13Part XIII (A:301-307): Trade, Commerce and Intercourse within the territory of India
· Article 301 :
Freedom of trade, commerce and intercourse
301. Subject to
the other provisions of this Part, trade, commerce and intercourse throughout
the territory of India shall be free.
· Article 302 :
Power of Parliament to impose restrictions on trade, commerce and intercourse
302. Parliament
may by law impose such restrictions on the freedom of trade, commerce or
intercourse between one State and another or within any part of the territory
of India as may be required in the public interest.
· Article 303 :
Restrictions on the legislative powers of the Union and of the States with
regard to trade and commerce
303. (1)
Notwithstanding anything in article 302, neither Parliament nor the Legislature
of a State shall have power to make any law giving, or authorising the giving
of, any preference to one State over another, or making, or authorising the
making of, any discrimination between one State and another, by virtue of any
entry relating to trade and commerce in any of the Lists in the Seventh
Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law giving,
or authorising the giving of, any preference or making, or authorising the
making of, any discrimination if it is declared by such law that it is
necessary to do so for the purpose of dealing with a situation arising from
scarcity of goods in any part of the territory of India.
· Article 304 :
Restrictions on trade, commerce and intercourse among States
304.
Notwithstanding anything in article 301 or article 303, the Legislature of a
State may by law-
(a) impose on goods imported from other States [or the Union territories]* any
tax to which similar goods manufactured or produced in that State are subject,
so, however, as not to discriminate between goods so imported and goods so
manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade, commerce or
intercourse with or within that State as may be required in the public
interest:
Provided that no Bill or amendment for the purposes of clause (b) shall be
introduced or moved in the Legislature of a State without the previous sanction
of the President.
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* Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
· Article 305 :
Saving of existing laws and laws providing for State monopolies
[305. Nothing
in articles 301 and 303 shall affect the provisions of any existing law except
in so far as the President may by order otherwise direct; and nothing in
article 301 shall affect the operation of any law made before the commencement
of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to,
or prevent Parliament or the Legislature of a State from making any law
relating to, any such matter as is referred to in sub- clause (ii) of clause
(6) of article 19.]*
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* Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305
· Article 306 :
[Repealed.]
306. [Power of
certain States in Part B of the First Schedule to impose restrictions on trade
and commerce.] Rep. by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch
· Article 307 :
Appointment of authority for carrying out the purposes of articles 301 to 304
307. Parliament
may by law appoint such authority as it considers appropriate for carrying out
the purposes of articles 301, 302, 303 and 304, and confer on the authority so
appointed such powers and such duties as it thinks necessary.