Introduction

The right to livelihood is an essential part of the right to life under Article 21. It ensures that no person is deprived of their means to earn a living, which is necessary for survival.

Meaning / Definition

• Right to Livelihood / Right to Work: The legal protection that a person cannot be deprived of their means of earning a living without following a just and fair procedure.
• It is derived from the right to life under Article 21.

Modes or Types

Scope of Right

• The right to life includes the right to livelihood because a person cannot live without a means of earning.
• However, this right is not absolute and can be restricted by laws serving the general public interest.

Restrictions

• Livelihood may be curtailed under a just and fair procedure.
• Restrictions are permissible when necessary for public welfare, safety, or order.

Important Case Law

• Olega Tellis v Bombay Municipal Corpn. (AIR 1986 SC 180) – Pavement dwellers challenged the removal of their huts by municipal authorities. The Supreme Court held that:
  • Right to life includes the right to livelihood.
  • The right can be restricted following a just and fair procedure.
  • Public streets are not meant for trade or business, so restrictions were reasonable in the interest of the general public.

Practical Example

• Municipal authorities regulating street vendors to prevent obstruction on public roads while ensuring their right to livelihood through designated markets or zones.

Summary

• Right to livelihood is part of Article 21, protecting the means of earning a living.
• No person can be deprived of livelihood without just and fair procedure.
• The right can be restricted for public interest, safety, or welfare.
• Recognized in Olega Tellis v Bombay Municipal Corporation (1986).
• Balances individual rights with general public welfare.