Freedom Of Trade And Occupation Under Article 19(1)(G): Impact Of The Recent Economic Reforms And Regulations

Kashvi Sharma, Symbiosis Law School , Noida

INTRODUCTION

The right to freedom is one of the most important Fundamental Right given by Indian Constitution. If there is a freedom, only then democracy can grow. People have some freedom to do anything provided that there must be social control. State should impose reasonable restrictions on freedom so our government can function properly. The state thus acts as a source of limitations on freedom rights of people. Our constitution makers nicely mentioned freedoms along with restrictions. Freedom of rights & restrictions go in hand by hand. That's why, Article 19 in our constitution has a great importance.

Article 19(1)(g)1 of the Indian Constitution guarantees all citizens living within its borders the freedom to engage in any profession, trade, or business. However, Art. 19(6)2 lists the kinds of restrictions the state may impose on the aforementioned freedom in order to protect India's sovereignty and integrity, security, friendly relations with other countries, public order, decency, or morality.3 These limitations are designed to make sure that no one's freedom is violated at the expense of another person's rights or freedoms.

My objective for this research project is to investigate different aspects of economic liberties under the law. In order to comprehend the freedom of trade and occupation as guaranteed by the Constitution, the study will first concentrate on dissecting the legal foundation and judicial interpretation of Article 19(1)(g). Secondly on Analysis between Article 301 and Article 19(1)(g) and lastly it will assess how recent economic reforms have affected this fundamental right, specifically looking at how they have affected the freedom of employment and commerce.