SUPREME COURT OF INDIA

BENCH: HON’BLE CHIEF JUSTICE P. BHUVANESHWAR SINHA

HON’BLE JUSTICE JAFFER SYED
HON’BLE JUSTICE K.N. WANCHOO
HON’BLE JUSTICE K.C. DAS. GUPTA

CITATION No. : 1960 AIR 430: 1960 SCR (2) 375

CASE TITLE: Narendra Kumar And Ors

Vs.
Union of India And Ors

CASE DETAIL: The petition was filed under Article 32 of the Constitution for the
enforcement of Fundamental rights conferred by Articles 14, Article 19(1)(f) and
19(1)(g). The three petitioners were dealers in imported copper and had entered
into contracts before April 3, 1958.
The Government of India issued a Non-Ferrous Metal Order, which the petitioners
contended violated Article 19(1)(f) and Article 19(1)(g) of the Constitution. The
Supreme Court held that the petition partly failed and succeeded in part.

FACT OF CASE: The petitioners entered into contracts of purchase of copper

with importers in Bombay and Calcutta before April 13, 1958, but the
Government of India issued the Non-ferrous Metal Control Order, 1958 on April 2,
1958. On April 14, 1958, the petitioners applied for permits to take delivery of the
copper, but the applications were refused.
The petitioners filed a petition under Article 32 of the Constitution of India
challenging the validity of the order refusing the grant of the permit as it infringed
on Article 14, 19(1)(f) and 19(1)(g).

ISSUES:
 Whether the Non-Ferrous Metal Order issued by the Government in
violation of Articles 14 and 19 of the Indian Constitution. Section 3 of the
Essential Commodities Act.
 Whether the government's Non-Ferrous Metal Control Order is invalid.
HELD BY COURT: The Court held that the principles in the "Non-Ferrous Metal
Order" do not violate Articles 14 and 19. It observed that without the principles,
clause 4 of the Order is not effective. The Court directed to issue an order
restraining the respondents from enforcing clause 4 of the Order, so long as the
principles specified were not mentioned in the Gazette and laid before the
Houses of Parliament. The petition was partly allowed in this case.