D R A F T

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

CONSTITUTIONAL LAW

“FREEDOM TO CARRY ON TRADE,PROFESSION,OCCUPATION UNDER

ARTICLE 19(1)(g) OF THE CONSTITUTION”
R O U G H

SUBMITTED TO:-
DR. ANIRUDH PRASAD
PROFESSOR OF CONSTITUTIONAL LAW

SUBMITTED BY:-
ISHAN BRAMHBHATT
FIFTH SEMESTER
ROLL NO. :-1733
B.A., LL.B. (HONS)
SESSION - (2017-2022)
INTRODUCTION

The Article 19 (1) (g) guarantees to all citizens the right to practice any profession or to carry on
any occupation, trade or business. This freedom is not uncontrolled, for clause (6) of Article 19
authorises legislation which imposes reasonable restrictions on this right in the interest of general
public. However, reasonable restrictions can be imposed on the use of this right. Under Article
19 (6), the State is not prevented from making:

(a) A law imposing in the interests of general public reasonable restrictions on the exercise of the
above right,

(b) A law relating to professional or technical qualifications necessary for practicing any
profession or carrying on any occupation, trade or business,

(c) A law relating to 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.

It is thus clear that under Article 19 (6) the State is empowered to impose reasonable restrictions
on the right guaranteed by Article 19 (1) (g). The condition, however, is that the restriction:

(a) Must be reasonable, and

(b) In the interest of general public.

In N.R. & F. Mills v. N.T.G. Brothers, AIR 1971 S.C. 264, the Government issued an order
under the Rice Milling Industries (Regulations) Act, 1958, sanctioning the change in the location
of the rice mills from its original site to the new site. The respondent challenged the order on the
ground that appellant’s mill was moved to a place in the vicinity of their rice mills and in
consequence of the removal of the appellant’s mill, their business was likely to be adversely
affected and amounted to unreasonable restriction on his right to carry on business.
The court held the order to be valid. The right to practice any profession, trade and business
includes that it is subject to reasonable restrictions imposed in the interest of general public and
not that it adversely affects other’s business. The right to carry on business includes the right to
close it any time the owner likes. But as no right is absolute, so the right to close is also not
absolute. The restrictions can be placed on it in the interest of public. In Excel Wear v. Union of
India, AIR 1979 S.C. 25, it was held that refusal or approval for closure of a business when the
owner cannot pay even minimum wages to his employees, was not in the interest of public and
hence it was invalid.

In Sukumar Mukherjee v. State of West Bengal, (1993) 3 S.C.C. 724, the appellants had
challenged the validity of West Bengal State Health Services Act, 1990, on the ground that it
imposes, unreasonable restriction on their right to carry on any occupation or trade or business
under Article 19(l)(g) of the Constitution.

AIMS AND OBJECTIVES

1. To study and analyse freedom to carry on trade,profession and business.

2. To study the restrictions on the freedom guaranteed under Article 19(1)(g).

HYPOTHESIS

The researcher is of the opinion that freedom of carrying any trade, profession and business will
have beneficial impact in India.
 RESEARCH METHODOLOGY

This study is oriented to study and analyse the right to practice any profession or to carry on any
occupation,trade or business in India. Secondary data involves the collection of data through past
research studies, journals, magazines, books, leading databases, articles and internet.

LIMITATION OF THE STUDY

The researcher intends to cover only few areas of right to carry on any occupation,trade or business
which are relevant to the proposed study.

As study was done within a limited time, the researcher could not select sufficiently large sample
for the study.

TENTATIVE CHAPTERISATION

CHAPTER – I: INTRODUCTION AND RESEARCH METHODOLOGY

CHAPTER – II: RIGHT TO PRACTISE ANY PROFESSION,OR TO CARRY ON ANY

OCCUPATION ,TRADE OR BUSINESS.

CHAPTER – III: RESTRICTIONS ON THE FREEDOM GRANTED UNDER ARTICLE

19(1)(g) OF CONSTITUTION.

CHAPTER – IV: CONCLUSION AND SUGGESTIONS

 BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

Secondary sources:

Secondary sources include books, articles, magazines, journals, websites etc.

o BOOKS:
1. Author: M.P. JAIN, Indian constitutional law, Published by Lexis Nexis, Edition – 8th ,
(2017)

o WEBSITES:
1. http://www.legalservicesindia.com/article/2272/Freedom-of-Business,-Trade-and-
Profession.html
2. http://www.shareyouressays.com/knowledge/freedom-of-profession-trade-and-business-
guaranteed-under-article-19-1-g-of-the-constitution-of-india/115322
3. https://www.lawnotes.in/Article_19_of_Constitution_of_India