Summarize the following court judgment. Appeal No. 226 of 1961. Appeal from the judgment and order dated October 22	 1959	 of the Bombay High Court (Nagpur Berch) at Nagpur in Special Civil. Application No. 63 of 1959. A. section Bobde	 G. L Sanghi and Ganpat Rai	 for the appellant. C. K. Daphtary	 Solicitor General of India	 Bihan Narain and P. D. Menon	 for the respondents. April 16. The Judgment of the Court was delivered by AYYANGAR	 J. This appeal comes before us by virtue of a certificate	 of fitness granted by the Nagpur Bench of the High Court of Bombay under articles 132(i) and 133(1)(c) of the Constitution. It arises out of a petition filled by the appellant under article 226 of the Constitution before the High Court of Bombay at Nagpur impugning the constitutional validity of certain notifications and directions issued under the Imports and Exports (Control) Act	 1947	 and the Export Control Order	 1958	 framed thereunder and substantially prayed that the Joint Chief Controller of Imports & Exports	 Bombay impleaded as the first respondent should be directed to consider the application of the app ellant for the grant of a licence to enable him to export certain manganese ore which he had won from his mines	 without reference to the impugned notifications. This petition was dismissed by the learned Judges of the High Court who	 however	 granted the appellant is certificate which has enabled him to file this appeal. 76 A few facts are necessary to be stated to appreciate the exact	 grievance of the petitioner and the grounds upon which the notifications etc. issued by government are stated to contravene the Constitution and in particular to infringe the freedom granted to the appellant under Part III of the Constitution. The appellant is a lessee of certain manganese mines in two areas of Madhya Pradesh. The leases are stated to have been granted to him in the years 1953 for a period of 20 years each	 with an option for renewal if the appellant so desired	 under the Mineral Concession Rules 1949	 for a like period. It is an admitted fact that the in eternal demand for manganese ore in India is very inconsiderable	 so that the ore is extracted mostly for the purpose of being exported out of India. Having regard to the date when the appellant obtained the mining leases	 he could not have won any appreciable quantity of the metal during 1953	 nor	 of course	 could he hare exported any quantity of the ore won by him in or prior to the year 1953. It is now necessary to set out the history of the restrictions on the export of manganese ore from 1953 up to the date relevant to the petition to understand the points sought to be made on behalf of the appellant. Prior to 1953	 i. e.	 at a time before the appellant entered the manganese ore business	 export of manganese ore was freely licensed	 i. e.	 the commodity was subject to restriction as regards export	 nor was any control exercised by government on the allotment of wagons for the movement of manganese ore. As the export of the ore began to expand from that date	 the Railways found themselves unable to meet the increased demand for wagons and were forced to regulate the appellant of such wagons. The government also took a hand in regulating the 77 movement of wagous by evolving a system of registration of shippers for whom priority in the allotment of wagons was ensured. It has to be added that this regulation and control over wagon allotment and wagon movement was coordinated with and correlated to certain changes which were effected for regulating the export of the commodity itself. Section 3 of the Imports and Exports (Control) Act	 1947 (to be referred hereafter a	; the Act) enacts : "3. Powers to prohibit or restrict imports and exports (1) The Central Government say	 by under published in the Official Gazette		 make provisions for prohibiting	 restricting or otherwise Controlling	 in all cases or in specified classes of cases	 and subject to such exceptions if any	 as may be made by or under the order (A) the Import	 export	 carriage coastwise or shipment as ships stores of goods of any specified description. (b) the bringing into any port or place in India of goods or any specified description intended to be taken out of India without being reserved from the ship or conveyance in which they are being carried. (2) All goods is which any order under sub. section (1) applies shall be	 deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the (VIII of 1878) and all the provisions of that Act shall have effect accordingly	 except that section 183 thereof shall have effect as if for the word "shall ' there in the word may ' were substituted. 78 (3) Notwithstanding anything contained in the aforesaid Act	 the Central Government may	 by order published in the Official Gazette	 prohibit	 restrict or impose conditions on the clearance	 whether for home consumption or for shipment abroad of any goods or class of goods imported into India. " Under the powers conferred by this section the Central Government issue the Exports Control Order	 1958 (or shortly the Control Order)	 cl. 3 of which provided that "no person shall export any goods of the description specified in Sch. I except under and in accordance with a licence granted by the Central Government or by any officer specified in Sch. " Manganese and iron ore were specified in the first schedule. Clause 6 of this order sets out the grounds upon which the Central Govern ment or the Chief Controller of Exports and Imports may refuse to grant a licence or direct a licensing authority not to grant a licence. In view of certain points urged before us it would be convenient to set out this clause in full "6. Refusal of licence. The Central Government or the Chief Controller of Imports and Exports may refuse to grant a license or direct any other licensing authority not to grant a licence (a) if the application for the licence does not confers to any provision of this Order; (b) if such application contains any false	 or fraudulent or misleading statement; (e) if the applicant uses in support of the application any document which is false or fabricated or which has been tempered with; (d) if the applicant on any occasion has tempered with an export licence or has 79 exported goods without a licence where it is necessary	 or has been a party to any corrupt or fraudulent practice in his commercial dealings; (e) if the application for an export licence is defective and does not conform to the prescribed rules; (f) if the applicant commits a	 breach of the Export Trade Control Regulations; (g) if the appellant is not eligible for a licence in accordance with the Export Trade Control Regulations; (h) if the licensing authority decides to canalise exports through special or specialized agencies or channels; (i) if the applicant is a partner in a partnership firm	 or a director of a private limited company	 which is for the time being subject to any action under clause 8; (j) if the applicant is a partnership firm or a private limited company	 any partner or director whereof	 as the case may be	 is for the time being subject to any action under clause 8. " The first restriction on the export of manganese and iron ore was imposed in June	 1956 when the Ministry of Commerce and Industry issued a public notice on June 26	 1956	 setting out their policy as regards export during the half year July to December	 1956. After reciting that the government were convinced that the then existing trading mechanism as regards the export of ores was inadequate to code with the developments which had taken place in the purchasing countries	 it went on to add that persons who entered into contracts 80 with foreign buyers bad been unable to fulfil their commitments which had caused inconvenience to foreign buyers and so undermined the latter 's con fidence in the capacity of this country to maintain an assured line of supply. In order	 therefore	 to overcome the obstacle in the way of augmenting foreign exchange earnings from the expert of these ores	 the Government declared that they would	 help in reorientating the trading in ores on more rational lines and that for this purpose they proposed to canalise the export of ores in a progressively increasing measure through the State Trading Corporation which would in its turn rely on the mining interests in the country and use the existing trade mechanism to the extent practicable. For these reasons	 they announced that a regulation would take place of the expert of these ores during the half year July December	 .1956 through three classes of exporters: (1) Established shippers who would be granted export quotas on the average of the quantities exported during the years 1953	 1954 and 1955. (2) Mineowners based on a annual average of the quantity of ore on which royalty was paid during the calender years 1953	 1954 and 1955	 and (3) The State Trading Corporation which would be given a quota on an ad hoc basis. It is only necessary to mention that the State Trading Corporation which is a Corporation owned and controlled by the Union Government came into existence by registration under the Indian Companies Act in May	 1956. Rail transport facilities co extensive with the quota granted	 were also assured for those to whom quotas were granted. There were clarifications and unsubstantial variations of this Press Note to which	 however	 it is riot 81 necessary to refer as they are not material to the points now in controversy. It will be noticed that the control thus exercised and the restrictions thus imposed	 mineowners who had not entered the field before 1953 were excluded from the grant of any export quota. By a public notice dated September 4	 1956	 the Ministry of Commerce	 however	 announced that the case of these "newcomers" was receiving their attention and that an announcement in that regard would be made in due course. The same policy and the same basis of allocation was continued for the ' next half year January to June 1957. For the period July	 1957 to June	 1958	 (the government having now started pursuing the policy of announcing their quotas for a year instead of for six months)	 a Press Note was issued on June 1	 1957	 by which exporters and mineowners were allotted a quota equivalent to 60 per cent of their exports made in 1958 or 1956 to be selected by them. The quota thus released was made available for being allotted to the State Trading Corporation on an ad hoc basis and the Press Note added: "The State Trading Corporation will be allotted in adequate quota to enable them to maximise the exports of manganese ore. The Corporation are being advised to seek the co operation of established trading and mining interest to make this effort a success". Here again	 certain unsubstantial modifications were made by further Press Notes but to these we shall not refer. As regards the next period July 1958 to June 1959	the policy decision of the government was indicated by a Public notice issued on May 26	 1958. In the course of this Press statement the Government of India stated that they had been keeping under constant review the working of the 82 policy announced by them under the Press Notes to which we have already referred	 and that they bad come to the conclusion that the long term interests of Indian Manganese ore would be better served if the export policy were to discourage fragmentation of quotas and encourage bulk con tracting	 movement	 and shipment of ores. At the same time	 the Government expressed their keenness to maintain continuity in the export arrangements to the extent practicable. Having regard to these factors	 they went on to state: "Government have decided that for the period July 1958 to June 1959	 the export of manganese ore will be regulated as follows. (i) The established shippers	 the mineowner	 exporters and ' the state Trading Corporation will be given an allotment of quota for a quantity equal to the quota for 1957 58. (ii) Firms and parties whose individual allotments are small are advised to form Co operative or limited companies. " At the date when the writ petition out of which this appeal arises was filed	 the polioy statement of May 26	 1958	 was in force and it was the validity of the restriction and control exercised by it that was challenged as unconstitutional in the petition filed by the appellant. The position at that date may be summarised as follows: (1) From and after July 1956 the export of manganese ore had been controlled or restricted. (2) The restriction had taken the form of allotment of quotas for export granted to: (a) established exporters	 i.e.	 comprising the category of these who had exported from 1953 onwards 	 (b) mine owners who had similarly exported the 83 ore won by them with a similar limitation as to the year when they should have exported	 and (c) The State Trading Corporation which was granted an export quota on an ad hoc basis to cover every other quantity which could be exported and for which a foreign market could be found. Traders and mine owners who had not any export performance to their credit in earlier years were excluded from the scheme and though the government were repeatedly stating in their public statements that the case of these persons termed "newcomers" would be considered	 this had never been done. The appellant fell within the last category and was not eligible to any export quota and therefore could not export. The result was that the ore won by him had either to be sold (a) in the internal market which	 as stated earlier	 was a very restricted one	 this because the steel producing concerns which were the principal or practically the only consumers of the ore in the country bad their own mines from which the ore required by them was won	 and (b) in the absence of an internal market the mined ore had to be sold either to established shippers or to the State Trading Corporation. In regard 	 to established shippers	 their quota of export was being progressively reduced	 so that their demand for ore naturally shrank and unremunerative price had therefore to be offered by the "newcomers" to induce them to buy. The only other possible buyer was the State Trading Corporation which was being granted quotas on an ad hoc basis sufficient to enable it to get all the good ore which it might buy for which there might be a foreign buyer. In regard to the State Trading Corporation	 there was an allegation made by the appellant	 by reference to a circular issued by the Corporation on April 20	 1957	 that the terms offered for the purchase of ore were unfair to the sellers because of the excessively large commission it demanded. It should	 however	 be 84 stated that the State Trading Corporation was not impleaded as a party in the writ petition in the High Court	 nor any relief sought on the basis of that allegation. The circumstance was relied on merely to emphasise the hardship caused to the appellant from the exclusion of those who had no expert performance in the years which were fixed as the basic years for the allotment of an export quota to mineowners. The State Trading Corporation being owned and controlled by	 the Central Government is an agency or instrument of government for effectuating its commercial policy. If in the performance of its duties as such public authority it acts in any improper or unfair manner it would be subject to the control of the Courts but as no relief based on such a complaint was claimed by the appellant	 it is not necessary to pursue the point or examine its merits. The case of the appellant has to be judged on the basis of two admitted features resulting from the policy statements of Government we have set out earlier : (1) That mineowners who were "newcomers"	 i. e.	 not having export performance in certain basic years	 were excluded from direct participation in the export trade	 but these persons had	 in view of the practical absence of an internal market for manganese ore to sell their goods to others. who had been granted facility for export. (2) That the category of persons to whom they could sell their ore were two (a) Established shippers	 and (b) The State Trading Corporation	 and with the nature of this market as already described. The question raised for consideration by the appeal is whether the withholding of the right to engage in export trade from this class of mineowners constitutes an unreasonable restriction on their right to carry on business guaranteed by article 19 (1) (g) of the Constitution. 