BENGALURU: The Karnataka High Court issued an interim order to the state government and Bruhat Bengaluru Mahanagara Palike not to take precipitative action against commercial, industrial and business undertakings on the display of 60% Kannada in the upper half of the name board, if the Karnataka Language Comprehensive Development (Amendment) Act 2024 has not come into force.
The state government should not insist on implementing the circular dated February 28, 2024 on sealing shops and establishments for any violations of the order, the court ordered.
Justice M Nagaprasanna passed the interim order after hearing a petition filed by the Retailers Association of India and others.
Advocate General (AG) Shashikiran Shetty submitted that the State’s intention is not to seal any business undertaking and the Act has not come into force.
The court directed the AG to place on record on which date the Act will come into force. Till that clarification is issued , the interim order will be in force, the court said.
On the BBMP circular issued for the implementation of the Act, the petitioners stated that the enactment of impugned Act is ultra vires the Constitution as the state government has not been conferred with the power to legislate the same concerning the linguistic policy of the state in respect of residents under Article 35 of the Constitution, which does not permit imposition of language on private parties and/or for purposes and functions which are not official functions of the state.
Freedom of trade
The petitioners contended that the impugned Act and circular impinges upon the fundamental rights to freedom to trade and business under Article 19(1)(g). The clause on charging penalties is arbitrary, unreasonable and absurd. Such a requirement having retrospective effect places undue hardship on the fundamental right to freedom of trade and business, they claimed.
The petitioners brought to the notice of the court that earlier Rule 24A of the Karnataka Shops and Establishment Rules, 1963, which mandated that name boards of every establishment shall be in Kannada predominantly, was struck down by the high court in June 2009.
The latest rule aims to negate the 2009 judgment and abrogates the rights conferred on the petitioners under the Trade Marks Act 1999. Hence, the impugned Act, violative of Article 14 of the Constitution, has to be set aside, they prayed.