FREEDOM OF OCCUPATION, TRADE OR BUSINESS

INTRODUCTION:

India is a democratic country where people play a very important role. Certain freedoms are guaranteed by the Constitution of India to the citizens. Among these fundamental rights certain fundamental rights are available to citizens of India as well as foreigners but some other fundamental rights are only available to the citizens of India and foreigners cannot exercise those freedoms. And these fundamental rights are not absolute in nature, they are limited for the better enjoyment of these rights. These rights are restricted so that the freedom of one person will not become an obstacle for another person’s freedom. Article 12 to 35 of Constitution of India provides fundamental rights to the citizens. Article 19 (1) (g) deals with the freedom to practice any profession, or to carry on any trade or business. This paper will discuss about article 19 (1) (g) along with its limitations.

FREEDOM TO PRACTICE ANY PROFESSION OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS:

As previously mentioned article 19 (1) (g) deals with the freedom to practice any occupation. Humans have to work to earn money. And the Constitution through this article provides the citizens with right to choose their profession or occupation. Through this article that Constitution guarantees that every citizen who is living within the boundaries of India are not deprived of this right. Appropriate actions will be taken by the State in case if any individual is deprived of this freedom. Article 19 (1) states as follows “ Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business”.

In the case of Vishaka vs State of Rajasthan, the Court had held that sexual harassment at work place violates the fundamental right provided under article 19 (1) (g). The freedom provided under this article can be restricted under article 19 (6). The restrictions imposed to curtail this freedom should be reasonable not arbitrary or unreasonable. According to article 19 (6) the following are the grounds for reasonable restrictions :

1. In the interest of general public
2. Sub clause (i) of article 19 (6) : the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
3. Sub clause (ii) of article 19 (6) : 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

In Laxmi Khandsari vs State of Uttar Pradesh, a notification issued under Sugar-cane (Control) Order stopped crushers from producing Khandsari so that the production of white sugar can be increased and be available to the citizens at a reasonable price. This restriction imposed on production is held be valid on the grounds that it was imposed in the interest of general public.

CONCLUSION:

Freedom to practice any business, trade or occupation is a very important freedom guaranteed by the Constitution. Because every human has to work to live. The Constitution guarantees the citizens to do any work they are interested but limits this right with some restrictions so that the occupation of one person doesn’t become a barrier to the other person. Every individual should utilize this right to his fullest capabilities to avail the benefits of this freedom. But every individual should make use of this freedom in a rational manner, should follow some etiquettes so that the State can’t intervene in the business opted by the individual. And every citizen has to make sure that they are not selecting any profession or trade which is forbidden by law. The State will intervene if a particular profession or trade or occupation destroys public safety or integrity. So every citizen should utilize this right in a fair manner so that the State or any law cannot restrict the citizen from doing his work. State will take reasonable action if any individual in exercise of this right for his own benefit creates any problem in the society or infringes other person from exercising any of the rights.

REFERENCES:

1. Udai Raj Rai, Fundamental Rights and their Enforcement, 2011
2. Arijit Tarafdar, Article 19, Constitution of India- The rights and their Restrictions, Northeast law journal, June 2, 2021.
3. Arun K Thiruvengadam, The Constitution Of India, A contextual Analysis, 2017.
4. Nirali, Freedom of Business, Trade, and Profession, Legal services India.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.