Law that always bars people where to smoke and how to smoke may face a serious challenge that smoking is protected by federal or state constitution. It is not cited anywhere in any constitution that smoking is a right and it should be safeguarded. No doubt, there are few people who always echo their voice that smoking is the fundamental right and there are 2 main ways on the basis of which most of the claim their smoking rights. (1)The fundamental right of privacy in federal and state constitution allows the right to smoking and (2) the clauses of “equal protection” in federal and state constitution offer special protection to smokers. Inevitably, neither of these claims has any legal status and these higher clauses –that are limited to special constitutional rights- should be considered as fitting to right to smoke. Laws are determined on the basis of justification and rationality not on the basis of personal vested interest. Hence, there is not a single clause in state and federal constitution which grants the right to smoke.