prior approval of the President of India under the Proviso to Article 304(b) of the Constitution.;
(v) Challenge on the ground of Articles ... therein Act, 1993 does not satisfy the requirement under Articles 301 read with Article 304(b). of the Constitution and Section 3 of the said
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
Welfare Fund Act, not for the purpose of Articles 254 , but for the purpose of Article 304(b) of the Constitution. Contesting respondents also pointed ... assent under Article 254(2) of the Constitution of India and also highlighted the necessity of getting the Presidential assent under Article 304
Article 301 of the Constitution, unless it could be said that that restriction is a reasonable restriction which alone is permissible under Article 304 ... enacted entirely in accordance with Clause (5) of Article 19 and the provisions of Article 304(b) , does not expose itself to the criticism that
Waterways) Act, 1954 on ground that it violated Article 301 and was not saved by Article 304(b). By a majority ... restrictions contemplated in Article 301 and that such measures need not comply with the requirement of the provisions of Article 304(b) of the Constitution
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 ... that the contrast,
between 'freedom' ( Article 301 ) and 'restrictions' ( Articles 302 and 304 )
clearly appears; that which in reality facilitates trade
assent of the President, the impugned provisions will be hit by Article 304(5) of the Constitution of India, It is contended that since ... absence of the previous sanction of the President under Article 304 even assuming the restrictions are reasonable, in terms of Article
immediately restrict trade that fall within the purview of article 301. By article 304(a) and (b), the freedom of inter-State trade and commerce ... country.
Thus, the tax does not violate article 301 , it satisfies the requirement of article 304(a) and (b) both. It is a common ground
immediately restrict trade that fall within the purview of Article 301. By Article 304(a) and (b), the freedom of inter-State trade and commerce ... country.
Thus, the tax does not violate Article 301 , it satisfies the requirement of Article 304 (a) and (b) both. It is a common ground
guaranteed to all citizens under Article
19(1)(d) and Article 301 of the Constitution of India. Under
Article 304(b) , the legislature ... restrictions contemplated by Article 301 and such measures need
not comply with the requirements of the proviso to Article 304 (b)
of the Constitution
