The right of every citizen to practise any profession, or to carry on any occupation, trade or business is guaranteed by:

Article 19(1)(g) of the Constitution guarantees to all citizens the right to practise any profession, or to carry on any occupation, trade or business.

Place in the Constitution:

• Article 19 is the first Article of the Right to Freedom (Articles 19 to 22) in Part III.
• It guarantees a set of basic freedoms that are available only to citizens of India and not to foreigners.
• Other freedoms in Article 19(1) include freedom of speech and expression (sub-clause a) and the right to assemble peaceably and without arms (sub-clause b).

Reasonable restrictions under Article 19(6):

• The State can impose reasonable restrictions on this right in the interests of the general public.
• The State can prescribe professional or technical qualifications needed to practise a profession or carry on an occupation, for example a medical or law degree.

The State can carry on any trade, business or industry itself, to the complete or partial exclusion of citizens. This allows nationalisation and State monopolies.

What it does not protect:

There is no fundamental right to carry on a trade that is immoral, illegal or dangerous, such as trafficking in women or dealing in harmful drugs.

Related rulings:

• The Supreme Court has held that street vendors have a right to carry on their trade on pavements, subject to regulation.
• The right to close down a business is also part of this freedom, but it can be regulated.

Difference from Article 301:

Article 301 in Part XIII declares freedom of trade, commerce and intercourse throughout India, but it is not a Fundamental Right.

Why not the other options?

• ✗Article 19(1)(a) covers freedom of speech and expression.
• ✗Article 21 protects life and personal liberty, and Article 301 deals with trade across the country.