Question

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

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 businesses ' 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 to necessary measures to protect public health as provided under the environmental statutes were taken by those businessmen.

विकल्प

• Notice cannot be justified as it will cause loss of employment to 30000 families

• Notice cannot 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 cannot 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

Answer 1

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:

Fundamental Rights as provided by the Indian constitution give us the right to carry on any occupation trade or business, but reasonable restrictions can be imposed by the provisions of law, in the interest of the general public. In the present scenario,  the notice is justified as the right to business is not absolute and reasonable restrictions can be imposed in the interest of the public.