UNIT-2

Fundamental Right’s and It’s Restriction and Limitations in

different Complex Situations

Fundamental Rights are the basic rights guaranteed by the Indian Constitution to all citizens,
ensuring equality, freedom, dignity, and justice. Enshrined in Part III (Articles 12-35), these rights
safeguard individuals against the arbitrary actions of the state and form the cornerstone of
democracy. They include the Right to Equality, Right to Freedom, Right against Exploitation, Right
to Freedom of Religion, Cultural and Educational Rights, and the Right to Constitutional Remedies.
These rights promote social justice, uphold individual liberty, and are enforceable by courts,
ensuring a fair and inclusive society.

Fundamental Right’s in India:

Right to Equality
(Articles 14-18)

Right to Constitutional Right to Freedom

Remedies (Article 32) (Articles 19-22)

Right against
Cultural and Educational
Exploitation (Articles 23-
Rights (Articles 29-30)
24)

Right to Freedom of
Religion (Articles 25-28)

1. Right to Equality (Articles 14-18)

The Right to Equality ensures all individuals are treated equally under the law, prohibiting
discrimination on grounds like religion, race, caste, sex, or place of birth. It guarantees equality of
opportunity in public employment, abolishes untouchability, and prohibits the use of titles like “Sir”
or “Raja.” This right fosters inclusivity and aims to create a society where everyone is treated fairly,
regardless of their background. It upholds the principle of fairness in governance and protects
individuals from discriminatory practices.

2. Right to Freedom (Articles 19-22)

The Right to Freedom guarantees six essential freedoms: speech and expression, assembly,
association, movement, residence, and the profession of one’s choice. It provides safeguards against
arbitrary detention (Article 22) and ensures the personal liberty of individuals. However, these
freedoms are subject to reasonable restrictions to maintain public order, morality, and the
sovereignty of the nation. This right empowers citizens to express themselves and live freely while
balancing societal needs and individual rights.

3. Right against Exploitation (Articles 23-24)

This right protects individuals from exploitation in any form. It prohibits human trafficking, forced
labor, and other forms of exploitation. Article 23 bans bonded labor and other exploitative
practices, while Article 24 specifically prohibits the employment of children below 14 years in
hazardous industries. This right ensures human dignity, protecting vulnerable groups from abuse,
and supports the establishment of a just and humane society.

4. Right to Freedom of Religion (Articles 25-28)

The Right to Freedom of Religion ensures the freedom to profess, practice, and propagate any
religion. It allows individuals to manage religious affairs and ensures state neutrality in religious
matters. Public-funded institutions cannot promote any specific religion. This right fosters
secularism, guaranteeing every individual the liberty to follow their faith without coercion or
discrimination, thus maintaining communal harmony.

5. Cultural and Educational Rights (Articles 29-30)

These rights protect the cultural identity of minorities and ensure educational access. Article 29
safeguards the right of any group to preserve its language, script, or culture, while Article 30 grants
minorities the right to establish and administer educational institutions. These provisions promote
diversity and inclusion, ensuring that minority groups can thrive culturally and educationally
without fear of suppression.

6. Right to Constitutional Remedies (Article 32)

This right empowers citizens to approach the courts for enforcement of Fundamental Rights if
violated. Known as the “heart and soul” of the Constitution, as described by Dr. B.R. Ambedkar, it
allows individuals to file writs such as habeas corpus, mandamus, prohibition, certiorari, and quo
warranto. This ensures judicial oversight and safeguards individual liberties, making Fundamental
Rights meaningful and enforceable.

