Article 302 in Constitution of India
302. Power of Parliament to impose restrictions on trade, commerce and intercourse
Parliament may by law impose such restrictions
Article 301 per se constitutes limitation on the
power of the State. Article 301 is, however,
subject to the other provisions of Articles 302 ... scheme of
Articles 301 to 304 shows that Article 304 relates to
the State Legislature while Article 302 relates to the
Parliament in the matter
Article 303 in Constitution of India
303. Restrictions on the legislative powers of the Union ... States with regard to trade and commerce
(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power
contained in
Article 303(1) , because the opening words of Article 304
contain a non-obstante clause both to Article 301and
Article 303. The second ... subject to' and 'notwithstanding' in the
articles in question. Article 302 , as we have seen, makes
a relaxation in favour of Parliament
freedom envisaged in Article
301 is subject to non-discriminatory restrictions
imposed by Parliament in public interest (Article
302); (4) even discriminatory or preferential
legislation ... Article 303(1) , because
the open ing words of Article 304 contain a non
obstante clause both to Article 30 1 and Article
K.R. Erry And Anr. vs State Of Punjab Through Chief Secretary ... on 25 October
Order violates the provisions of Article 391 of the Constitution of India and is not saved either by Article 302 or any other provision ... here that the contrast between freedom ( Article 331 ) and restrictions ( Articles 302 and 304 ) clearly appears: that which in reality facilities trade and commerce
cannot, therefore, be read into the Article, Further, Article 304 deals with State Legislatures while Article 302 deals with Parliament. As pointed out by Gajendragadkar ... concerned with sub-Article (2).
(26) The argument of Mr. Sen regarding Article 303(1) was that if Article 302 includes a restriction on trade
purview of Article 301 and need not comply with the requirements of the proviso to Article 304 (b). The net effect of the decision ... trade envisaged by Article 301 , for being constitutionally valid, has to fall within one of the exception laid down under Article 302 to Article
that the generality of freedom guaranteed by Article 301 is subject to the exception provided by Article 302."
8. Referring to Article 303 , which ... freedom guaranteed by Article 301 , in other words Article 304(a) is another exception to Article 301. Article 304(b) empowers, the State Legislature