85 Pausing here we might put aside one matter which is beyond the pale of controversy	 and that is that the constitutional validity of section 3 of the Imports & Exports Control Act	 1947	 which forms as it were the ultimate root from which the impugned notifications and executive actions spring is conceded. The points urged by learned Counsel for the appellant were two : (1) Clause 6 (b) of Exports Control Order 1958	 was beyond the rulemaking power under section 3 of the Imports & Export Control Act	 1947	 (2) Even if el. 6 (h) and the "canalising" of exports through "special" or "specialised" agencies or channels be valid	 the notifica tions by which the canalisation was effected are outside the contemplation of the 'agency or channel ' under el. 6 (h). Before proceeding further it is necessary to mention that the constitutional validity of el. d (h) of the Export Control Order 1953 was not disputed before us	 the controversy in relation to it having been concluded by the decision by this Court in Glass Chatons Importers and Users Association vs Union of India (1). The argument in support of the contention that el. 6 (h) was beyond the terms of section 3 of the Act was briefly this : Section 3 of the Act by its language	 its setting and context permits restrictions or controls only in regard to goods which are the subject matter of export and does not permit restrictions being imposed on persons engaged in the export trade. In other words	 the Central Government is enabled by a notified order under section 3 of the Act (a) to specify the goods in respect of which the control or restriction is to be exercised	 along with (b) a matter which this necessarily involves	 'viz.	 the quantities that may be exported	 (e) the quality of the goods that might pass out of the country and (d) as regards the destination to which they might be exported. But the restrictions could not extend any further. An (1) A.I.R. 1961 IS.C	 1514. 86 order under section 3 cannot make provisions restricting the persons who might participate in export trade	 restrict either their number or impose qualifications which they must satisfy before being permitted to export. Besides	 even if a notified order might validly prescribe the persons who might participate in the export trade	 still it did not authorise an order which would so canalise or channel the persons who might engage in the export trade as practically to create a monopoly in favour of any particular person or group which is what r. 6 (h) has effected. The argument was put in a slightly different form by reference to the provisions of article 19 (6). Article 19 (1) (g)	 after guaranteeing to all citizens the right to carry on any occupation	 trade or business	 had gone on to provide in cl. (6) the restrictions which may constitutionally be imposed on the right thus guaranteed	 and the clause as it now stands after the first Amendment of the Constitution reads. to quote the material words : "Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes	 or prevent the State from making any law imposing	 in the interests of the general public	 reasonable restrictions on the exercise of the right conferred by the said sub clause	 and	 in particular	 nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to	 or prevent the State from making any law relating to	 (i) (ii) the carrying on by the State	 or by corporation owned or controlled by the State	 of any trade	 business	. industry or service	 whether to the exclusion	 complete or partial	 of citizens or otherwise". 87 The effect of the policy statements and directions to the licensing authorities issued by virtue of the powers conferred by el. 6 (h) of the Export Control Order 1958 had resulted in the creation of a monopoly or a near monopoly in favour of the State Trading Corporation. It was urged that the creation of such a monopoly could on the language of article 19 (6) (ii) be effected only by the State making a law in relation to the matters there set out. Neither the Export & Import Control Act	 1947 nor even the notified order made there under The Export Control Order	 1958 could be said to be " 'a law relating to the carrying on by the State of any trade	 business	 industry or service" and therefore the validity of the preferential treatment granted to the State Trading Corporation could not be justified or upheld by reference to the amendment effected to el. (16) by the Constitution (First Amendment) Act	 1961. So much could be accepted. But this	 however	 leaves for consideration the question whether the provision now impugned could not be sustained as "a reasonable restriction" on the exercise of the rights conferred by sub cl. (g) of article 19 (1) in the interest of the general public i. e.	 on the opening words of para 1 of cl. But as pointed out already	 the constitutional 'validity of el. 6 (h) in so far as it permits the canalising or channelling of the export trade is no longer res integral this having been upheld in the Glass Chatons case (1). In the circumstances	 the very narrow question for consideration	 is whether the restrictions and control for which provision might be made by section 3 would not include a provision for canalising the trade in any particular commodity. We are clearly of the opinion that the restriction or control in the form of channelling or Canalising the trade is not outside the limitations which might be imposed on (1) ; 	 88 export trading by section 3 and that consequently el. 6(h) in its present form is within the rule making power conferred on the Central Government by section 3 of the Act. The argument that the restrictions which could be imposed or the control which might be exercised on exports by orders made under section 3 of the Act	 could not extend to restrictions on persons who might be permitted to engage in the export trade has only to be stated. If the quantum of the export in a commodity could be restricted	 the control that would effectuate this must necessarily extend to the persons engaged in or desirous of engaging in the export of that commodity and this would a fortiori be so	 if the restriction takes the form of a prohibition of exports in a commodity altogether. If therefore the control or restriction could legally extend to the persons who are engaged in the trade; it would appear to follow as a logical step that the restriction might take the form of classifying the persons who might participate in the trade and the conditions subject to which any particular class might be permitted to do so. It would be a matter of policy for the Government to determine	 having regard to the nature of the commodity and the circumstances	 attending the export trade in it	 to lay down the basis for the classification between groups and fix their relative priorities etc. When el. 6(h) permits "canalising" or the "channelling" of exports through selected agencies it does not no more than make provision for the classification into groups etc. which but one of the modes which the "control" under a. 3 of the Act might assume. The next point to be considered is whether the notifications issued by which (1) the export trading in manganese ore is confined to three groups of persons engaged in the trade	 viz.	 (a) established shippers	 (b) mine owners	 and (e) the State Trading Corporation	 the two former being allotted quotas 89 based upon the export effected by them during certain basic years	 (2) the progressive reduction in the quota of groups (a) & (b) with a view to enable the available export business to be handled by the State Trading Corporation	 and (3) as a necessary result of the above the elimination from the export trade of the class known in the trade as "new comers" was permitted under el. 6(h) of the export Control Order	 1958. It would be seen from the above that there are two grievances of the appellant which are inter related: (1) The first consists in the complaint regarding the quota allowed to the established shippers and mineowners who had an export performance during a basic year. Learned Counsel however	 did not put this forward as any serious grievance because persons falling within those already in the trade and the appellant who wants to come into the export trade could not legitimately object to those already in it being allowed facilities or licences for effecting exports. In his petition before the High Court the appellant raised a complaint that the basic years fixed in the policy statement were arbitrary but the fixation of any year must be so	 and if the Government fixed as a basic year	 a period three years before the announcement of the policy	 i.e.	 took into account performance within a period of three years before that date	 we do not see any unreasonableness or arbitrariness about it. (2) It was in regard to the inclusion of the State Trading Corporation among those entitled to export and the increasing quota given to it on an ad hoc basis without reference to any antecedent performance that the main attack was directed and it was this that learned Counsel stated amounted to a monopoly which was not countenanced by the law. It will therefore be sufficient for us to confine attention to the grounds upon which the successive notifications which afforded increasing facilities to the State Trading Corporation for export were challenged. 