ARTICLE 303, 304 OF CONSTITUTION OF INDIA 1949

What are the Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce? What are Restrictions on trade, commerce and intercourse among States? Article 303 and 304 of Constitution of India, 1949

Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce and Restrictions on trade, commerce and intercourse among States are defined under Article 303 and 304 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 303 of Constitution of India "Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce"

(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 of Constitution of India "Restrictions on trade, commerce and intercourse among States"

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 shall be introduced or moved in the Legislature of a State without the previous sanction of the President.

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