FUNDAMENTAL RIGHT’S RESTRICTION:

Fundamental Rights in India, enshrined in Part III of the Constitution, are not absolute. They are
subject to reasonable restrictions to balance individual liberty with the larger interest of society,
public order, and national security. These restrictions ensure that the exercise of Fundamental
Rights does not harm others or disrupt public welfare.
 2. Restrictions on the Right to Freedom
1. Restrictions on the Right to Equality
a. Freedom of Speech and Expression
a. Equality before Law (Article 14):
b. Freedom of Assembly
b. Prohibition of Discrimination (Article 15):
c. Freedom of Movement and Residence

3. Restrictions on the Right to Freedom 4. Restrictions on Cultural and

of Religion Educational Rights

5. Right against Exploitation

1. Restrictions on the Right to Equality

 Equality before Law (Article 14): Special provisions can be made for the welfare of
socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes
(STs).
 Prohibition of Discrimination (Article 15): Certain state-led affirmative actions like
reservations in education and employment are exceptions to the rule of non-discrimination.

2. Restrictions on the Right to Freedom

The six freedoms under Article 19 are subject to reasonable restrictions to ensure they do not
jeopardize public welfare:

 Freedom of Speech and Expression: Restrictions include sovereignty and integrity of

India, security of the state, public order, decency, morality, contempt of court, defamation,
and incitement to an offense.
 Freedom of Assembly: The right to assemble peacefully does not include arms-bearing
assemblies and is restricted to maintain public order.
 Freedom of Movement and Residence: These freedoms can be curtailed to protect the
interests of Scheduled Tribes or for security purposes.

The Right to Life and Personal Liberty under Article 21 can be restricted by procedures established
by law, such as in cases of preventive detention under Article 22, which itself has procedural
safeguards.

3. Restrictions on the Right to Freedom of Religion

The right to religious freedom (Articles 25-28) is not absolute and is subject to public order,
morality, health, and other fundamental rights. Religious practices that violate laws, such as human
sacrifice or untouchability, are prohibited.

4. Restrictions on Cultural and Educational Rights

While minorities have rights to preserve their culture and establish institutions, these must comply
with general laws like regulations concerning public order or educational standards.

5. Right against Exploitation

While this right prohibits exploitation, exemptions exist for compulsory service for public purposes,
provided it does not involve discrimination.
Article 19(1)(g), Grants every Citizen the right, to Practise any Profession, or to carry
on any Profession, Occupation, Trade, or business. Like other Fundamental Rights,
this Right is subject to Reasonable restrictions impose by the State

Article 19(1)(g) of the Indian Constitution guarantees every citizen the right to practise any
profession or to carry on any occupation, trade, or business. This right is an important part of
economic freedom and plays a major role in the development of an individual as well as the nation.
It allows citizens to choose their means of livelihood freely and contribute to economic growth.
However, this right is not absolute. Like other Fundamental Rights, it is subject to reasonable
restrictions imposed by the State in the interest of the general public. These restrictions ensure that
individual economic freedom does not harm society, public order, morality, or national interest.

Importance of Article 19(1)(g):

The right under Article 19(1)(g) is closely linked with the Right to Life under Article 21, as livelihood is
essential for living with dignity. Economic freedom empowers citizens and reduces dependency. It
encourages entrepreneurship and job creation. For a developing country like India, this right supports
economic development and inclusive growth.
At the same time, unregulated economic freedom can lead to exploitation, inequality, and harm to
consumers or workers. Therefore, the Constitution allows the State to regulate this right to ensure balance
between individual freedom and social welfare.

Meaning and Scope of Article 19(1)(g):

Article 19(1)(g) provides freedom to engage in any lawful economic activity. Profession refers to activities
that require special knowledge, skill, or qualification such as doctors, lawyers, teachers, and engineers.
Occupation includes any regular activity through which a person earns a living. Trade and business involve
buying, selling, manufacturing, or providing services for profit. The scope of this Article is wide and covers
small vendors, shopkeepers, industrialists, service providers, and modern digital businesses.
This right helps individuals achieve economic independence and self reliance. It also promotes competition,
innovation, and efficiency in the economy. Courts have interpreted this Article broadly to include modern
professions and new forms of business that have emerged with technological development.
Reasonable Restrictions under Article 19(6):

Article 19(6) allows the State to impose reasonable restrictions on the freedom guaranteed under Article
19(1)(g). These restrictions must be in the interest of the general public. The term reasonable means that
restrictions should not be arbitrary, excessive, or unfair. They must have a rational connection with the
objective they seek to achieve.
Restrictions can be imposed through laws passed by the legislature. Executive actions without legal backing
are generally not valid. The courts have the power to examine whether a restriction is reasonable or not.

