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        1993 (2) TMI 339 - SC - Indian Laws

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        Handloom reservation upheld as a reasonable constitutional measure protecting a weaker cottage industry and rural employment. Reservation of specified textile articles exclusively for handlooms was upheld as a constitutionally valid measure to protect a vulnerable cottage ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Handloom reservation upheld as a reasonable constitutional measure protecting a weaker cottage industry and rural employment.

                          Reservation of specified textile articles exclusively for handlooms was upheld as a constitutionally valid measure to protect a vulnerable cottage industry and its rural employment base. The classification between handlooms and powerlooms was treated as real and substantial, and the restriction was held reasonable under Articles 14 and 19(1)(g) because public interest and the Directive Principles supported protection of weaker economic sections. The handloom statute was also found to operate in a distinct field from the Cotton Textile control framework, so no repugnancy or statutory override arose. The consultation and review mechanism under the Act and Rules was held adequate, as the relevant sectors had been considered through committees, field visits, and representations.




                          Issues: (i) Whether the reservation of specified textile articles exclusively for handlooms under the impugned Act and order violated Article 19(1)(g) and Article 14 of the Constitution. (ii) Whether the impugned Act and order were repugnant to, or overridden by, the Cotton Textile (Control) Order and the Industrial Development and Regulation Act regime. (iii) Whether the consultation, periodic review, and Advisory Committee process under the Act and Rules rendered the impugned order invalid.

                          Issue (i): Whether the reservation of specified textile articles exclusively for handlooms under the impugned Act and order violated Article 19(1)(g) and Article 14 of the Constitution.

                          Analysis: The reservation was upheld as a measure to protect and develop the handloom sector, which was found to be a vulnerable cottage industry providing substantial rural employment. The restriction was held to be supported by the Directive Principles, particularly the promotion of cottage industries, and to rest on a clear classification between handlooms and powerlooms based on a real and substantial distinction. The Court held that the restriction was reasonable even if it operated in practice as a strong restraint on competing sectors, because restriction may include prohibition where the public interest and the need to protect weaker economic sections justify it.

                          Conclusion: The challenge under Articles 14 and 19(1)(g) failed; the reservation was held valid and reasonable.

                          Issue (ii): Whether the impugned Act and order were repugnant to, or overridden by, the Cotton Textile (Control) Order and the Industrial Development and Regulation Act regime.

                          Analysis: The Court treated the handloom reservation law as operating in a distinct field from the cotton textile control framework. The impugned enactment was held to be a separate legislative measure specifically aimed at handlooms, whereas the other regime dealt with different subject-matter and policy considerations. The non-obstante clause in the older control law did not displace the later handloom statute, and no repugnancy was found because the two instruments were not directed to the same field in the relevant sense.

                          Conclusion: The plea of repugnancy and statutory conflict was rejected.

                          Issue (iii): Whether the consultation, periodic review, and Advisory Committee process under the Act and Rules rendered the impugned order invalid.

                          Analysis: The Court found that the statutory scheme contemplated review and that the Advisory Committee process had, in substance, considered the relevant sectors through committees, sub-committees, field visits, and representations. The material showed that the interests of the competing textile sectors were taken into account, and the absence of a formal grievance-driven hearing was not treated as fatal. The Court was satisfied that the process adopted was adequate and that the order was not vitiated on this ground.

                          Conclusion: The challenge based on inadequate consultation or review was rejected.

                          Final Conclusion: The impugned reservation policy was sustained as a valid and reasonable legislative and administrative measure intended to protect the handloom sector and its rural employment base.

                          Ratio Decidendi: A reservation measure protecting a weaker cottage industry is constitutionally valid where the classification is intelligible, the nexus with the object is direct, and the restriction is justified by public interest and the Directive Principles, even if it significantly limits competing trade activity.


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