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Part VII Rights—Substance and Content, Ch.48 Profession, Occupation, Trade, or Business

Vikramaditya S Khanna

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 September 2020

This chapter examines the right to practice any profession or to engage in any occupation, trade, or business as embodied in the Indian Constitution. In particular, it considers Article 19(1)(g) and certain limitations on the right, and how this right interacts with India’s political economy. Three important questions are discussed. When is an activity treated as a profession, occupation, trade or business (POTB)? When are the restrictions upon this activity considered to be ‘reasonable’ with regard to Article 19(1)(6)? How does Article 19(1)(g) apply to the development of private educational institutions? These three inquiries help us see the nature of the jurisprudence under Article 19(1)(g) and the way in which it has developed.

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