Grounds for Imposing Restrictions:

Restrictions may be imposed to protect public health, safety, morality, and order. For example, professions
like medicine and law require licences and qualifications to protect public interest. Dangerous trades such
as manufacturing explosives or harmful chemicals are regulated strictly.
The State can also regulate business to prevent unfair trade practices, monopolies, and exploitation of
labour. Environmental protection laws restrict certain industrial activities to protect natural resources and
public health. Thus, restrictions are aimed at ensuring that economic activities do not harm society.

Professional Qualifications and Licensing:

One common form of restriction is the requirement of professional qualifications. The Constitution itself
allows the State to prescribe technical or professional qualifications for practising any profession. For
example, doctors must have medical degrees and be registered with medical councils. Lawyers must be
enrolled with bar councils. These restrictions are considered reasonable because they protect consumers
and maintain standards.
* Licensing is another method of regulation. Businesses such as liquor trade, mining, telecommunications,
and banking require licences. The courts have upheld such licensing systems as long as they are fair and
transparent.
State Monopoly and Article 19(1)(g):

Article 19(6) also allows the State to carry on any trade, business, industry, or service to
the exclusion of citizens, either completely or partially. This means the State can create
monopolies in certain sectors. Examples include railways, postal services, and defence
production.

State monopoly is justified when essential services must be controlled in the public
interest. However, such monopolies must be established by law. Citizens cannot claim a
fundamental right to trade in areas reserved exclusively for the State.

Judicial Interpretation and Key Cases:

The judiciary has played a crucial role in interpreting Article 19(1)(g). In the case of
Chintaman Rao v State of Madhya Pradesh, the Supreme Court explained that reasonable
restrictions should strike a balance between freedom and control. In State of Gujarat v
Mirzapur Moti Kureshi Kassab Jamat, the Court upheld restrictions on slaughter of cows in
the interest of public morality and economy.

In Modern Dental College v State of Madhya Pradesh, the Supreme Court applied the
principle of proportionality. It held that regulation of private educational institutions was
reasonable to prevent exploitation and ensure fairness.

In the Internet and Mobile Association of India v RBI case, the Court examined restrictions
on cryptocurrency trade. It held that while regulation is allowed, a complete ban without
strong justification is unreasonable. This case shows how courts protect economic freedom
while allowing necessary regulation.

Reasonable Restrictions and Welfare State:

India follows the model of a welfare state. In a welfare state, the government actively
intervenes in the economy to protect weaker sections and promote social justice. Labour
laws regulating working hours, wages, and safety are examples of reasonable restrictions.
These laws may limit the freedom of employers but protect workers’ rights.

Price controls on essential commodities, rationing systems, and regulations on housing and
rent are also justified under Article 19(6). Such measures ensure availability of basic
necessities to the common people.

Changing Economic Conditions and New Challenges:

With liberalisation and globalisation, the interpretation of Article 19(1)(g) has evolved.
Courts now recognise the importance of economic freedom in a market economy. However,
regulation remains necessary to prevent market failures and protect consumers.

New challenges have emerged with digital platforms, online businesses, and gig economy.
Issues related to data protection, cyber security, and digital payments require regulation.
The State must ensure that restrictions keep pace with technological changes and remain
reasonable.

Tests of Reasonableness:

Courts use certain tests to decide whether a restriction is reasonable. These include the
nature of the right affected, the purpose of the restriction, the extent of restriction, and the
availability of less restrictive alternatives. A restriction should not completely destroy the
right. It should be proportionate to the problem it seeks to address.

