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Article 19 (1) (g) of the Constitution empowers every citizen of this country to have the vested Right to Trade or Business. This right is subject to certain reasonable restrictions. E.g. to commence any trade or business obtaining a license from government authorities is a must. This restriction should be reasonable. This was affirmed by the Supreme court in several cases. It also observed in one case that that deprivation of personal property must be just, fair and reasonable. The principles of natural justice must also be followed.

Article 19 specifies the basic fundamental rights of citizens. This right cannot be enjoyed by other than citizens of India. The fundamental right cannot be deprived of any legislation. In other words, the legislation can only impose a reasonable restriction on the exceeds the rights of citizens. Similarly, the rights given/conferred to the citizens should be exercised in a constructive manner rather than destructive attempts. That is to say that the right conferred to citizens should not cause any fear or destroy the public property, or cause any danger to the general public.

Further Article 19 (6) imparts about the restrictions that legislation can impose on rights of the citizens/ trade or business. This restriction does not mean that the State cannot frame any law or legislation. The Law must be .frame by under Article 19 (6) (1) of the constitution.

Thus, it can be preciously concluded that if the carrying on owned by the State, trade, business, industry or service whether to the exclusion, complete or partial or otherwise, if it is not in the interest of the public, the application of  19 1 (g) including 19 (6) (ii) has no relevance and not applicable.

Disclaimer

 The views in this article expressed are purely is the personal view of the author, and the readers are advised to refer to the latest amendments to the constitution. Further, any reference made or otherwise, and its results or outcome, whats so ever it may be, on this article and its legal impact do not bind on the author.


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Category Constitutional Law, Other Articles by - K.S.Ramaswamy Advocate 



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