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[Cites 2, Cited by 104] [Constitution]

Constitution Article

Article 305 in Constitution of India

305. Saving of existing laws and laws providing for State monopolies

[For article 305 of the Constitution, the following article shall be substituted through Constitution (Fourth Amendment) Act, 1955]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 .[Editorial Comment- The Constitution (Fourth Amendment) Act, 1955, amended Article 305, empowering the State to nationalize any trade. It allows for the State’s monopoly of commerce, which is protected from criticism for violating paragraphs 301 and 303. ]}}