The burden of proving reasonableness lies on the State. If a restriction is found to be

arbitrary or excessive, it can be struck down as unconstitutional.

This Particular Provision of the Constitution has

been one of the Most Severely Litigated Freedoms

Article 19(1)(g) of the Indian Constitution guarantees every citizen the freedom to
practise any profession or to carry on any occupation, trade, or business. Among all
Fundamental Rights, this provision has been one of the most severely litigated freedoms in
India. The main reason is that economic activities directly affect public interest, social
welfare, and government policy. While citizens demand maximum economic freedom, the
State often imposes regulations in the name of public interest. This continuous conflict
between individual freedom and State control has led to frequent constitutional challenges
before courts.

Nature of Economic Freedom under Article 19(1)(g)

Economic freedom under Article 19(1)(g) is very wide in scope. It covers traditional
professions like law and medicine as well as modern businesses like online platforms,
digital payments, and cryptocurrency trading. Every regulation that affects entry into a
profession, continuation of business, pricing, licensing, or closure can potentially restrict
this freedom. Because the economy touches every citizen’s life, even small regulations can
lead to litigation. Courts are often required to decide whether a restriction is reasonable or
excessive.

Reason for Frequent Litigation

One major reason for severe litigation is that Article 19(1)(g) is subject to reasonable
restrictions under Article 19(6). The word reasonable is not clearly defined in the
Constitution. This gives wide discretion to both the State and the judiciary. Governments
often justify restrictions in the interest of public health, morality, economic planning, or
social justice. Citizens and businesses challenge these restrictions as arbitrary or unfair.
This clash has made Article 19(1)(g) a regular subject of constitutional cases.

Early Litigation and the Right to Property Connection

In the early years after Independence, most litigation related to economic freedom was
connected with land reforms and property rights. Laws regulating land ownership,
business activities, and trade were challenged for violating economic freedom. Courts
initially tried to protect individual rights but gradually accepted that the Constitution aims
to establish a welfare state. This shift led to more litigation as the balance between freedom
and regulation was still evolving.

Licensing and Permit System

One of the most litigated aspects of Article 19(1)(g) has been licensing and permit
requirements. Industries such as mining, transport, liquor, telecommunications, and
banking require government permission. Business owners often challenge licence
conditions as unreasonable restrictions. Courts have repeatedly held that licensing is valid
if it serves public interest and follows fair procedure. However, arbitrary or discriminatory
licensing has been struck down. These cases show how courts constantly supervise State
regulation under this Article.

Regulation of Professions

Professional regulations have also led to extensive litigation. Doctors, lawyers, teachers,
and other professionals are required to meet qualifications and follow ethical standards.
Many have challenged such rules as restrictions on their freedom. Courts have upheld
professional regulation, stating that public trust and safety justify such restrictions. This
has strengthened regulatory bodies while clarifying that professional freedom is not
unlimited.

Labour and Industrial Regulations

Labour laws are another major area of litigation under Article 19(1)(g). Employers often
argue that laws on minimum wages, working hours, job security, and industrial disputes
restrict their business freedom. On the other hand, workers rely on these laws for
protection. Courts have generally supported labour welfare laws, stating that economic
freedom cannot override social justice. These cases reflect the constitutional commitment
to a welfare oriented economy.

Nationalisation and State Monopoly

The nationalisation of banks, insurance companies, and other industries led to intense
litigation. Business owners argued that State monopoly destroyed their freedom to trade.
Courts upheld most nationalisation laws, stating that Article 19(6) allows the State to
exclude citizens from certain trades. This interpretation expanded State power and
reduced individual economic freedom in selected sectors. These decisions remain
important examples of how heavily Article 19(1)(g) has been contested.

