Freedom of profession

Polity & Governance glossary

Also called: Article 19(1)(g) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"

Meaning

Freedom of profession is the right of citizens to practise any profession or to carry on any occupation, trade or business. It comes from Article 19(1)(g). The State may still:

  • set qualifications, such as a degree to work as a doctor or lawyer;
  • impose reasonable restrictions, meaning limits that courts check for fairness;
  • run a business itself and keep others out of it (a State monopoly), as the 1st Amendment, 1951 allowed.

It protects people's chance to earn a living by the work they choose.

Example

There is no fundamental right to trade in liquor, because it is a harmful trade that the State may control or ban (Khoday Distilleries, 1995).

Don't confuse with

  • Right to livelihood (Art. 21): this means a person's means of living cannot be taken away without fair procedure (Olga Tellis, 1985). Art. 19(1)(g) is about choosing which work to do. Neither gives a right to a job.

Related concepts

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