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Freedom of Trade and Commerce – A Constitutional View Point

Amity Law School, Noida

Trade and commerce have become the largest sectors through which countries develop. Be it already developed countries like Japan or the USA or developing countries like India, trade and commerce has been the root of the survival of the world since ancient times. Evolution, development, and urbanization led to the rapid growth of the human race. Education has become a significant part of countries, and with the need for development came the need for laws. The need for constitutional law travels way back o 1215 when Magna Carta became the most important process that led to constitutional law in today's nations. Countries developed while enacting multiple laws for the protection of their respective citizens. Today with more than 190 countries globally, 167 out of them being democratic, constitutional law has gone through multiple changes and amendments. As far as the Indian Constitution is concerned, it was amended 105 times as per August 2021 data. India provides six primary fundamental rights to its citizens, explained in detail under Part III of the Constitution. Out of the six, one primary fundamental right that falls under the right to freedom is the Freedom of Trade and Commerce. It is widely explained under Sub-clause (g) of clause (1) of Article 19. Moreover, provisions for freedom of trade, commerce, and intercourse are also separately explained under part XIII of the Constitution – Articles 301 to 307.One of the fundamental rights granted to citizens is the freedom of trade and commerce. More than 40% of India's population is involved in trade and commerce. Every citizen has the right to work in the occupation of their choosing.; they can freely profess and practice any profession, occupation of their choice throughout the territory of India. This right is not absolute and does have some exceptions. The Parliament can impose certain restrictions on this right for the public interest. For example, if a particular business is not legal, then the government has the right to stop the persons involved in such business from carrying it on any further. This will not mean that their right to practice and profess any occupation of choice freely is violated. It must be noted that freedom does not make one free from laws. This paper explains the constitutional provisions related to freedom of trade and commerce in detail.

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