A law providing that the shops and establishments shall remain closed for one day in a week. Examine the Constitutional validity....

Question: A law providing that the shops and establishments shall remain closed for one day in a week. Examine the Constitutional validity of the law.[BJS1975]

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Answer

Article 19(1) (g) of the Constitution of India provides that All citizens shall have the right to practice any profession or to carry on any occupation, trade or business. The Indian Constitution also provided in Article 19(6) that any business or trade, irrespective of its nature, is liable to be controlled or restricted by the State if necessary in the interests of the general public. This was discussed elaborately by the High Court of Madras in the case of Sadasivam v. State of Madras (AIR 1957 Mad 144) in which the Madras Shops and Establishments Act specified Monday as the Weekly holiday for the saloon and had exhibited a notice to that effect in the saloon. The observations of the court are as follow:

While the right to pursue any lawful occupation or calling is recognized in every democratic country, yet the right of the State to regulate such a business where its unregulated Operation may injuriously affect the welfare of others is equally well settled.

• The right of every citizen to pursue any lawful ‘trade or business is obviously subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the – safety health, peace, order, and morals of the community. On these propositions, it follows that the freedom referred to in Article 19(1)(g) of the Constitution of India does not mean freedom to carry on trade or profession in a way that may be prejudicial to the public interest.

• The object of the law is to provide for holidays and to regulate and lay down conditions of and the hours of employment in shops and commercial establishments. The regulation of the hours of work of the employees or the prescription of holidays and sick leave or the insistence on the observance of the legislative requirements to keep proper records of attendance, fines or overtime work, does not, it would seem, prima facie deny the freedom of profession.

• Its underlying purpose is to prevent what is called “sweating of labour’ by persons who by nature of their position as employers have a dominant voice and are apt to use it for their own benefit rather than for the benefit of their own employees”.

Therefore, the concerned law which directed that the shops and establishment shall remain closed for one day a week is reasonable in the public interest, and thus not in contravention to Article 19 (g) of the Constitution of India.

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