CiteTEXT
...free’. Having placed a general limitation on the exercise of legislative powers by Parliament and the State Legislatures, Article 302 relaxes that restriction in favour of Parliament by providing that...the public interest’. Having relaxed the restriction in respect of Parliament under Article 302, a restriction is put upon the relaxation by Article 303(1) to the effect that Parliament shall not have...sanction of the President. This provision appears to be the State analogue to the Union Parliament's authority defined by Article 302, in spite of the omission of the word ‘reasonable’ before the word...
...the effect of abridging or curtailing the freedom contemplated by Article 301; that Articles 302 and 304 restrict the powers of Parliament and the State Legislatures in the matter of legislation under...one State and another or within any part of the territory of India in public interest, contained in Article 302. The provisions of Article 303 further make it clear that the giving of preference to one...very accurately worded inasmuch as the non obstante clause, with which the Article opens, has reference only to Article 302, which empowers Parliament to impose by law restrictions on the freedom of...
....303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.—(1) Notwithstanding anything in Article 302, neither...limitations and conditions in Articles 302, 303 and 304 which are borrowed from the commerce clause under Article 1 of the US Constitution. Therefore, Part XIII is an amalgam of the United States and....Scope of Articles 301, 302 and 30432. Article 301 states that subject to the other provisions of Part XIII, trade, commerce and intercourse throughout India shall...
...anything in Article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making...Parliament and the State Legislatures, Article 302 relaxes that restriction in favour of Parliament by providing that that authority “may by law impose such restrictions on the freedom of trade...Article 302, a restriction is put upon the relaxation by Article 303(1) to the effect that Parliament shall not have the power to make any law giving any preference to any one State over another or...
..., 1950. Sections 41 and 76 are, therefore, laws within the meaning of Article 302 of the Constitution which empowers Parliament to impose such restrictions on the freedom of trade, commerce and...intercourse between one State and another or within any part of the territory of India, as may be required in the public interest. If Sections 41 and 76 are saved by Article 302, any rule made to carry out the...purposes of the said provisions or to elucidate the meaning and purport of the said provisions must equally be protected by Article 302, as held by this Court in...
...XIII of the Constitution declares that subject to the other provisions of this Part trade, commerce and intercourse throughout the territory of India shall be free. Under Article 302 Parliament may.... Article 303 reads:“(1) Notwithstanding anything in Article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving or authorising the...has not been shown how this form of legislation would be mere executive instruction and would not constitute law made by Parliament within the meaning of Article 302. No foundation was laid in the...
...)303. (1) Notwithstanding anything in Article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preferenc...envisaged in Article 301 is subject to non-discriminatory restrictions imposed by Parliament in public interest (Article 302); (4) even discriminatory or preferential legislation may be made by...’. Having placed a general limitation on the exercise of legislative powers by Parliament and the State Legislatures, Article 302 relaxes that restriction in favour of Parliament by providing that that...
...notification offended Article 301. Article 302 states that the State can impose restrictions on the freedom of trade, commerce or inter-course between one State and another or within any part of the territory of...India. It was said that the Defence of India Act is not a law made by Parliament, imposing restrictions as contemplated under Article 302. The Defence of India Act has been passed by Parliament. The...distribution and availability of any article or thing at fair prices, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution, use and consumption of...
...interest as contemplated by Article 302 of the Constitution. Under Article 302 of the Constitution Parliament may by law impose such restriction on the freedom of trade, commerce or intercourse between...public, for the control of production, supply and distribution of trade and commerce in certain commodities is, without doubt, such a law as contemplated by Article 302 of the Constitution. If the...O. Chinnappa Reddy, J.— In these petitions under Article 32 of the Constitution of India the petitioners seek to question the validity of the Rajasthan Wheat (Export Control...
...Constitution of India. It further held that the levy is neither regulatory nor compensatory. The Division Bench also held that the said provision is saved by Article 302 of the Constitution of India. Though...178 of the Act contravened Article 301, it is saved by Article 302 and the writ petition was dismissed. It is from the aforesaid judgment dated 15-9-1972, the petitioner has filed this civil appeal by...contravenes Article 301 of the Constitution, it is saved by Article 302 and there is no infirmity as alleged.4. It is only appropriate to quote Section 178 of the Act which is as...