90 Pausing here it would be convenient if we set out the reasons why according to the respondent the State Trading Corporation was preferred as a principal agency for canalising the export trade in this commodity. The vital necessity of export earnings for sustaining national economy not being a matter of controversy	 the question which the government had to consider was how best to ensure the optimum earning from exports of manganese ore. India has no monopoly in the production of this ore and consequently the price of the commodity in the foreign market is dependent on world wide factors. Having regard to the use to which the ore is capable of being put	 viz.	 by steel factories in the production of steel	 the foreign buyers	 (and in this one factor to be taken into account is that in several foreign countries external trade is conducted through State agencies)	 are insistent that there shall be a regular supply of ore of uniform quality. There had been complaints in early years	 when the trade in the commodity was unrestricted and not under any control	 that the quality of the ore supplied was not according to sample	 with the result that even the trade of those who took pains to maintain their quality of supplies suffered. It was in these circumstances that government stepped in 1956 by imposing restrictions and by assuring the foreign buyers of a regular supply through the mechanism of the controls exercised in this country. These facts were not disputed. It is with this background that the challenge to the validity of the notification has to be considered and answered. The imposition of any restriction on those entitled to engage in any trade would necessarily mean that those who do not conform to the criteria laid down would be denied the right to participate in that trade; and this would be a fortiori so if the restriction takes the form of 91 canalising of the trade in a commodity	 for canalising necessarily implies the exclusion of some groups. If therefore section 3 of the Act permits a rule to be made for canalising export trade in a commodity and such canalising is not unconstitutional	 it would necessarily follow that a person cannot have a legally sustainable complaint that he is eliminated from among the groups entitled to participate in the trade. The question whether the canalising has been properly done in the sense that the groups selected are no better than the groups eliminated poses a very different problem	 and if that were made out a question of discrimination might conceivably arise. We should	 however	 hasten to point out that it is not the case of the appellant that the established shippers and the mineowners to whom quotas have been allotted	in addition to the State Trading Corporation have been improperly included in the group of persons entitled to participate in the export trade	 and that apart	 there is a rational and very proper classification between those who have experience in the trade and the newcomers who do not possess these experience. In other commodities concerned in export or import	 new comers i.e.	 those with no previous experience in the export line but who have experience in other branches of the trade	 have been allotted quotas	 though this should depend upon the circumstances of each trade. It has not been suggested that previous experience in the export trade would not be a valuable qualification for the grant to a person or group of a quota	 and even a preferential quota in the export trade in the commodity with which we are now concerned. It Would thus appear that if the notifications had confined the entire export trade to those with previous experience	 no legal objection could have been taken to the notifications on the arguments addressed to us by learned. Counsel for the appellant. In such a state of circumstances the appellant would have been excluded but 92 he could not still complain that he was illegally eliminated because this exclusion was necessary consequence of channelling or canalising of the exports through persons with previous experience in the field. The real grievance of the appellant was that in preference to him and those like him	 who win the ore to be exported	 the State Trading Corporation which had Do previous experience of the export trade should have been selected as the agency for canalising exports. There is no doubt that if the only test of differentiation was previous experience	 the preference of the State Trading Corporation to the appellant and the others of the class to which he belongs	 might not be justified	 but that is not the sole test by which the matter has to be judged. We have set out earlier the grounds upon which choice of the State Trading Corporation as the agency for effecting the export trade was determined by the government and we consider that for those reasons there was nothing improper in the choice	 but that on the other hand the object of the export trade	 viz.	 the earning of foreign exchange to the maximum with benefit of a long range character for exports from this country could be expected to be attained with the State Trading Corporation as the main agency engaged in the trade. We do not therefore consider that there is any substance in the argument of the learned Counsel for the appellant that the choice of the State Trading Corporation and the granting to it if quotas on an ad hoe basis was either beyond the powers conferred upon the licensing authorities under cl. 6(h) of the Export Control Order or was otherwise open to objection. There was one other matter that was urged in this cconnection to which it is necessary to refer. Clause 6(h) enables the licensing authorities to canalise exports 93 "through special or specialised agencies	 or channels". It was urged that the State Trading Corporation was neither a special nor specialised agency or channel and that on that ground the choice of the corporation was outside 6 (h). We are wholly unable to accept this argument. Whatever the term "specialised" might mean	 the word "special" can not bear the construction that it must be	 an expert agency in that line	 in the sense that it possesses a type of previous experience which cannot be claimed by others. Without going so far as to say that a special agency or channel might mean merely a designated agency	 it would be proper to construe the word as meaning	 an agency selected having in view the purpose for which the channeling or canalising has to take place. In other words	 an agency would be "special ' if having regard to the purpose for which the canalising takes place it is more likely to achieve that objective than other agencies or achieve it in a larger measure than others. In that sense we have no hesitation in holding that the State Trading	 Corporation might be a "special" agency or a channel for the purpose of enabling the country to maintain and foster the continuity of its trade in the commodity by ensuring exports in adequate quantity and of proper quality. In this state of circumstances the elimination of the class to which the appellant belongs	 viz.	 newcomers who had no previous experience of the export trade during the basic year or earlier was the result of enforcing a permitted method of control and a type of restriction which it was legally competent to be imposed under 6 (h). In the case of other commodities	 "newcomers" have been granted a quota. That however naturally depended upon the nature of the trade	 the nature of the export market and other factors which it is the province of government to take into account. Having stated this legal position	 we would hasten to 94 add that it was not the view of the Government that the export trade in manganese ore was such into that that newcomers could never be permitted trade is clear from the several	 policy statements themselves in which	 from time to	 time	 they conveyed an assurance that the allotment of quotas to the "newcomers" was under consideration. In the case of a commodity like manganese ore for which there is not much of an internal market the denial of a right to any group or we shall add	 to any individual to export would in effect affect him adversely forcing him to sell to others who have been given such a facility. Persons like the app ellant were being fed on hopes of some relief to them and it was a case not merely of hope deferrer making the heart sick	 but of dashed hopes that led the appellant to approach. the Court for relief. Though we consider that the appellant has no legal right to the relief that he sought	 his grievance is genuine and it