the Unit 2 Article 13 chapter and the Keshavan Madhava Menon and Bhikaji readings, gated on the DU LB-401 extracts and the KLE compilation.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Fundamental Rights I: State, Judicial Review, Equality, Freedoms, Life and Liberty of Constitutional Law – I.
Authorities you will need
- Article 13(1)
- Keshavan Madhava Menon v State of Bombay (1951)
- Bhikaji Narain Dhakras v State of M.P. (1955)
- Deep Chand v State of U.P.
- State of Gujarat v Shri Ambica Mills (1974)
- A.K. Gopalan (1950) and R.M.D. Chamarbaugwalla (1957)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.