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
Presidential assent? Whether the
word "restrictions" in Article 302 and in Article 304(b) includes tax laws?
Whether validity of a law impugned ... test of non-discrimination? Does Article 303
circumscribe Article 301? Whether "internal goods" would come under
Article 304(b) and "external goods
goods different from rates of tax on
goods manufactured or produced, article 304 h d no
application. So long as the rate was the same ... Constitution was on the
Legislature of a State.
Sub-article (a) of article 304 of the Constitution
reads as follows :-
"304. Restrictions on trade
Article 304 of the Constitution is as follows:-
"304. Restrictions on trade,
commerce and intercourse among
States -- Notwithstanding anything
in article 301 or article ... will then offend against Article 301 and will
be valid only if it comes within the terms of Article
304(a). In the above case
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
Article 304 of the Constitution is as follows:
304. Restrictions on trade, commerce and intercourse among States-Notwithstanding anything in Article 301 or Article ... will then offend against Article 301 and will be valid only if it comes within the terms of Article 304(a). In the above case
regulatory
levy which has consistently been held on the touchstone of Article 304.
25. The conduct of the respondent/licensee in attempting to wriggle ... public interest and restrictions that
may validity be imposed under Article 304(b) are those which seek to
protect public health, safety, morals and property
