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UPSC Dictionary

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Article 32 was called the 'heart and soul of the Constitution' by Dr. B.R. Ambedkar.

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UPSC Dictionary

Article 19(1)(g)

Article 19(1)(g) is a fundamental right provision in the Constitution of India, guaranteeing to all citizens the right "to practise any profession, or to carry on any occupation, trade or business". This right is one of the six fundamental freedoms enshrined in Article 19(1), which was part of the original Constitution adopted in 1950. The provision was created to ensure economic liberty and the freedom to choose one's livelihood, which is essential for a democratic polity.

The mechanism for its operation is intrinsically connected to Article 19(6), which allows the State to impose "reasonable restrictions" on this right in the interests of the general public. The test for a restriction's validity requires it to be both reasonable and in the interest of the general public. Article 19(6) specifically permits the State to make laws relating to two key areas: prescribing the professional or technical qualifications necessary for any profession or business, and the carrying on of any trade, business, industry, or service by the State itself or a State-controlled corporation, even to the complete exclusion of citizens.

A significant early judicial interpretation of the right occurred in Chindamanrao v. State of M.P. (AIR 1951), where the Supreme Court examined a ban on making Bidis during agricultural seasons. The provision has been connected to the right to access the internet, which the Supreme Court held in Anuradha Bhasin v. Union of India (2020) is included under Article 19(1)(g) and Article 19(1)(a). While the core right has remained, the original Article 19(1)(f), which guaranteed the right to acquire, hold, and dispose of property, was deleted by the 44th Amendment Act of 1978, reducing the total freedoms under Article 19 from seven to six.

References

  • indiankanoon.org
  • indiankanoon.org
  • constitutionofindia.net
  • vajiramandravi.com
  • mondaq.com
  • ipleaders.in
  • goforthelaw.com
  • ipleaders.in
  • indiankanoon.org
  • lukmaanias.com
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