Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Article 19 (1) (g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19 (6) empowers the State to impose reasonable restrictions on this right in the interest of public.
FACTUAL SITUATION: Having experienced acute shortage of labor for agricultural purpose due to engagement of agricultural laborer in manufacture of Bidis, the state Government enacted a law to prohibit such engagement of agricultural labor in the manufacture of Bidis. Whether the law violates the constitutional Provisions ?
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Article 19 (1) (g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19 (6) empowers the State to impose reasonable restrictions on this right in the interest of public.
FACTUAL SITUATION: Having experienced acute shortage of labor for agricultural purpose due to engagement of agricultural laborer in manufacture of Bidis, the state Government enacted a law to prohibit such engagement of agricultural labor in the manufacture of Bidis. Whether the law violates the constitutional Provisions ?
DECISION :
LEGAL PRINCIPLE : Article 19 (1) (g) of the Constitution of India guarantees to all citizens the right to practice any profession, or to carry on any trade, occupation and business but Article 19 (6) empowers the State to impose reasonable restrictions on this right in the interest of public.
FACTUAL SITUATION: Having experienced acute shortage of labor for agricultural purpose due to engagement of agricultural laborer in manufacture of Bidis, the state Government enacted a law to prohibit such engagement of agricultural labor in the manufacture of Bidis. Whether the law violates the constitutional Provisions ?
DECISION :
Updated On: Aug 5, 2024
- No, because the law is a reasonable restriction in the interest of public. If laborers would not be available for agricultural purposes there can be shortage of food grains and wastage of crops.
- No, because Bidis are harmful for health of people so any law preventing people from engaging in manufacture of Bidis is in the interest of public.
- Yes, because the law imposes an unreasonable restriction as it indirectly makes the two sectors (manufacture of Bidis and agriculture) alternative options for the laborers where as some people would like to work in both of these.
- Yes, because the objects ought to be achieved by this law is to keep sufficient labor supply for agricultural purpose, which could have been easily achieved by restraining the employment of agricultural labor in Bidi manufacturing during the agricultural season only. Absolute restriction amounts to withdrawal of the right. Hence, the law is unconstitutional.
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The Correct Option is D
Solution and Explanation
The correct option is (D): Yes, because the objects ought to be achieved by this law is to keep sufficient labor supply for agricultural purpose, which could have been easily achieved by restraining the employment of agricultural labor in Bidi manufacturing during the agricultural season only. Absolute restriction amounts to withdrawal of the right. Hence, the law is unconstitutional.
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