Economic Rights Under the Constitution under Constitutional Law
Economic Rights Under the Constitution
What Are Economic Rights?
Economic rights are a subset of fundamental rights that guarantee individuals the ability to participate in economic life with dignity and freedom. These rights typically include the rights to own property, work, fair remuneration, social security, and to conduct business.
Under constitutional law, economic rights ensure that individuals have legal protection over their economic activities and resources, and that the state respects and promotes economic justice.
Common Economic Rights Under Constitutions
Right to Own Property
Right to Work and Fair Labor Practices
Right to Equal Pay and Fair Remuneration
Right to Social Security and Welfare
Right to Engage in Trade and Business
Importance of Economic Rights in Constitutional Law
They promote social justice and reduce economic inequality.
They protect individuals against arbitrary deprivation of economic assets.
They support the broader framework of human dignity and freedom.
Right to Own Property
The right to own property is a fundamental economic right, usually protected by constitutional provisions. This right includes the right to acquire, use, and dispose of property.
The state cannot arbitrarily deprive a person of their property.
Any deprivation must be lawful, just, and often with compensation.
Case Law:
Keshavananda Bharati v. State of Kerala (1973)
The Supreme Court held that the right to property is a constitutional right, but subject to reasonable restrictions for public welfare.
The case reinforced that economic rights, including property rights, must be balanced against the needs of society.
Right to Work and Fair Labor Practices
Economic rights often include the right to gainful employment and to work in just and favorable conditions.
The constitution may guarantee protection against forced labor and unfair dismissal.
The right to form trade unions and bargain collectively may also be part of this framework.
Case Law:
Olga Tellis v. Bombay Municipal Corporation (1985)
The court recognized the right to livelihood as part of the right to life.
This case linked economic rights to fundamental human dignity and survival.
Right to Social Security and Welfare
Constitutions may impose obligations on the state to provide social security measures such as unemployment benefits, healthcare, and support for vulnerable groups.
Economic rights emphasize the state's role in safeguarding economic well-being.
Case Law:
Francis Coralie Mullin v. The Administrator, Union Territory of Delhi (1981)
The court ruled that the right to life includes the right to live with human dignity, which encompasses basic economic rights like food and shelter.
Right to Engage in Trade and Business
Individuals often have the constitutional right to carry on trade, business, or profession freely, subject to reasonable regulations in the public interest.
Restrictions must not be arbitrary or discriminatory.
Case Law:
State of Bombay v. R.M.D. Chamarbaugwala (1957)
The court upheld reasonable regulations on business but protected the right to carry on trade as fundamental.
Limitations on Economic Rights
Economic rights are subject to reasonable restrictions imposed by the state for public welfare, social justice, and economic regulation.
The state may regulate property rights, labor relations, and business activities for the common good.
Courts often balance individual economic rights with societal interests.
Summary
Economic rights under the constitution protect individuals’ ability to own property, work, earn a livelihood, and engage in business.
These rights are essential for dignity, social justice, and economic participation.
Courts have upheld these rights while allowing reasonable state regulation.
Landmark cases have emphasized the interconnection between economic rights and fundamental human dignity.
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