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
same result as the combined
operation of article 286 clause (1) (a) explanation, clause
(2) and article 304 as they were interpreted by the majority
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
ground that it
violated Article 391 and was not saved by Article 304(b).
By a majority of 4 to 1, this Court upheld ... clauses of Article 304 operates
as a proviso to Articles 301 and 303. Article 304(a) places
goods imported from sister-states
made in
relation to Article 301. There is also no violation of
Article 301 if the case fails under Article 304(b) and its
proviso ... Therefore, there is no violation of Article 30 1 if the case
falls under Article 304(b) and its proviso. In Kalyani
Stores
dated March 31, 1984 is discriminatory and violative of
Article 14 and Article 304 (a) of the Constitution inasmuch
as thereunder the burden of sales ... purchaser CAN'T
invalidate the same as falling under Article 14 or Article
304 inasmuch as it is open to a dealer
Article 304(b)
read with Article 255 of the Constitution, as contended by
the learned Additional Solicitor General. Article 304 and
Article 255 read ... restriction
imposed a well-settled proposition under Article 19 and
which proposition is equally relevant under Article 304(b).]
We are inclined to agree with
therefore, outside the purview of Article
301. Once outside the purview of Article 301 , it was held,
Article 304 was also not attracted. The propositions ... little help to the respondent-State. Article 14
speaks of equality; Article 301 speaks of freedom and
Article 304(a) speaks of uniform taxation
further insulated
itself by creating tariff walls, therefore, impinging article 301 and
article 304(a) of the Constitution of India. He would therefore make ... into the State
of Bihar and would therefore violate article 301 read with article 304(a)
of the Constitution of India.
44. The above decision
President in view
of article 255.
(6) The guarantee in article 301 and the saving in
article 304(b) being in respect of both inter ... required in the public interest. Perusal of article 302
and article 304 shows that while Parliament can impose
restrictions on the freedom of trade, commerce
