Article 19 of the Constitution of India enumerates the fundamental rights that guarantee freedom to the citizens. Among them, Article 19(1)(g) grants the right to practice any profession or to carry on any occupation, trade, or business. This article forms the backbone of economic freedom in India and reflects the framers’ intent to provide every citizen with the liberty to earn a livelihood through lawful means.
While this right is fundamental, it is not absolute. The Constitution empowers the state to impose reasonable restrictions in the interest of the general public under Article 19(6). This essay explores the scope, limitations, judicial interpretations, and key aspects of Article 19(1)(g), establishing its significance in the Indian legal framework.
Constitutional Framework of Article 19(1)(g)
1. Text of the Article
Article 19(1)(g) of the Constitution provides that:
“All citizens shall have the right to practise any profession, or to carry on any occupation, trade or business.”
This clause is one of the six freedoms guaranteed under Article 19(1) and is crucial to economic liberty and entrepreneurship.
2. Applicability
- The right under Article 19(1)(g) is available only to citizens of India, not to corporations or foreigners.
- It applies to individuals engaging in any lawful economic activity, from professional services to small trades and large businesses.
Scope of the Right under Article 19(1)(g)
1. Right to Profession
- Every citizen has the right to choose and practice a profession of their choice, provided it is legal and not prohibited by law.
- Professions include law, medicine, engineering, accountancy, etc.
- Certain professions may require qualifications and licenses, which are considered reasonable regulatory mechanisms.
2. Right to Occupation
- “Occupation” refers to any regular or habitual engagement that helps in earning a livelihood.
- Unlike professions, occupations may not necessarily require technical expertise or formal qualifications.
- Examples include drivers, shopkeepers, and artisans.
3. Right to Trade and Business
- Citizens can carry on any trade or business, such as commerce, manufacturing, retail, services, etc.
- The scope of trade includes both goods and services, and encompasses modern businesses like digital startups.
Reasonable Restrictions under Article 19(6)
While Article 19(1)(g) gives a wide ambit of freedom, Article 19(6) permits the state to impose reasonable restrictions on the exercise of such rights:
1. In the Interest of General Public
- The state can restrict any activity harmful to health, safety, or morality.
- Example: Prohibiting quacks from practicing medicine.
2. Professional or Technical Qualifications
- Citizens may be required to possess qualifications or experience to enter certain professions.
- Example: A person must clear the Bar Council exam to practice law.
3. State Monopoly
- The state may make any trade or business an exclusive domain of the government.
- Example: State monopoly in liquor trade or mining activities.
Key Judicial Pronouncements on Article 19(1)(g)
1. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005)
- Held that the ban on cow slaughter was a reasonable restriction in public interest and not violative of Article 19(1)(g).
- Upheld the principle that public morality and health can override individual business interests.
2. Indian Medical Association v. Union of India (2011)
- The court upheld the requirement of a valid medical qualification to practice, stating it as a justifiable regulation under Article 19(6).
3. Sodan Singh v. NDMC (1989)
- Recognized street vending as a legitimate occupation protected under Article 19(1)(g).
- However, it may be regulated in terms of location, timing, and hygiene, in public interest.
4. Modern Dental College and Research Centre v. State of Madhya Pradesh (2016)
- Affirmed that right to profession is not above reasonable regulation, especially in education and health sectors.
Professions Requiring Licensing and Regulation
Article 19(1)(g) does not guarantee unregulated entry into all professions. Several fields require:
a. Licenses & Permits
- Medical: MBBS degree and MCI recognition
- Legal: LLB + Bar Council enrollment
- CA/CS: Passing exams by ICAI/ICSI
b. State-Exclusive Activities
- Liquor business
- Arms manufacturing
- Nationalized banks
These are considered valid restrictions in the public interest.
Economic Rights and Development
1. Empowering Entrepreneurs
- Article 19(1)(g) encourages entrepreneurship, which is vital for economic growth and employment generation.
2. Promoting Self-Employment
- It helps small businesses and independent professionals to earn a livelihood with dignity.
3. Constitutional Morality
- The right should be balanced with social justice, welfare policies, and state obligations under the Directive Principles.
Limitations and Criticism
1. Vague Use of “Reasonable Restrictions”
- The term “reasonable” is subject to judicial interpretation, which can vary.
2. Potential for Arbitrary State Monopoly
- Excessive control in sectors like liquor or transport can curb private participation.
3. Licensing May Be Onerous
- Complex regulatory systems can discourage startups and individual professionals.
Current Trends and Developments
a. Ease of Doing Business
- The government has eased compliance burdens and licensing in many sectors to uphold Article 19(1)(g).
b. Digital Professions
- New-age professions like digital content creation, freelancing, and app development fall under Article 19(1)(g).
c. Judicial Activism
- Courts continue to expand the scope of this right, as seen in the recognition of street vendors, gig workers, and hawkers.
Conclusion
Article 19(1)(g) of the Indian Constitution is a cornerstone of economic freedom. It upholds the right of every citizen to choose a lawful profession, trade, or business, which is vital for personal dignity and national progress. At the same time, this right is subject to reasonable restrictions under Article 19(6), enabling the state to ensure public welfare, safety, and fairness in professional practices.
This constitutional guarantee strikes a delicate balance between individual liberty and societal interest, and through judicial interpretation, continues to evolve with the needs of a dynamic economy.
Code to Remember the Answer – Table Format
| Code | Section | Key Point |
|---|---|---|
| A19G-1 | Constitutional Basis | Article 19(1)(g): Right to profession, trade, occupation, business |
| A19G-2 | Scope | Applicable only to Indian citizens |
| A19G-3 | Limitations | Article 19(6) – Reasonable restrictions in public interest |
| A19G-4 | Licensing | Certain professions require legal qualifications |
| A19G-5 | Key Cases | Mirzapur, Sodan Singh, Modern Dental College |
| A19G-6 | Economic Significance | Boosts entrepreneurship and livelihood |
| A19G-7 | Modern Trends | Includes digital professions, startups, freelancers |