Asked March 17, 2017

Freedom of profession and occupation

  • 1 Answer

Does right to freedom of profession and occupation includes discontinuing the profession or occupation for an advocate? Help me with case laws.

Answer 1

Sir, the Right to practice a trade under Article 19 of the Constitution, comes inclusive of the inherent right not to practise any trade or profession. The right to carry on business includes the right to close it any time the owner likes. But as no right is absolute, so the right to close is also not absolute. The restrictions can be placed on it in the interest of public. In Excel Wear v. Union of India, AIR 1979 S.C. 25, it was held that refusal or approval for closure of a business when the owner cannot pay even minimum wages to his employees, was not in the interest of public and hence it was invalid.

Agree Comment 0 Agrees over 4 years ago

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