FREEDOM OF PROFESSION

Introduction
It is extremely imperative for an individual to work or choose a profession that suits his or her interest
the best keeping aside societal complexities and dogma. The constitution of India takes this into
cognizance and puts workings and enshrining a guaranteed fundamental right to a high pedestal under
article 19(1)(g).

This article clearly says every individual has equal rights and opportunities granted to work and prosper.
No discrimination on the basis of class, creed, religion gender extra shall be tolerated. This is guaranteed
in full will and support by the constitution so that each individual has the opportunity to earn a living out
of the work. Also it should be noted that survival finds its best in the ability to work freely and without
unnecessary restrictions being imposed.

Under Article 19(6), the State may

(a) Impose reasonable restrictions upon the freedom of trade, business, occupation or
profession in the interest of the general public.

Instances of reasonable restrictions

(1) There is no right to carry on business at a particular place. The State has the power to impose
reasonable restrictions for the betterment of the general public. Thus, a competent authority
has the right to fix a proper place be it for a bus stop, a cinema house, or a liquor shop.

(2) In Luxmi Khandsari vs State of Uttar Pradesh, a Notification issued under Sugar Cane
(Control) Order stopping crushers from producing khandsari so that production of white sugar
could be increased and thereby making the sugar available to consumers at a reasonable price
was held to be imposing restriction in the interest of the public on the right of persons using
crushers and therefore valid.

(3) In Bombay Hawkers Union v Bombay Municipal Corporation which had come for
consideration before the Supreme Court, the provisions of the Bombay Municipal Corporation
Act , 1888, were challenged on the ground that the authorities were conferred arbitrary power
to grant or refuse licenses for hawkers on public streets and for removing unauthorized hawkers
without giving them an opportunity to be heard. Rejecting this contention, the Supreme Court
observed that the public streets are by their very definition, meant for the use of the general
public. No person, has the fundamental right to carry on any business which causes nuisance,
annoyance or inconvenience to the public. It was, therefore, held that the provisions of the
B.M.C Act were in the nature of reasonable restrictions in the interest of the general public and
not violative of Art 19(1) (g) of the Constitution.

(4) In State of Kerala v. Joseph Antony, the State of Kerala had imposed a ban on the use of
mechanised fishing nets and mid- water trawlers in territorial waters. This was done to protect
the livelihood of other poorer fishermen , and to protect the pelagic fish wealth of the territorial
 waters. The Supreme Court held that the restriction was a reasonable restriction, and not
violative of Art 19(6).

Instance of unreasonable restriction

a) In Chintamanrao vs State of M.P, an Act of Madhya Pradesh Government empowered the
Deputy Commissioner to prohibit the manufacture of bidis during the agricultural season in such
villages as he might specify in his order. The Supreme Court held that such a provision is void, as
it violates Art.19(1)(g) , since a total prohibition of the manufacture imposes an unreasonable
and excessive restriction on the lawful profession of manufacturing bidis.

b) Prescribe the professional or technical qualifications necessary for carrying on any

occupation, trade or business. The State is authorized by law to prescribe any professional or
technical qualifications which it feels is essential for practicing a particular profession or carrying
on any occupation. For Example, it can prescribe that one who wishes to practice in medicine
has to have pursued and cleared the course for the same as well as passed the MBBS
examination, Similarly one who desires to be an advocate has to clear the L.L.B examination
from any established university.

c) Carry on any trade, business, industry or service, by itself or through a corporation controlled

the State – to the exclusion of private citizens, wholly or in part.

WHY SHOULD THERE BE FREEDOM OF BUSINESS TRADE AND PROFESSION

Being engaged in any form of work especially the one of your choice contributes not only personally
to our prosperity but also to the growth and economy of the country on the whole. Being engaged
in some form of work deters one from doing anything unproductive and unutilized .This also makes
other part of population competitive to work harder and excel in the field they have chosen by free
will .The right to carry on business also includes the right to close it, shift to other place and so on
.These all are at a free will unless a person does some unethical and more importantly “illegal”
business that hurts the economy and sovereignty of the nation and is not in the interest of the
people of India.