Important for UPSC Prelims – Polity
Article 19(1)(g) (What is it?)
- Article 19(1)(g) guarantees all citizens the fundamental right to practise any profession, or to carry on any occupation, trade, or business.
- It promotes economic freedom, enables individuals to earn a livelihood of their choice, and forms the constitutional basis for entrepreneurship and employment.
- However, this right is not absolute and is subject to reasonable restrictions under Article 19(6) in the interest of the general public.
Scope of Article 19(1)(g) (What does it cover?)
1. Freedom to Choose a Profession: Citizens are free to pursue any lawful profession, occupation, trade, or business according to their skills and interests.
2. Right to Livelihood: The provision protects the right to earn a livelihood, making it an important pillar of economic justice and individual dignity.
3. Promotion of Economic Activity: It encourages entrepreneurship, innovation, private enterprise, and competition, contributing to economic growth and employment generation.
Reasonable Restrictions under Article 19(6) (When can the State regulate?)
The State may impose reasonable restrictions:
1. In the Interest of the General Public: To protect public health, safety, morality, environment, consumer welfare, and public order.
2. Professional or Technical Qualifications: The State may prescribe educational or professional qualifications for practising certain professions (e.g., doctors, lawyers, architects).
3. State Monopoly: The government may reserve certain trades, businesses, or industries exclusively for the State or State-owned corporations.
Important Supreme Court Judgments
1. Sodan Singh v. New Delhi Municipal Committee (1989): Held that street vending is a legitimate occupation protected under Article 19(1)(g), subject to reasonable regulation in the public interest.
2. Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai (2004): Ruled that hawkers cannot be arbitrarily evicted, and regulation must balance livelihood rights with public convenience.
3. Excel Wear v. Union of India (1979): Held that the right to carry on business also includes the right to close a business, subject to reasonable restrictions.
4. T.M.A. Pai Foundation v. State of Karnataka (2002): Recognised that establishing and administering educational institutions is an occupation protected under Article 19(1)(g).
Related Legislations
- Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014: Regulates street vending while protecting vendors from arbitrary eviction.
- Code on Social Security, 2020 : Extends social security benefits to organised and unorganised workers, including gig and platform workers.
- Occupational Safety, Health and Working Conditions Code, 2020: Provides a framework for safe and healthy working conditions across various occupations.
Conclusion
Article 19(1)(g) safeguards the freedom to pursue a lawful livelihood, making it a cornerstone of India’s economic democracy. While the State may regulate this freedom in the public interest, such regulation must remain reasonable, non-arbitrary, and consistent with constitutional principles of fairness and equality.
| This Concept has been Elaborately Discussed in the following Article: How Should Cities Reclaim Footpaths? Balancing Pedestrian Rights and Street Vendors’ Livelihood |