Judicial Scrutiny of Arbitrary Refusal of Orchestra Licences and the Limits of Executive Instructions

Highlights of the Judgment:
- Examination of the limits of discretionary power vested in licensing authorities under the Public Amusement Rules, 1960.
- Analysis of the constitutional protection of the right to carry on trade or business under Article 19(1)(g) of the Constitution of India.
- Interpretation of statutory provisions governing the refusal of premises and performance licences based on vague law and order apprehensions.
- Reiteration of the principle that executive circulars and instructions cannot supplant existing statutory rules.
- Discussion on the impermissibility of progressively supplementing new justifications to validate an arbitrary administrative order.