Article 304 in Constitution of India
304. Restrictions on trade, commerce and intercourse among States
Notwithstanding anything in article 301 or article 303, the Legislature
from section 22 of the
said Act, does not attract Article 301 and Article
304(a) of the Constitution. Learned counsel
submitted that section ... flows from the freedom of
trade and commerce guaranteed under Article 301.
Article 304 also confers upon the State Legislature
power to lift the limitations
Article 259. Article 264.-For Article 264, substitute- "264. Interpretation.-In this Part, ‘Finance Commission’ means a Finance Commission constituted under Article 280." Article ... clause (c). Article 283.-In clause (2), omit "or Rajpramukh". Article 291-Omit "(1)" and clause (2). Article 299.-In clause (1), omit
same result as the combined
operation of article 286 clause (1) (a) explanation, clause
(2) and article 304 as they were interpreted by the majority
Article 303(1) unless
Parliament makes the declaration contained in Article
303(2) , the State's power contained in Article 304(b) is
made ... relates to both. Article
304again begins with a non-obstante clause mentioning
both Article 301 and Article 303 , though Article 304
relates only
ground that it
violated Article 391 and was not saved by Article 304(b).
By a majority of 4 to 1, this Court upheld ... clauses of Article 304 operates
as a proviso to Articles 301 and 303. Article 304(a) places
goods imported from sister-states
made in
relation to Article 301. There is also no violation of
Article 301 if the case fails under Article 304(b) and its
proviso ... Therefore, there is no violation of Article 30 1 if the case
falls under Article 304(b) and its proviso. In Kalyani
Stores
power of the State. Article 301 is, however, subject to the other provisions of Articles 302 , 303 and 304. It states that subject to other ... flows from the freedom of trade and commerce guaranteed under Article 301. Article 304 also confers upon the State Legislature power to lift the limitations
freedom of trade and commerce guaranteed by article 301, but left the question undecided. Clause (6) of article 19 was amended by the Constitution (First ... being "in the public interest" under article 301 or as amounting to a "reasonable restriction" under article 304(b). It is considered that any such
dated March 31, 1984 is discriminatory and violative of
Article 14 and Article 304 (a) of the Constitution inasmuch
as thereunder the burden of sales ... purchaser CAN'T
invalidate the same as falling under Article 14 or Article
304 inasmuch as it is open to a dealer