would be for the Government to consider how beat the interest of this class should be protected and it is made worth their while to win the ore so as to expand	 foster and augment the export trade in this valuable commodity. Reverting to the legal points raised in the appeal	 it appears cleat to us that on the premises (1) that section 3 of the Import & Export Control Act	 1947 is a valid piece of legislation	 (2) that cl. 6 (h) of the Export Control Order is within the rulemaking power of the Central Government and is constitutional	 there is no escape from the conclusion that no legally enforceable right of the appellant has been violated for which he could seek redress; under article 226 of the Constitution. in this view it is unnecessary to consider whether the appellant having prayed primarily for the issue of a writ of mandamus to direct the licensing authorities to consider his application for 95 an export licence for the half year current at the date of the petition '	without reference to the terms of the impugned notifications and policy statement" and that half year having long ago gone by	 he could be granted any relief by the High Court on his petition or by this Court on his appeal. It is possible that in such circumstances a person situated like the appellant might be entitled to a declaration as regards the validity of the restrictions imposed which continue to be in force even beyond the half year or year to which the licence relates. It is however unnecessary to pronounce upon this question which does not really arise for consideration in view of the conclusion that we have reached that the restrictions and control to which the trade has been subjected are legal and justified by the Act and the Rules framed there under. The result is that the appeal fails and is dismissed. There will	 however	 be no order as to costs. SUBBA RAO	 J.This appeal by certificate is directed against the judgment of a division Bench of the High Court of Judicature for Bombay	 Nagpur Bench	 dismissing the application filed by the appellant under article 226 of the Constitution praying for the issue of an appropriate writ 'directing the first respondent to grant an export licence in his favour. The facts giving rise to this appeal may be briefly stated. The appellant is the lessee of manganese mines situated in the State of Madhya Pradesh. He carries on the business of mining and selling the ore raised therefrom. There is practically no internal market for manganese	 and most of the manganese produced in India is exported to foreign countries. The internal trade in regard to manganese ore being negligible	 it may be ignored 96 for the purpose of this case. Till about the middle of 1956	 miners	 including the appellant	 were free to deal with foreign buyers for exporting their products and to sell them at their sidings to exporters or to carry them to any port by obtaining necessary wagon allotments from the railways. But from May 1956	 the Government of India issued various notifications progressively restricting the export quotas available to the shippers and mine owners	 culminating in a stage when direct export by mineowners and shippers was stopped and the entirtrade canalized through the State Trading Corporation originally formed by the Government as a private company under the India and subsequently made into a public company	 We shall later on consider in detail the particulars. of the said process. On December 1	 1958	 the appellant filed an application before the Joint Chief Controller of Imports and Exports	 the first respondent herein	 for granting to him an export quota and licence for export of manganese ore under cl.(4) of the Exports (Control) Orders	 1958	 (hereinafter called the Order)	 and also for the movement of the ore from the railway sidings to Bombay port. The first respondent	 by his reply dated December 17	 1958	 refused to comply with the said request on the ground that export of manganese ore outside India was only allowed by established shippers and established mine owners according to the "existing" orders of the Government. Aggrieved by the said order	 the appellant filed the said writ petition before the High Court of Bombay	 but that was dismissed. Hence the present appeal. The Joint Chief Controller of Imports and Exports is made the first respondent and the Union of India	 the second respondent to the appeal. The argument of learned counsel for the appellant may be summarized thus: Under Art.19(1)(g) of the Constitution the appellant had a right to 97 carry on his business of producing and selling man. ganese ore and exporting it to foreign countries either directly or through exporters. The policy statements issued by the Government from time to time	 on the basis of which his application was rejected	 crippled the trade of the miners like. the appellants	 who were newcomers in the field of direct export. Clause (6) of the Order	 whereunder the said policy statements were issued and which empowered the Central 'Government of the Chief 'Controller of Imports and Exports to canalize exPorts through special or specialised agencies or channels	 is ultra vires inasmuch as section 3 of the Imports and Exports (Control) Act	 1947 (XVIII of 1947)	 hereinafter called the Act	 whereunder the said order was made	 does not empower the Central Government to take for itself or confer on others such a power. Even if cl. 6(h) of the Order was valid	 the said order empowers only equalizing exports through special or specialized agencies	 that is	 through experts in the line of export business	 and it cannot be relied upon to canalize the business through the State Trading Corporation	 which is in no way better than the businessmen in that line and which indeed has not get any experience in the business of export compared to other experienced exporters. In any view	 the ultimate effect of the policy statements is to create a monopoly in the export trade in manganese in favour of the State Trading Corporation and other qualified exporters	 and later on solely in favour of the said Corporation	 without at the same time safeguarding the interests of miners like the appellant by fixing appropriate quotas or otherwise: with the result	 they are compelled either not to do the business at all or put themselves at the mercy of others	 who 	are in a position to dictate terms and who may or not buy the ore from them. The implementation of the policy to the detriment of miners like the appellant is an unreasonable restriction on their 98 right to carry on their business in mining and selling manganese ore. Learned counsel for the respondents Contended that the petition filed by the appellant under article 226 of the Constitution should be dismissed on the ground that it has become infructuous	 as the year for which the licence was asked	 namely	 1959	 had run out. The learned counsel also sought to support the order made by the first respondent on ground that el. ( 6) of the Order was validly made and that the scheme of implementation of the policy adumberated by the Government was not only sanctioned by el. 6(h) of the Order	 but the restriction imposed on the fundamental right of the petitioner was also a reasonable one. The first question is whether el. 6(h) of the Order was ultra vires the Act. The relevant provisions may be noticed. The meterial part of a. 3 of the Act reads: "Powers to prohibit or restrict imports and exports. (1) The Central Government may	 by order published in the Official Gazette	 make provisions for prohibiting	 restricting or otherwise controlling	 in all cases of specified classes of oases	 and subject to such exceptions if any	 as may be made by or under the order: (a) the import	 export	 carriage coastwise or shipment as ships stores of goods of any specified description. x x x x Clause (6) of the Order reads: "Refusal of licence. The Central Government or the Chief Controller of Imports and 99 Exports may refuse to grant a licence or direct any other licensing authority not to grant a licences : x x x x x x (h) if the licensing authority decided to canalize exports and the distribution thereof through special or specialized agencies or channels. The Order was made in exercise of the powers conferred by ss.3 and 4 A of the Act. It is contended that section 3 does not empower the Central Government to issue an order conferring on itself or another a power to canalize exports through special or specialized agencies or channels. There is no force in this argument. Section 3 of the Act empowers the Central Government to make provisions for