Principle All citizens shall have the Fundamental Right to carry on any occupation trade or bus...........

Constitutional Law Preamble and Citizenship

Principle: All citizens shall have the Fundamental Right to carry on any occupation, trade or business. But reasonable restrictions on the exercise of such rights can be imposed by law in the interest of the general public.

Facts: A large number of persons had been carrying on the business of dyeing and printing in Rajkot area for the last 25 years providing employment to about 30000 families. From these business places untreated dirty water was being discharged on the roads thereby causing damage to the public health. A notice, therefore, was given to close this business till necessary measures to protect public health as provided under the environmental statutes were taken by those business men.

Notice can not be justified as it will cause loss of employment to 30000 families.

Notice can not be justified as it amounts to violation of the fundamental right of the persons who have been carrying on the business for the last 25 years.

The notice can not be justified on the ground of damage to public health as the persons in that area have been voluntarily residing for long and have become used to that environment.

The notice can be justified as the right to business is not absolute and reasonable restriction can be imposed by law in the interest of the public.

Explanation:

As per the principle, reasonable restrictions can be imposed on fundamental rights by law in the interest of general public. And the restrictions imposed by authorities fall in that category. The notice is not an embargo to carry on the business. It only calls upon the dyers and printers to carry out business in a manner which respects the environment.