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Lab Constitutional Law

In: Social Issues

Submitted By adityajaina
Words 566
Pages 3
There cannot be any such thing, as absolute or uncontrolled liberty wholly freed from restraint for that would lead to anarchy and disorder. The possession and enjoyment of all rights are subject to such reasonable restrictions as may be deemed to the governing authority of the country to be essential to the safety, health peace, general order and morals of the community.

What are Reasonable Restrictions?

➢ There should be proper balance Between the freedoms guaranteed under Article 19(1) and the social control permitted by clauses (2) to (6) of Article 19.It connotes that the limitation imposed on a person in the enjoyment of the right should not be arbitrary or of an excessive nature. In order to be reasonable, the restriction must have a reasonable relation to the object, which the legislation seeks to achieve, and must not go in excess of that object.
Therefore, while a citizen has a fundamental right to carry on a trade or business, he has no fundamental right to insist upon the government not to make any law to regulate any business in public interest.

Article 301: Freedom of trade, commerce and Intercourse: -

Subject to the other provisions of this part, trade commerce and intercourse throughout the territory of India shall be free

Therefore, “All obstructions or impediments, whatever shape they may take to the free flow or movement of trade or non-commercial intercourse offend Article 301 of the constitution”

Article 302: Power of Parliament to impose restrictions on trade, commerce and Intercourse: -

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: - 1) Notwithstanding anything in Article 302 neither Parliament nor the Legislative 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) Notwithstanding anything 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:-

Notwithstanding anything in Article 301 or Article 303, the legislative 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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