Chintaman Rao v. State of Madhya Pradesh
AIR 1951 SC 118
Honourable Supreme Court of India has defined “reasonableness” as a test for the purpose of Article 19(1)(g). The text of the Constitution clarifies that the right to carry on trade or business is subject to reasonable restrictions which are imposed in the interests of the general public. Hon’ble Constitution Bench noted the importance of striking the right balance between social control and individual freedom as articulated the limitation under Article 19(6) in the following terms:
Para 6. The phrase “reasonable restriction” connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The word “reasonable” implies intelligent care and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in Article 19(1)(g) and the social control permitted by clause (6) of Article 19, it must be held to be wanting in that quality.
Drafted By Abhijit Mishra