Munmun Kaur-
Published On: December 07, 2021 at 13: 30 IST
On Monday, Supreme Court upheld the RBI’s measures implementing the ban imposed by the Union Government on the export of PPE kits, considering the Covid situation in the Country.
The Director of a firm that traded in pharmaceuticals appealed that his Fundamental right to Freedom to trade and business that are guaranteed under Article 19(1)(g) of the Constitution was being Violated since he was prohibited from acting as an intermediary between China and US.
A bench of Justice Chandrachud, Justice Vikram Nath, and Justice BV Nagarathna dismissing the appeal, observed “This Court must be circumspect that the rights and freedoms guaranteed under the Constitution do not become a weapon in the arsenal of private businesses to disable regulation enacted in the public interest”.
The Court also stated that the Democratic interests securing the welfare of the masses cannot be judicially abrogated to preserve ‘Unfettered freedom’ to do business with the few.
With regards to the legitimacy of the restrictions, the Court observed, “In this case, the ban on exports, imports, and MTTs of PPE products is to ensure the availability of adequate domestic supplies during a global health pandemic. Adequate stocks of PPE products are critical for the healthcare system to combat the COVID-19 pandemic. The State’s aim of ensuring supplies is in furtherance of the right to life under Article 21 and the Directive Principles of State Policy mandating the State’s improvement of public health as a primary duty under Article 47″.
In the 55-page Judgment authored by Justice Chandrachud, the Court concluded “The measure was validly enacted, in pursuance of legitimate state interest and did not disproportionately impact the fundamental rights of the appellant. Hence, Clause 2(iii) passes muster under Articles 14, 19(1)(g), and 21. For the reasons noted in this judgment, we see no need to interfere”