prohibibiting	 restricting or otherwise controlling in all cases or in specified classes of cases the export of goods. The power conferred is very wide and it is not possible to hold that canalizing exports through special or specialized agencies or channels is not comprehended by the said words. Canalizing exports through specialized agencies or channels is one way of controlling export. It is contended that the incidence of the section is only at the point of exportation and that the said section does not authorize the conferment of a power to regulate internal trade with a view to control exports. This is putting a very narrow construction on the wording of section 3 of the Act. It is true that the Cent ral Government cannot interfere with internal trade under the colour of regulating export	 but the power to prohibit	 restrict or control exports of goods carries with it	 by implication	 the power to do all things intimately connected with the regulation of export trade. If the power was confined only to the export point	 it would defeat the purpose of the Act. The main object of regulating export trade in to assist the national economy. This 100 object can be achieved only by devising ways and means to promote export and to secure favourable balance of trade. A machinery will have to be evolved to select the goods which the country can spare or may prefer to exchange for more essential foreign goods	 to find suitable foreign markets for them and	 to take necessary steps to establish a reputation for Indian goods by securing qualitative standards	 prompt deliveries and honest dealings	 and to prevent avoidable hardships by allotting quotas to businessmen or equitable principles	 to fix reasonable rates for their goods and to discharge similar other duties. This cannot be achieved if the control of the Central Government is confined only to the exportation point. The regulation of the export trade may have to commence even at an earlier stage ; in extreme cases even at the stage of production. It is question of fact in each case	whether the control exercised by the Central Government is only to regulate export trade or is a colourable exercise of controlling the internal trade under the guise of regulating export trade. I therefore	 hold that the power conferred under a. 3 of the Act cannot be conferred on the authorities concerned under ol. 6(h) of the Order to canalize exports through special or specialized agencies or channels is well within the scope of the power conferred on the Central Government. In this context another arguments of learned counsel for the appellant may conveniently be dispose of. It is said that the special or specialized agencies or channels mean export agencies or channels. The dictionary meaning of the word "special" is "for a particular purpose" and "specialise" is "set apart for a particular purpose. " The said words do not necessarily convey the idea that the agency created for a special purpose should be experts in the line with certain qualifications. While the Government may be expected to select 101 suitable agency well versed in export trade of particular commodities for achieving maximum results	 the wording of the clause does not impose any such qualifications. In this view	 it is not necessary to express my opinion on the question whether the State 'trading Corporation is in a better position or is a more qualified one than the experienced exporters in the line of export of manganese ore	 for the selection of the agency is within the exclusive province of the Government. Even so	 it is contended that the scheme	 as progressively unfurled by the Government in the shape of policy statements	 infringes the fundamental right of the appellant and persons similarly situated under article 10(1)(g) of the Constitution. To apppreciate this argument it is necessary to notice briefly the various policy statements issued by the Central Government to ascertain the impact of the said statements on the business of the appellant. The first statement is found in the Press Note dated June 26	 1956	 issued by the Ministry of Commerce and Industry	 New Delhi. Before the issue of the Press Note the miners who produced manganese ore could enter into contracts with foreign buyers and export their goods subject to the export control rules. By this Press Note the Government introduced a change in its policy. The following reason are given for changing ' the policy : (1) The existing trading mechanism is quite inadequate to cope with the developments that took place in certain countries in the matter of purchase of ores	 and their effect on Indian foreign trade. (2) The pre occupation of Control authorities with the equitable distribution of available wagon space amongst mining and trading interests has made it virtually impossible for the limited resources to be used to the maximum advantage or for economical arrangements to be made for the transportation of ores and for their 102 handling at the ports. (3) The trading interests entered into large contracts and some of them were not able to fulfil them. (4) The mining industry did not have an adequate scope for development on sound lines. For the foregoing reasons	 the Government propounded the following new policy : "Government have therefore come to the conclusion that it would be necessary for them to play a more positive role to overcome the obstacles in the way of augmenting foreign exchange earnings from the export of ores. It has Accordingly been decided that Government should help in reorientating the trading in ores on more rational lines and with this object in view they propose to canalise the export of ores in a progressively increasing measure through the State Trading Corporation and will	 in fulfilling its responsibility	 rely mainly on the mining interests in the country and use the existing trading mechanism to the extent practicable. At the same time	 limited opportunities are proposed to be provided to mining and trading interests for direct participation in the export trade within the limits of the board policy that may be laid down by the Government of India in this behalf. " Pursuant to the said policy	 the Press Note informed the trading public that it had been decided to regulate the export of iron and manganese ores during the half year July December 1956 through established shippers	 mine owners and the State Trading Corporatio n and that export quotas would be granted on the following basis (i) Established Shippers will be given export quotas on the annual average of the quantities actually exported during the three calendar years	 1963	 1954 and 1955. 103 (ii) Mine owners will be given export quotas on the annual average of the quantities ' of ores on which royalty was actually paid (excluding quantities supplied for domestic consumption) during the three calender years	 1953	 1954	 1955. Mine owners whose mining leases had expired on 31st December 1955 and have not been renewed thereafter	 will not be eligible. (iii) State Trading Corporation will be given quotas on an ad hoc basis. It was also stated that the quotas would be valid for rail transport facilities only on the section which bad been used by the shipper in the past and that the quota holders would not be permitted .to move on each section more than the quantity moved by them during any of the three years 1953	 1954 1955. Through the subsequent Press Notes is Issued from time to time	 the policy stated in the first statement was implemented by gradually eliminating the shippers other than the State Trading Corporation. The High Court has considered all the subsequent Press Notes in detail and has accurately and succinctly summarized the various steps taken by the Government to achieve its object. In the circumstances	 it would be unnecessary to consider them again in detail. The High Court narrated the said steps as follows (1) To begin with	 the Manganese trade was controlled by a system of licensing of Export Quotas. (2) Press Notes dated July 14	 1956	 July 30	 1956	 August 6	 1956	 September 4	 1956	 and June 1	 1957 show that the quotas granted to shippers and mineowners were with one exception progressively reduced for each successive period. 104 (3) Until the fifth statement dated Sep tember 4	 1956 was made	 the case of mine owners who had no previous shipment of their credit was not within the contemplation of Government policy. In that statement Go vernment announced that it was considering their case but at no later stage does it appea r that their case was specifically provided for until the State Trading Corporation took over. (4) During the period covered by the 7th statement	 the State Trading Corporation was introduced into the picture and freely competed with private interests. During this period small quota holders were advised to form co operatives or companies and were discouraged. (5) Form the date of the 8th statement	 viz.	 