What is the main object of Article 301?
Article 301 of the Indian Constitution provides that the trade, commerce and intercourse in the country should be free throughout the country. In trade, goods and services are exchanged between the buyer and the seller and it also includes the transportation of these goods.
What are the constitutional provisions relating to freedom of trade, commerce and intercourse?
The freedom of trade, commerce, and intercourse is provided under Part XIII of the Indian Constitution in Articles 301 to 307. Article 301 lays down the general principles of trade and commerce whereas Article 302 to 305 enunciates the restrictions which trade is subjected to.
What is the necessity of the interstate trade and commerce clause in the Indian Constitution?
It imposes a general limitation on the exercise of legislative power, whether of the Union or of the States, to secure unobstructed flow of trade, commerce and intercourse from one part of the territory of India to another.
Which entries confers taxing power in relation to different aspect of trade, commerce and intercourse?
Art. 304 (a) allows the States to impose tax on goods imported from other States/ Union territories, to which similar goods manufactured in that State are subject. But this should not be done in a manner so as not to discriminate between goods- imported or manufactured.
What is inter state trade commerce?
These provisions go to show that expression “inter-State trade or commerce” has been used in the Constitution to mean the trade or commerce in which goods move from one State to another, or from one Union Territory to another, or from a State to a Union Territory or vice versa.
Who has jurisdiction over interstate trade and commerce in India?
The clause states that the United States Congress shall have power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.
What is Article 300 A?
Article 300A states that – No person shall be deprived of his property save by the authority of law. Therefore, the article protects an individual from interference by the State and dispossess a person of the property unless it is in accordance with the procedure established by law.
What did the Commerce Clause do?
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
What does Article 19 say?
The heart of the Article 19 says: “Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
What is the Article 320?
Functions of Public Service Commissions. It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
What does Article 301 of the constitution say about trade?
Freedom of trade, commerce, and intercourse Article 301 talks about the freedom of trade, commerce, and intercourse throughout the country. It states that subject to other provisions under Part XIII, the freedom to carry on these activities shall be free.
What is article 303(1) of Indian Constitution?
Article 303 (1) states that the Parliament does not have the power to make any law which will keep one State at a more preferable position than the other State, by virtue of any entry in trade and commerce in any one of the lists in 7th Schedule.
What is the difference between section 92 and Article 301?
Section 92 immunizes interstate trade only whereas Article 301 includes inter-state as well intra-State trade Section 92 makes freedom of trade’ absolutely ‘free but in India exceptions to Article 301 has been laid down in Article 302-304. Trade means buying and selling with intention to earn profit.
What is restriction freedom from which is guaranteed by Article 301?
Such restriction can be imposed by the State legislatures only after satisfying the requirements of Article 304 (b) of the Constitution” “Restriction freedom from which is guaranteed by Article 301 would be such restrictions as directly and immediately restrict or impede the free flow or movement of trade.