Article 18: Freedom of Trade, Business or Profession:

Jarida Legal

Provision:

Freedom of Trade, Business or Profession

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to

enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent:-

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation

controlled by any such Government, of any trade, business, industry or service, to the exclusion,

complete or partial, of other persons.

Meaning:

Article 18 guarantees the freedom to choose one’s profession and to carry out any legal trade, business, or occupation. It ensures economic liberty and promotes free enterprise as a democratic value.

However, this freedom is not absolute. The state may impose regulations in the public interest—such as health and safety laws, licensing requirements, or environmental protections. Certain sectors may also be reserved for the government or regulated more strictly due to their sensitive nature.

Application:

When citizens open a shop, start a business, offer services as professionals, or work in any lawful trade, they are exercising their right under Article 18.

However, the government may require a medical practitioner to be licensed, restrict harmful industries near residential areas, or regulate food safety in restaurants. These limitations are legally valid as long as they are reasonable and in the public interest. The state cannot impose arbitrary restrictions that deny the right altogether.

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