March 12	 1959	 it is clear that the full freedom of private trading as before was virtually stopped because all orders were to be canalized" through the State Trading Cor poration. The terms and conditions on which "canalization" could take place were onerous and difficult of fulfilment by individual small interests. The State Trading Corporation itself laid down certain terms. (6) There were no restrictions on the activities of the State Trading Corporation and its quota was unlimited. (7) The policy was put into effect with the aid of the licensing authorities appointed under the Imports and Exports (Control) Act and Order; that port authorities and by controlling the allocation of railway wagons. It is clear from the aforesaid summary of the various notifications that the policy deeded in 105 the first statement was gradually implemented first by confining the issue of quotas and licences only to recognized exporters and the State Trading Corporation	 and later on virtually conferring a monopoly on the Sate Trading Corporation. it	 would also be noticed that though the Government stated in the earlier Press Notes that it was considering the case of mine owners who had no previous shipment to their credit	 during the prescribed period no attempt was made to provide for them. The result was that mine owners	 who had no previous shipment to their credit	 like the petitioner	 could not move manganese ore outside their mines for 	export	 for they could not sell except to the established shippers and the State Trading Corporation till March 12	 1959	 and thereafter only to the said Corporation. In the anxiety of the Government to push up export trade in manganese ores persons who were not in the field of export trade during the prescribed period were totally ignored	 with the result that their industry and 	business were crippled. Learned counsel for the respondents contends that the appellant filed the application for licence on December 11	 1958	 for the grant of export not only to the State Trading Corporation but also to other established shippers	 mineowners and exporters	 and that	 therefore	 the appellant could not have much difficulty in selling the manganese produced by him either to the one or to the other. Apart from the validity of this argument	 which we will immediately consider	 it is not clear from the petition that the export licence asked for was for a period before the issue of the 8th statement dated March 12	 1959. The previous period would expire on June 1	 1959	 and the 8th statement issued on March 12	 1959	 provided for the period between July 1959 and 1960	 during which period the State Trading Corporation had 'obtained a virtual monopoly in export trade in manganese. It was more likely 106 that the licence and the quota asked for related to the year 1959 60. This should also be clear from the fact that the application was disposed of by the first respondent only by his order dated December 17	 1958. Be it as it may	 I shall consider the argument alternatively. The argument based upon the alleged existence of a free market wherein the petitioner could sell his manganese ore to recognized exporters is not only unrealistic but also unfair to the petitioner. What was the market wherein the petitioner could sell his manganese ore for reasonable prices? Admittedly he could not sell in the internal market	 for there was practically no such market. None of the reco gnized exporters	 either the established shippers or the State Trading Corporation	 was bound to purchase any quota from the petitioner or the miners in the position of the petitioner. The recognized exporters were in a position to dictate terms and even to ignore some of the mine owners. In short	 an artificial market was created for the mine owners like the appellant wherein they could sell the manganese ore only to established shippers	 if they wanted the ore and for a price dictated by them. The so called market was further circumscribed and limited to one purchaser	 namely	 the State Trading Corporation	 after March 1959. The appellant complains that he could not sell his manganese more because of the said restrictions on sale and export. In his petition	 the appellant alleged thus "The State Trading Corporation	 under the colour of impugned Notices	 has been dictating its own price and has been thus in effect demanding every exorpitant commission for the purpose of giving facilities of exporting the petitioner 's ore out of the unlimited quota allowed to it. The respondent No. 1 is thus bent on putting the 107 petitioner in heavy losses by forcing him to sell his ore to the Corporation at lesser price. The petitioner has now at hand 200 tons of manganese ore living at his mines or sidings and valued at about Rs.20	0001/ which is just being wasted as will be clear from the circular dated 20 4 1957 issued by the Cor poration to the various mine owners. If the petitioner is not allowed to export his ore he would be stock piling about 50 tons of ore	 per month valued at Us. 10	000/without any outlet or rolling of the capital which he has already invested as also the running cost including the wage bill of about Rs.4000/ per month. If on the other hand the petitioner has to close his mines for want of sale of the ore he will have to pay a compensation running into several thousands of rupees to the workmen under the Industrial laws. Besides	 he may be threatened under the Mineral Concession Rules	 1949 for cancellation of his lease for having a stopped working of his areas. The petitioner therefore submits that an impossible situation has been created by the respondent No. 1 by issue of various Notices referred to above. " These facts are not denied. Can this result	 which practically destroyed the trade of the petitioner	 be described as a reasonable restriction on his fundamental right ? 'Under the colour of canalising exports through specialized agencies or channels	 the Government conferred virtually a monopoly on a public corporation	 crippling in the process the business of mine owners like the petitioner. Such an unjust position cannot be brushed aside on a simple allegation that they can export through the Corporation. There may be some justification for this	 if the Corporation	 after March 1959	 and	 before that	 the established exporters were bound 108 to some quota from the mine owners like the appellant. The livelihood of a person cannot be made to depend upon the passing moods of an officer of a State corporation	 however well intentioned he may be in the discharge of his duties. The scheme of channelling of exports through an agency or agencies could certainly be dovetailed with that of equitable apportionment of quotas amongst persons producing or doing business in manganese ore without any detriment to the object of promoting export trade Any scheme of can alization of exports through specialized agencies must be governed by definite rules whereunder provision is made giving stability and guarantee of fair treatment in ordinary times as well as in times of emergency. For instance appropriate rules could be framed fixing quotas for each mine owner the expected total quantity of export	 having regard to the quality and the quantity of manganese produced. It may also be necessary to appoint an expert body under the said rules not only to advise the State in fixing the quota but also for fixing reasonable prices	 having regard to the relevant circumstances. Perhaps	 many other methods may be evolved to achieve the said result. It is for the Government and the experts to do so. But what I emphasize is that	 matters shall not be kept		 in a vague uncertainty in the minds of	 persons affected by the said scheme	 but the Government should evolve definite principles by making rules	 of course providing for emergencies and change of circumstances. I should not be understood to have tied down the hands of the Central Government by the said observations	 for it is left to it to make appropriate rules in the light of the said observations. At this stage	 another contention of learned counsel for the appellant may be noticed. He argues that	 unless a law is made by the State for carrying on the business by a corporation	 owned 109 or controlled by the State	 to the