Article 40 Freedom of profession, occupation, trade or business
Freedom of profession or occupation
It is the constitutional basis for the freedom to start and run a business. Entrepreneurs and investors rely on it to challenge licensing decisions taken without legal authority.
A citizen decides to open a pharmacy. Article 40 guarantees the right to enter any lawful occupation and to conduct any lawful trade or business, subject to qualifications and restrictions imposed by law. The same right applies to shops, farms, factories and professional practices.
The law requires a trade licence and a drug licence, and a qualified pharmacist. These are permitted conditions, because Article 40 allows qualifications and restrictions prescribed by law. Such conditions protect the public from unqualified or unsafe practice.
An official refuses the licence without citing any legal ground. Under Article 40, a restriction must be imposed by law; an official cannot bar a lawful business on personal discretion alone. The applicant asks for the written reasons and the legal basis.
The entrepreneur files a writ petition. If the refusal had no legal basis, the High Court Division can direct the authority to decide the application according to law. The authority must then apply the law fairly and without discrimination.
In plain English
How Article 40 works
Article 40 gives every citizen the right to enter any lawful profession or occupation and to conduct any lawful trade or business. The right comes with two conditions. First, the law can prescribe qualifications for a profession, so a doctor needs a medical qualification and a lawyer needs enrolment with the Bar Council. Second, the right is subject to any restrictions imposed by law, which can include licensing, zoning and regulation. Notably, the article does not require restrictions to be "reasonable", unlike several other rights in Part III. Article 47 also protects laws giving the State a monopoly in certain sectors. Still, any restriction must come from law, not mere executive discretion.
In practice
Article 40 is frequently relied on in writ petitions about trade licences, permits and regulatory decisions affecting businesses. Because the article allows "any restrictions imposed by law", courts focus on whether a legal basis exists and whether the authority stayed within it, rather than on the reasonableness of the law itself. Professional bodies such as the Bangladesh Bar Council and the Bangladesh Medical and Dental Council set qualifications under statute. Article 47(1)(e) and (f) also protect laws reserving trades or services to the State, or regulating rights in respect of business, where Parliament declares the law gives effect to Part II principles.
The text
What Article 40 says
40. Subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 40: frequently asked questions
What is Article 40 of the Constitution of Bangladesh?
Article 40 gives every citizen the right to enter any lawful profession or occupation and to conduct any lawful trade or business, subject to qualifications prescribed by law and any restrictions imposed by law.
Can the government require a licence to run a business?
Yes. Article 40 is subject to qualifications and restrictions imposed by law, so licensing requirements are permitted. A licence cannot, however, be refused without a legal basis, and decisions made outside the law can be challenged by writ petition.
Sources
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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