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Article 303 Of Indian Constitution In English
Article 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 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, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause ( 1 ) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.
Article 303 In English
303 Article – Restrictions on the legislative powers of the Union and of the States in relation to trade and commerce.
(1) Notwithstanding anything contained in article 302, neither Parliament nor the Legislature of any State shall have power to make any law to give preference to, or to make, or to make or authorize one State over another . Discrimination between one State and another on the ground of any entry relating to trade and commerce in any list of the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law, or giving or making any preference, or authorizing it to do any discrimination, if it is declared by law to be necessary so to do. Therefore, for the purpose of dealing with the situation arising out of shortage of goods in any part of the territory of India.
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What Is Article 303 Of Indian Constitution?
Article 303 Debate Summary
The draft Article 274C (Article 303, Constitution of India 1950) was not included in the Draft Constitution, 1948. The draft article was discussed on 8 September 1949. It prohibited Parliament and state legislatures from making laws on trade and commerce that discriminate against or give rise to. Preference to one or more states. However, it empowered the Parliament to make laws, if necessary, to address the issue of shortage of goods in an area.
One member felt that the power of the Parliament to make laws to address the shortage of goods should be confined to temporary emergency situations and applied only during the period of emergency. He wanted the power of the Parliament to be limited to prevent abuse of power affecting the general public.
Another member proposed changing the draft article to prohibit only state legislatures from making laws on trade and commerce that discriminate against or give preference to one or more states without the permission of Parliament. He also proposed to allow state legislatures with the prior approval of Parliament to impose reasonable restrictions on trade and commerce with or within that state on grounds of public interest.
Both these amendments were rejected by the House and the draft article was adopted on the same day. After substantial debate, the draft Article 274C was adopted on 8 September 1949.
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