exclusion	 complete or partial of citizens	 a virtual monopoly brought about by administrative action under the colour of a power to canalize the trade in a particular commodity through specified channels must necessarily be an unreasonable res triotion on the right of a citizen to carry on his business in that commodity. In support of this contention reliance is placed upon article 19(6) of the Constitution	 as amended by the Constitution (First ' Amendment) Act	 1951	 the material part of which reads: "Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes	 or prevent the State from making any law imposing	 in the interests of the general public	 reasonable restrictions on the exercise of the right conferred by the said sub clause	 and	 in particular	 nothing in the said sub clause	 shall affect the operation of any existing law in so far as it relates to	 or prevent the State from making any law relating to	 (i). . . . . . . . (ii) the carrying on by the State	 or by a corporation	 owned or controlled by the State	 of any trade	 business ' industry or service. whether to the exclusion	 complete or partial	 of citizens or otherwise. " The amended article does not propric vigore confer any power on the State to create monopolies by administrative action. But	 it is only says that if a valid law is made conferring a power on the State to carry on trade or business to the exclusion	 complete or partial	 of citizens	 such a law will not infringe the fundamental right guaranteed under 110 article 19 (1)(g) of the Constitution. It does not also say	 as learned counsel for the appellant argues	 that unless such a law is made	 every interference by the State with the trade of a citizen in exercise of a power under some other law would necessarily be an unreasonable restriction: such an interference will not have the protection of the amended provision of the Constitution	 but must be judged by the standard provided by the first part of article 19(6); it would be valid	 if it was a reasonable restriction on the exercise of the petitioner 's fundamental right made in the interest of the general public. The decision of this Court in Saghir Ahmad vs The State U. P. (1) does not really help the appellant. there	 this Court was considering the question whether the U. P. Road Transport Act (11 of 1951) violated the fundamental rights of private citizens guaranteed under article 19 (1)(g) of the Constitution	 and was protected by cl. (6) of article 19. The question fell to be considered on the basis of the article		 as it stood before it was amended by the Constitution (First Amendment) Act	 1951. This Court held that it did offend the fundamental right. In that context	 this Court made the following observations: It is quite true that if the present statute was passed after the coming into force of the new clause in article 19(6) of the Constitution	 the question of reasonableness would not have arisen at all and the appellant 's case on this point	 at any rate	 would have been unarguable. These are however considerations which cannot affect our decision in the present case	 the amendment of the Constitution	 which come later	 cannot be invoked to validate an earlier legislation which must be regarded as unconstitutional when it was passed." (1) ; 	 727. 111 I do not see how these observations help the appellant. They only state the obvious	 namely	 that if there was a law within the meaning of the amended article	 no question of infringing the fundamental right would arise. There is no force in this argument. This question anyhow does not affect my decision	 as I have come to the conclusion that the Press Notes issued by the Government clearly infringed the fundamental right of the petitioner. But	 in view of the fact that the period for which licence was asked had run out	 the application in respect thereof has become infructuous and	 therefore has to be dismissed. In the result	 the appeal is dismissed	 but	 in the circumstances of this case	 without costs.

There was little internal demand for manganese ore and ' it was extracted mainly for exporting out of India. Though previously there was no restriction on the grant of export licences from 1956	 the Central Government started controlling and restricting the export of manganese ore ' On May 26	 1958	 the Central Government issued a notification which contained the policy statement for the period July 1938 to June 1959 under which export quotas were to be granted only to established shippers and mineowners who had exported from 1953 onwards and to the State Trading Corporation. Mine owners	 like the ' appellant who did not have an) export performance in the earlier )	cars were excluded from the scheme. They could sell their ore only to the established shippers are to the Corporation which they could do only. at unremunerative prices. By subsequent policy statements the export was canalised entirely through the Corporation. Section 3 of the Imports and exports (Control) Act	 1947 empowered the Central Government to make orders restricting or controlling the imports and exports of goods. The Central Government made the Exports Control Order	 1958	 cl. 6(h) of which empowered the Central Government and the licensing authority to refuse to grant a licence "if the licensing authority decides to canalise exports through special or specialized agencies or channels". The Notification of May 26	 1950	 was issued under cl. 6(h). The appellants contended: (I) that the withholding of the right to engage in the export trade from a class of mineowners constituted an unreasonable restriction on their fundamental right guaranteed under Art	 19(1)(g)	 (II) that cl. 6 (h) of the order was ultra vires the Central Government as section 3 of the Act 74 permitted it to place restrictions only on goods and not on the persons who might participate in the export	 and (iii) that the notification by which canalisation of exports was affected was outside the contemplation of" agency and channel under 1. 6 (h). Held (per Sinha	 C.J.	 Ayyangar	 Mudholkar and Aiyar	 that the restrictions and control imposed on the export of manganese ore by the Central Government were legal and did not offend article 19(1) (g). The restriction or control in the form of channelling or canalising the trade was not outside the limitations which night be imposed on export trading by section 3 of the Act and consequently cl. 6 (h) of the Order permitting canalisation of exports was within the rule making power of the Central Government. The power to impose restrictions was not confined to goods but extended to persons also. The canalising of the exports through the established shippers and mineowners was unobjectionable; canalising through the State adding Corporation and the progressive increase through he corporation was a reasonable restriction in the interests of he general public. The object of these restrictions and control was to enable a regular supply of uniform quality of he ore to the foreign buyers so as to ensure the optimum earning of foreign exchange by the country	 and this could rest be attained with the Corporation as the main agency engaged in the trade. The State Trading ' Corporation was a "special" agency or channel as contemplated by cl. (h) and the canalising could be done through it. A special agency is one which is more likely to achieve the object than other gencies or to achieve it in a larger 'measure than others. Canalising necessarily implied the exclusio n of some groups	 and if the canalising was valid the appellant could not complain that he had been excluded from the export trade. Per Subba Rao	 J. The Notifications and policy statements which destroyed the trade of mine owners like the appellant did not impose reasonable restrictions on their fundamental rights and violated article 19 (1) (g). The creation of a monopoly or near monopoly for the export of manganese ore in favour of the State Trading Corporation could only be achieved by a law made in conformity with article 19 (6) (ii) and not by administrative action like issuing of notifications and policy statement. The power conferred on the authorities under cl. 6 (h) of the Order to canalise exports through special or specialized agencies or channels was well within the power conferred on the Central Govern ment by section 3 of the Act. Further	 the State Trading Corpo ration was a "special" agency within the meaning of cl. 6(h). 75 But the canalising had to be done in such manner that all persons engaged in the trade could participate in the export of the ore and no one was completely excluded.