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
conferred by Clause (3) of Article 246 is not taken away by the proviso to Clause (b) of Article 304. This proviso has merely imposed ... Article 246 in the matter of enacting the particular law as contemplated by these clauses, should be exercised. Article 304 merely supplements, qualifies and controls
constitutional limitations on the State Legislature and such limitations would cover Article 304(a) as well. There under, the State Legislatures may, by law, impose ... presumed to have enacted something that would be violative of Article 304(a) ; and yet that would exactly be the position we are asked
XIII. Under Article 305 there is a saving of existing laws and laws providing for State monopolies. Under Article 304 the proviso contemplates that ... case, the impugned enactment violates Article 254 as well as Article 255. Sri Gervasis contends that under Article 304(b) previous consent has necessarily
compensatory taxation would be outside Article 301 and cannot, therefore, fall under Article 304 (b). If in the present case it had been urged before ... question of violation of Article 301 and therefore no necessity to satisfy Article 304 (b). It is not however possible to go any further than
petitioners in this writ petition raised the question based upon Article 301 and Article 304 (b) ), before the assessing authority and the main contention that ... certain decisions of the Supreme Court regarding the scope of Article 301 and Article 304 (b) of the Constitution. The learned counsel referred
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
seven
years were assailed being discriminatory and violative of Article 301 read
with Article 304(a) of the Constitution, inasmuch as it resulted in payment ... India and Others (2007) 6
SCC 624.
16. Article 301 read with Article 304(a) of the Constitution of India if
read in conjunction
submitted that Article 302
authorises the Parliament to make laws imposing such restrictions on
the freedom of trade, commerce or intercourse. Article 304 enables ... India. Article 304 of the
Constitution reads as follows:
"304. Restrictions on trade, commerce and intercourse
among StatesNotwithstanding anything in Article 301 or
Article
discrimination was not used in Article 14 as it has been
used in Article 16 , Article 303 and Article 304 ... provisos to those articles. But the position under
Article 14 is different. Equal protection claims under
that article are examined with the presumption that