...is whether the tax imposed in the present case is saved by the operation of the other provisions of Part XIII. Article 302 of the Constitution provides that Parliament may by law impose such...between one State Government and another. It is intended to declare trade, commerce and intercourse free between residents in one State and residents in another State. That is clear because Article 302 expressly....11. Article 303 provides, by the first clause:“Notwithstanding anything in Article 302, neither Parliament nor the legislature of a...
..."restrictions" in Article 302 and in Article 304(b) includes tax laws? Whether validity of a law impugned as violative of Article 301 should be judged only in the light of the test...in Article 301 is subject to non-discriminatory restrictions imposed by Parliament in public interest (Article 302); (4) even discriminatory or preferential legislation may be...
39. But the more difficult question is, what does the word
"restrictions" mean in Article 302? The dictionary meaning...
...by Parliament or the State Legislature. Clause (b) of Article 304 confers a power upon the State Legislature similar to that conferred upon Parliament by Article 302 subject to the following...differences:(a) While the power of Parliament under Article 302 is subject to the prohibition of preference and discrimination decreed by Article 303(1...302 is not subject to the requirement of reasonableness, the power of the State to impose restrictions under Article 304 is subject to the condition that they are reasonable...
...intercourse throughout the territory of India shall be free. Article 302 gave power to Parliament to impose general restrictions upon that freedom. But a restriction is put on this relaxation by.... Article 304(b) is the State analogue to Article 302, for it makes the State's power contained in Article 304(b) expressly free from the prohibition contained in Article 303(1) by reason of the opening...words of Article 304. Whereas in Article 302 the restrictions are not subject to the requirement of reasonableness, the restrictions under Article 304(b) are so subject. The word “free” in Article 301...
...the development of minerals”. The Act and the rules properly made thereunder are, therefore, outside the purview of Article 301. Even otherwise Article 302 which enables Parliament, by law, to impose..., 11th Edn., pp. 49-50). So, statutory rules made pursuant to the power entrusted by Parliament are law made by Parliament within the meaning of Article 302 of the Constitution. To hold otherwise would...submission was sought to be drawn from the language of Article 19(6)(ii) which provides that nothing in Article 19(1)(g) shall “prevent the State from making any law relating to” “the carrying on by the...
...on the exercise of legislative power, whether by the Parliament or the State Legislatures, Article 302 relaxes the restriction in favour of Parliament. In the present case, the Corporation Act was...enacted by the Parliament, and consequently Article 302 is attracted. The only requirement under Article 302 is that the law imposing a restriction on the freedom of trade, commerce or intercourse...justiciable, and in that sense Parliament is given the sole power to decide what restrictions can be imposed in public interest as authorised by Article 302.” In State of Madras v. Natrja...
..., however, provided in favour of Parliament by Article 302 which says that “Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another...or within any part of the territory of India as may be required in the public interest.”(emphasis supplied) The power conferred upon Parliament by Article 302 is, however, qualified by a rider...provided in clause (1) of Article 303 which says that the power conferred upon Parliament by Article 302 shall not, however, empower Parliament — or the legislature of a State — “to make any law giving, or...
...for in Article 302 of the Regulations. That article says that if the service has not been thoroughly satisfactory the authority sanctioning the pension should make such reduction in the amount as it...Article 302 of the Regulations his pension was liable to be reduced at Government's discretion. He had known that the charges were against him and what punishment was proposed to be inflicted upon him...Deokinandan Prasad v. State of Bihar. (1971) 2 SCC 330 It was a petition under Article 32 of the Constitution by which the petitioner maintained that denial of pension was an inf...
...power in order to secure that trade, commerce and intercourse in the territory of India shall be free. That general limitation is relaxed in favour of Parliament by Article 302 which provides...other provisions of Part 13. The Court then said that the exercise of the power to tax would normally be presumed to be in the public interest and as Parliament is competent under Article 302 to impose...Parliament in the public interest and is saved by Article 302.10. As already stated, Section 8(2)(b) deals with sale of goods other than declared goods and it is confined...
...source of revenue. It is violative of Article 302 of the Constitution. A reference was made to the case of State Of Madras v. N.K Nataraja...Mudaliar . AIR 1969 SC 147, (1968) 3 SCR 829 (SCR at pp. 852-53), a decision by the Constitution Bench, that burden under Article 302 to establish public interest is on the State..., 302 and 303 of the Constitution. Article 302 is an exception to Article 301 under which Parliament is permitted to impose such restriction on freedom of trade, commerce or intercourse between one...