that Section 5 of the Act is ultra vires Article 301 read with Article 304. We make it clear that in this particular case Article ... vires Article 301 Art 104(b) does not come into the validate in this case because Article 302 is not subject to Article 304
will then offend against Article 301 and will be valid only if it comes within the terms of Article 304(a).
Article 304(a) enables ... challenged as unconstitutional and infringing Article 301 of the Constitution and not saved by the provision in Article 304(a). This objection was upheld
similar goods manufactured and produced in Andhra Pradesh, thereby contravening Article 304(a) of the Constitution of India.
2. Section 2(c) of the Central ... skins. The Supreme Court struck down the rule as offending Article 304(a) of the Constitution. The Supreme Court noticed that while Clauses
there is also a difference between the power under Article 302 and those under Article 304.
e) The difference is that under Article ... discrimination decreed by Article 303(1) unless Parliament makes the declaration under Article 303(2) , the State power contained in Article 304(b) is made
used in Article 301 is
cut down only by the provisions of the other Articles of Part XIII
ending with Article 307. Article 301 emphatically ... other Articles in Part XIII. While examining the
other Articles of Part XIII, it was stated that the effect of Article
304
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
would not be, in any way,
violative of Article 301.
(2) Further, Article 304(b) empowers the State
legislature to impose reasonable restrictions on
freedom ... States within the
meaning of Article 301 of the Constitution. As is
manifest, Article 304 is an exception of Article 301 of the
Constitution
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
VIRES ARTICLES 14 , 19 & 21 OF THE CONSTITUTION OF INDIA &
ETC.
WRIT PETITION NOS.27715-27716/2016 ARE FILED UNDER
ARTICLES ... VIOLATIVE OF
ARTICLE 13 , 14 AND 19 OF THE CONSTITUTION OF INDIA AND
THAT IT IS NOT SAVED BY ARTICLE 304 OF THE CONSTITUTION
Entry of Goods Bill, 2000, in the State Legislature under Article 304 (B) of the Constitution of India."
Paragraph No.69. In our opinion ... given his previous sanction as required by the proviso the Article 304 (b) of the Constitution.
Paragraph no.107. Any amount collected under the said
