tested and upheld, quite independently of Article 301 under Article 304(b) of the Constitution and that part of the decision was left undisturbed ... words "Notwithstanding anything in Article 301 or Article 303...." It is well-settled that Article 304 of the Constitution is an exception
Part XIII of the Constitution of India, particularly Article 301 and the proviso to Article 304?
4. Are the provisions of Part ... plaintiffs is Article 304(b) and the proviso to that article. Article 304(b) enacts that the State Legislature may by law impose "such
country, which otherwise transgress the constitutional mandate under Article 301 , in terms of Article 304(b) of the Constitution, before enacting such ... Article 303(1) , while Article 303(1) prohibits making of law by giving preference or making discrimination between one State and another, Article 304
specified situation indicated in Article 303(2) of the Constitution.
(d) Each clause of Article 304 of the Constitution operates as a proviso ... there is also a difference between the powers under Article 302 and those under Article 304.
(e) The difference is that under Article
commerce contemplated by Article 301 of the Constitution; and unless it is established that the provisions of Article 304 (b) of the Constitution have been ... provisions of Article 301 , and its validity could be sustained only if it satisfied the requirements of Article 302 or Article 304.
It is necessary
contained under Articles 302 to 305. It is not necessary to refer to the other Articles of the said Part except Article 304 which empowers ... provisions of Article 301 , and its validity can be sustained only if it satisfies the requirements of Article 302 or Article 304 of Part XIII
unless it is authorised by a law as provided under Article 302 or Article 304 of the Constitution of India and passed in the public ... public interest, and if such tax levy contravenes Article 301 read with Article 304 of the Constitution of India, it must satisfy the condition
violative of
Article 301 of the Constitution. The Court, however, held that
the Act was nevertheless saved by virtue of Article 304 ... were bad, because of being violative of Article
304(a) of the Constitution and, further, that amendments had
been made without the previous sanction
violative of
Article 301 of the Constitution. The Court, however, held that
the Act was nevertheless saved by virtue of Article 304 ... were bad, because of being violative of Article
304(a) of the Constitution and, further, that amendments had
been made without the previous sanction
article unless the said law stands the test as provided under Article 302 in the case of law made by the Parliament and Article 304 ... provisions of Article 301 and its validity can be sustained only if it satisfies the requirements of Article 302 or Article 304 of Part XIII
