Introduction

Article 19(1)(g) guarantees to all citizens the right to practise any profession or carry on any trade or business. Article 19(6) allows the State to impose reasonable restrictions on this right, including the creation of state monopolies or laws relating to professional qualifications.

Meaning / Definition

• Right to Trade and Profession (Art. 19(1)(g)): Citizens can pursue any occupation, business, or profession of their choice.
• Reasonable Restrictions (Art. 19(6)): The State may restrict trade and commerce in the interest of the general public or create monopolies through state-owned corporations.
• State Monopoly: The State can operate a trade or business to regulate, mitigate evils, or earn revenue.

Modes or Types

State Monopoly

• Partial or complete state control over any trade, industry, or service.
• Purpose may include administrative control, public welfare, or profit generation.

Reasonable Restrictions

• Can regulate professional qualifications or occupation requirements.
• Can impose limitations to prevent harm to the public or ensure public interest.

Important Case Law

Ram Jawaya v. State of Punjab

• Government nationalised school text books.
• Court held the right to trade was not infringed as publishers could still print and sell books freely.

Bombay Hawkers’ Union v. Bombay Municipal Corporation

• Hawkers claimed right to trade on public streets.
• Court held public streets are for general public use, not for private trade.
• Directives: Hawking zones must be provided where licenses are reasonably granted.

Excel Wear v. Union of India

• Provision denying employer permission to close business was unconstitutional.
• Right to close business is an integral part of the right to carry on trade.
• Law must allow review and not be whimsical or arbitrary.
• Led to enactment of S. 25-N, allowing deemed government consent if no response within two months.

Practical Example

A person running a small business in a city may be restricted from operating in certain public zones to avoid public inconvenience. Similarly, a state may monopolise liquor trade to regulate public consumption and revenue.

Summary

• Art. 19(1)(g) guarantees freedom to practise any profession or carry on business.
• Art. 19(6) permits reasonable restrictions in the interest of general public or through state monopoly.
• State may regulate professional qualifications or operate trade to ensure public welfare.
• Court decisions uphold restrictions only if they are reasonable and not arbitrary.
• The right to close a business is part of the right to carry on trade.
• State monopoly or regulations must balance public interest and citizens’ fundamental rights.