Articles 305 and 307 of the Constitution of India
Articles 305 and 307 form part of Part XIII of the Constitution, which deals with trade, commerce and intercourse within the territory of India. Article 305 protects specified existing laws and laws concerning State monopolies from the operation of particular provisions in Part XIII, while Article 307 enables Parliament to create an authority to carry out the purposes of Articles 301 to 304.
Article 305 - Saving of existing laws and laws providing for State monopolies
Meaning: Article 305 preserves certain laws from being invalidated merely because of Articles 301 and 303. It also protects, from Article 301, specified laws concerning matters referred to in Article 19(6)(ii), which deals with State or State-controlled monopolies in a trade, business, industry or service.
Text of Article 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.
The present form of Article 305 was substituted by the Constitution (Fourth Amendment) Act, 1955. In practical terms, the provision must be read together with Articles 301 to 304 and Article 19(6)(ii), rather than as an independent source of a general power to restrict trade.
Article 306 - Omitted
Article 306 formerly dealt with the power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce. It was omitted by section 29 and the Schedule to the Constitution (Seventh Amendment) Act, 1956, with effect from 1 November 1956.
Article 307 - Authority for carrying out Articles 301 to 304
Meaning: Article 307 gives Parliament an enabling power to establish an authority for implementing the constitutional purposes of Articles 301, 302, 303 and 304 and to confer on that authority the powers and duties Parliament considers necessary.
Text of Article 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.
How Articles 305 and 307 fit within Part XIII
Articles 301 and 302 deal respectively with freedom of trade, commerce and intercourse and Parliament's power to impose restrictions in the public interest. Articles 303 and 304 address legislative restrictions affecting trade and commerce and the circumstances in which States may impose taxes or reasonable restrictions. Article 305 then saves specified laws, and Article 307 provides for a possible implementing authority.
Official constitutional source
For the authoritative constitutional text and amendment footnotes, consult the Legislative Department, Ministry of Law and Justice. The official Constitution text confirms the current wording of Articles 305 and 307 and the omission of Article 306.
Last reviewed: 19 September 2026. This page is a general legal-information resource and should be read with the latest official constitutional text and applicable judicial decisions.