Liberalisation and New Interpretation

After economic liberalisation in 1991, litigation under Article 19(1)(g) took a new
direction. Businesses began challenging excessive regulation as harmful to free market
principles. Courts became more sensitive to economic freedom and efficiency. While
welfare laws were still upheld, unnecessary controls were questioned. This period shows
how changing economic policy increased constitutional challenges related to trade and
business freedom.

Digital Economy and Modern Litigation

In recent years, Article 19(1)(g) has been frequently invoked in cases related to the digital
economy. Online platforms, e commerce, fintech companies, and cryptocurrency traders
have challenged regulatory actions. The RBI cryptocurrency ban case is a strong example.
The Supreme Court struck down the ban, stating that a complete restriction without
evidence of harm is unreasonable. This case shows how Article 19(1)(g) continues to be
actively litigated in response to technological change.

Role of Judiciary in Balancing Interests

The judiciary plays a central role in making Article 19(1)(g) workable. Courts apply tests
like reasonableness and proportionality to decide cases. They examine whether
restrictions serve public interest and whether less restrictive alternatives exist. Because
economic conditions change, courts must constantly reinterpret this freedom. This judicial
involvement naturally leads to more litigation.

Welfare State and Economic Control

India’s commitment to being a welfare state increases litigation under Article 19(1)(g).
Welfare policies often require regulation, subsidies, price control, and reservation of
certain sectors. Businesses challenge these measures, while the State defends them as
necessary for economic justice. This structural tension ensures that litigation under this
Article never stops.

Fundamental Duties in India

Fundamental Duties, enshrined in Article 51A of the Indian Constitution, outline the moral
and civic obligations of every citizen to promote a sense of responsibility and commitment
to the nation. Introduced by the 42nd Amendment in 1976, they include duties like
respecting the Constitution, National Flag, and National Anthem, protecting India’s
sovereignty, promoting harmony, safeguarding public property, and preserving the
environment. While not enforceable by law, they serve as a guide for responsible
citizenship and complement Fundamental Rights. Fundamental Duties aim to inspire
collective efforts toward national development and ensure a balance between individual
rights and societal obligations.

Fundamental Duties in India:

1. Respect the Constitution, National Flag, and National Anthem

Citizens must uphold and respect the ideals of the Constitution, show reverence to the
National Flag, and honor the National Anthem, reflecting patriotism and unity.

2. Cherish and Follow Noble Ideals of the Freedom Struggle

Citizens should value the sacrifices of freedom fighters and strive to uphold the principles
of justice, equality, and liberty that guided India’s independence movement.
3. Uphold Sovereignty, Unity, and Integrity of India

It is a citizen’s duty to protect the nation’s sovereignty, maintain unity, and resist forces
that threaten India’s territorial integrity.

4. Defend the Country and Render National Service

Every citizen must contribute to national defense and offer service during emergencies,
showcasing dedication to national security and welfare.

5. Promote Harmony and Brotherhood

Citizens are encouraged to foster communal harmony and renounce discriminatory

practices based on religion, language, or regional differences to ensure societal peace.

6. Preserve the Rich Heritage of India’s Culture

The duty to safeguard India’s diverse cultural heritage promotes respect for the nation’s
historical and artistic legacy.

7. Protect and Improve the Natural Environment

Citizens must actively conserve forests, wildlife, and other natural resources while
ensuring sustainable development and environmental protection.

8. Develop a Scientific Temper and Humanism

Promoting scientific thinking and rationality encourages progress and helps combat
superstitions, fostering humanistic and innovative growth.

9. Safeguard Public Property and Renounce Violence

Protecting public assets and refraining from violence ensures public welfare and
strengthens societal harmony.

10. Strive for Excellence in All Spheres

Citizens are expected to pursue excellence in their respective fields, contributing positively
to individual and national development.

11. Provide Opportunities for Education to Children

Added by the 86th Amendment, this duty mandates parents or guardians to ensure their
children receive basic education, promoting literacy and empowerment.