Published on: 25 September 2023 at 00:14 IST
Court: Supreme Court of India
Citation: State of Bombay V. R.M.D. Chamarbaugwala (1957)
Honourable Supreme Court of India has held that Article 19(1)(g) of the Constitution of India guarantees to all citizens the right to carry on any occupation, trade or business subject to certain reasonable restrictions through legislation on the exercise of such right conferred by virtue of Article 19(1)(g) of the Constitution of India. It is held that Articles 19(1)(g) and Article 301 of the Constitution of India are two facets of the same thing i.e., the freedom of Occupation and Trade.
It is held that Article 19(1)(g) of the Constitution of India is from the point of view of the individual citizens whereas Article 301 of the Constitution of India is from the point of view of the entire nation as a whole.
26. It will be noted that Article 19(1)(g) in very general terms guarantees to all citizens the right to carry on any occupation, trade or business and clause (6) of Article 19 protects legislation which may, in the interest of the general public, impose reasonable restrictions on the exercise of the right conferred by Article 19(1)(g). Likewise Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free but makes such declaration subject to the other provisions of Part XIII of the Constitution. Articles 302-305, which are in that Part, lay down certain restrictions subject to which the declaration contained in Article 301 is to operate.
Article 302 empowers Parliament by law to impose restrictions on the freedom of trade, commerce or intercourse not only between one State and another but also within the State, provided in either case such restrictions are required in the public interest. Article 304(b) authorises the State Legislatures to impose reasonable restrictions on the freedom of trade, commerce or intercourse with or within the States as may be required in the public interest, provided the formalities of procedure are complied with.
Articles 19(1)(g) and 301, it is pointed out, are two facets of the same thing — the freedom of trade. Article 19(1)(g) looks at the matter from the point of view of the individual citizens and protects their individual right to carry on their trade or business. Article 301 looks at the matter from the point of view of the country’s trade and commerce as a whole, as distinct from the individual interests of the citizens and it relates to trade, commerce or intercourse both with and within the States………
Drafted By Abhijit Mishra