Bihar actually took
place in the course of inter-State trade or commerce.
Parliament not having by law otherwise provided, no State
law could, therefore ... sales or purchases
take place in the course of inter-State trade or commerce
and the majority decision in The State of Bombay
liquor trade. On the contrary, numerous judgments expressly
hold these Articles to be inapplicable to trade, commerce and intercourse
in liquor. We can beneficially refer ... trade as well. In other words, subject to the provisions of
Part XIII, no restrictions can be imposed upon the flow of trade, commerce
Article 47.
16. Article 301 reads as:
"301. Freedom of trade, commerce and intercourse.-Subject
to the other provisions of this part, trade, commerce ... right given by this article to freely carry on trade,
commerce and intercourse throughout the territory of India
is undisputedly subject to the same restrictions
ensatory or regulatory taxes which did not hinder the
freedom of trade, commerce and intercourse assured by that
Article. Such taxes, therefore, were legal ... measures
imposing compensatory taxes for the use of trading
facilities did not hamper trade, commerce and intercourse
but rather facilitated them and, therefore, were
Published outside
the State--Validity-Test-Territorial nexus--Gambling, if
trade and commerce within the meaning of the
Constitution--Constitutionality of enactment--Bombay
Lotteries ... Constitution inasmuch as it imposed restrictions on trade,
commerce and intercourse between the States and was not
saved by Art. 304 (b) of the Constitution
right to carry on trade or business guaranteed
under Article 19(1)(g) or on the freedom of trade, commerce
and intercourse under Article ... rights of
freedom of trade under Article 19(1)(g) and the freedom of
inter-State trade and commerce under Article 301 as against
designed or which has the
effect of disrupting trade movement in inter-State
trade and commerce between States is contrary to
the concept of freedom ... hinders free flow of trade
throughout India and, therefore, it is in the interest
of trade and commerce that backward areas should
be developed
Part XIII of the
Constitution read thus:
"301. Freedom of trade, commerce and
intercourse-Subject to the other provisions of
this Part, trade, commerce ... territory of India shall be
free"
"304. Restrictions on trade, commerce
and intercourse among States--Notwithstanding
anything in article 30 1 or article
Amendment
Act, 1982 --Object and effect of.
Article 301-- Freedom of Trade Commerce and Intercourse
Bombay Sales Tax Act, 1959 Section 13-AA (As inserted ... restrictions or impediments which
directly or immediately impede free flow of trade, commerce
and intercourse fail within the prohibition imposed by
Article
Dominion Legislature and the Provincial
Legislatures and agriculture (Entry No. 20), trade and
commerce within the Province (Entry No. 27) and production,
supply and distribution ... make laws with respect to the following matters:
"(a) trade and commerce (whether or not within
402
a Province) in, and the production, supply
