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Home > Know Your Rights > Right to reside and profession throughout India
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  Chintaman Rao Vs. The State Of Madhya Pradeshram, 1950 is a case law that sheds light on the extent of restrictions that can be imposed on the fundamental right to reside and practice any occupation. It held that the restrictions imposed on these rights must be reasonable and should adhere to the interest of the people.  The Court held that “The phrase "reasonable restriction" connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The word "reasonable" implies intelligent care and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guarnteed in Art. 19 (1) (g) and the social control permitted by el. (6) of Art. 19, it must be held to be wanting in that quality.”  The Court further held that such restrictions imposed by the legislature were subject to judicial review and court had the power to declare them void if in its opinion the restrictions are not reasonable.

 

·  Excel Wear Etc. Vs. Union Of India & Ors, 1978 held that a right to carry on a business includes a right not to carry on a business which is like any other right mentioned under Article 19(1). The court in this case held that just as every citizen has a right to practice the profession or trade of his own choice, he also has the right to close down that trade and not to practice it any further.

 
 
 
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