LEGAL PRINCIPLE: Article 19(1)(g) of the Constitution of India guarantees to all citizens the right to…
A total ban amounts to withdrawal of the right to trade or occupation when a seasonal restriction would suffice, so it is an unreasonable restriction (Chintaman Rao v. State…
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LEGAL PRINCIPLE: Article 19(1)(g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19(6) empowers the State to impose reasonable restrictions on this right in the interest of public. FACTUAL SITUATION: Having experienced acute shortage of labor for agricultural purpose due to engagement of agricultural laborer in manufacture of Bidis, the State Government enacted a law to prohibit such engagement of agricultural labour in the manufacture of Bidis. Whether the law violates the constitutional provisions? DECISION:
Answer and explanation
Correct answer D
A total ban amounts to withdrawal of the right to trade or occupation when a seasonal restriction would suffice, so it is an unreasonable restriction (Chintaman Rao v. State of M.P.): "Yes, because the object sought to be achieved by this law is to keep sufficient labor supply for agricultural purpose, which could have been easily achieved by restraining the employment of agricultural labor in Bidi manufacturing during the agricultural season only. Absolute restriction amounts to withdrawal of the right. Hence, the law is unconstitutional."
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