COMPREHENSIVE STUDY OF FUNDAMENTAL RIGHT TO OCCUPATION.

I. Right to Occupation under Article 19 (1) (g) With Reasonable Restriction under
Article 19 (6)
Article 19 (1) (g) of Constitution of India provides Right to practice any

profession or to carry on any occupation, trade or business to all citizens subject to Art.19 (6)
which enumerates the nature of restriction that can be imposed by the state upon the above
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to all persons to do any particular type of business of their choice. But this does not confer
the right to do anything consider illegal in eyes of law or to hold a particular job or to occupy
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that conditions be created by the state or any statutory body to make any trade lucrative or to
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place is unlawful cannot claim fundamental right to carry on business in such place since the
fundamental rights cannot be availed in the justification of an unlawful act or in preventing a
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Keeping in view of controlled and planned economy the Supreme Court in a series of cases
upheld the socially controlled legislation in the light of directive principles and the activities
of the private enterprises have been restricted to a great extent.. However under Article
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(i) A law relating to professional or technical qualifications is necessary for practicing a
profession. A law laying down professional qualification will be protected under Article
19(6). No person can claim as of right to possess a certificate for the profession of acting as
guide, and the certificate once granted can be cancelled without hearing the person
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(ii) A law relating to the carrying on by the state, or by any corporation owned or controlled
by it, of any trade, business, industry or service, whether to the exclusion, complete or partial,
of citizens or otherwise.

Under article 19(6)(ii) nothing contained in Sub-clause(g) of Clause (1) of Article 19 shall
affect carrying on by the State any trade, business, industry or service, whether to the
exclusion, complete or partial of citizens or otherwise if it is not in the

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CHAPTER2 COMPREHENSIVENESS OF OCCUPATION.

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II. TRADE/BUSINESS/PROFESSION: DIFFERENTIATES BETWEEN THEM AND
HOW?

II.1 Trade:
(i) The word ‘trade’ means exchange of goods for goods or goods for money or any business
carried on with a view for profit, whether manual or mercantile distinguished from liberal arts
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(ii) Trade in its primary meaning is the exchanging of goods for goods
or goods for money, in its secondary meaning for goods,. it is repeated activity in the nature
of business carried on with a profit motive, the activity manual or mercantile, as
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(iii) Exchange of goods for goods or for money with the object of making profits in the
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II.2 Business:

The expression ‘business’ occurring in Section 10(3) (a) (iii) of the Andhra Pradesh
Buildings (Lease, Rent and Eviction) Control Act, 1960 is used in a wide sense so as to
include the practice of the profession of an advocate. It is clear that having regard to this
decision the practice of law must be regarded as business also for the purpose of Tamil Nadu
Building (Lease and Rent Control) Act 18 of 1960 , the appellant must be held entitle to
recover possession for the purpose of carrying on the profession of the law. The word
‘businesses must be interpreted in the context of the statue in which it occurs and not in the
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