Right to trade in e-stamps cannot be claimed as indefeasible right as to freedom of business, trade and profession

Allahabad High Court held that the right to trade in e-stamps cannot be claimed as indefeasible right as to freedom of business, trade and profession, promised under Article 19(1)(g) of the Constitution of India.

Petitioners / Association of stamp vendors seeking continuation of stamp papers in physical form. Petitioners contending that discontinuation of paper stamps would be violative of Art.19(1)(g). The right to trade in stamp paper has also not been found to be one that existed in the common law. The right to distribute and sell stamps is still governed by provisions of a license under Uttar Pradesh Stamping Rules, 1942. It, therefore, needs to be understood that the petitioners do not and cannot in law be recognised in law to possess an inalienable right to carry on the trade or business of stamps except following the grant as conferred under the Act and the Rules framed thereunder. Petitioners cannot claim indefeasible right to grant the franchise in their favour nor can they claim license of exclusivity to deal in stamps.

The more fundamental question which arises in the aforesaid backdrop is whether Articles 19, 21 or 38 of the Constitution confer a right as claimed by the petitioners to engage in a business, trade or occupation which would necessarily guarantee or sustain a profit or a reasonable rate of return. It is apposite to note here that what the Constitution essentially guarantees is the right to engage in a profession, occupation, trade or business. It neither proffers nor holds forth a guarantee of a profit in that trade or business.

As a result, Allahabad High Court dismissed a writ petition seeking continuation of stamps in physical form.

Appearing Counsel: Vishesh Rajvanshi, Rajkishore Singh, C.S.C., Kshitij Shailendra,Sumit Kakkar