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My Constitutional Rights as A Business Owner in India

Four protections matter most to anyone running a business: the right to trade at all, the right to trade across state lines, the rule that no tax exists without a law, and the promise that your property leaves your hands only by authority of law.

Descriptive, not legal advice · text as amended through the 106th Amendment (2023)

Protection of certain rights regarding freedom of speech, etc

19(1)(g) protects the right to practice any profession or carry on any occupation, trade, or business. 19(6) lets the state impose reasonable restrictions, require qualifications, and even run state monopolies.

Freedom of trade, commerce and intercourse

Trade, commerce, and intercourse throughout the territory of India shall be free. The Constitution's single-market clause.

Restrictions on trade, commerce and intercourse among States

The exception: states may tax goods from other states like their own and impose reasonable public-interest restrictions, with the President's sanction for new bills.

Taxes not to be imposed save by authority of law

No tax shall be levied or collected except by authority of law. Any tax demand without a statute behind it is unconstitutional.

Special provision with respect to goods and services tax

The GST article: Parliament and states share power over goods and services tax, with the GST Council recommending rates.

Taxes on professions, trades, callings and employments

The deep cut: taxes on professions and trades are capped by this article at 2,500 rupees per person per year. Your profession tax has a constitutional ceiling.

Persons not to be deprived of property save by authority of law

No person shall be deprived of property save by authority of law. Since 1978 this is a constitutional right rather than a fundamental right, so the route to court differs, but the protection stands.

Equality before law

Equality before the law includes protection against arbitrary state action, which is the ground on which businesses most often win against the government.

The honest caveatLicensing, compliance, and sector regulation are statutory. This page is the constitutional floor under all of it.
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