Right to Livelihood (Right to Work)

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.