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Article 304 Of Indian Constitution In English
Article 304 – Restrictions on trade, commerce and intercourse among States.
Notwithstanding anything in Article 301 or Article 303, the Legislature of a State may by law.
(a) impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purposes of clause shall be introduced or moved in the Legislature of a State without the previous sanction of the President.
Article 304 In English
304 Article – Prohibition on trade, commerce and intercourse between states.
Notwithstanding anything contained in Article 301 or Article 303, the Legislature of a State may do so by law.
(a) impose any tax on goods imported from other States or Union territories having similar goods manufactured or produced in that State, however, discrimination between goods so imported and goods so manufactured or produced do do not; And
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be necessary in the public interest: Provided that for the purposes of clause no bill or amendment shall be introduced or introduced in a legislature A state without the prior approval of the President.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 304 Of Indian Constitution?
In Article 304 you see “Restrictions on trade, commerce and intercourse among States” that means Notwithstanding anything in Article 301 or Article 303, the Legislature of a State may by law.
(a) impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject, more above.
Article 304 Debate Summary
Article 274D (Article 304 of the Constitution of India 1950) was not included in the Draft Constitution, 1948. The Chairman of the Drafting Committee introduced this draft article along with other articles under Part XA on 8 September 1949. The draft Article empowered the State Government to impose restrictions on the freedom of trade, commerce and intercourse.
Some members argued that the rights to trade, commerce and intercourse should be ‘absolute’, and curtailed only in situations of shortage or national emergency. He felt that the idea of unity would be defeated if the central government made general policies for the whole country, while the state governments could make specific rules giving preference to the people of their respective states. Some members also stated that the Article was in violation of other rights provided by the Constitution, including: the right to move freely throughout India, the right to move and/or settle in any part of India, the right of property The right to acquire and hold any trade or profession in any part of India and to practice any profession or to carry on any trade or business in any part of India.
Criticisms of the draft article were rejected on the grounds that trade and commerce could not be completely free and that some direction by the government was needed. One member argued that the State Governments could be given a fair amount of power to restrict trade and commerce. He felt that the ultimate power to formulate uniform national policies would rest with the Parliament and the state governments could not go against them. In addition, the Article had a safeguard in the form of mandatory consent of the President.
The proposed new Part XA, and draft Article 274D were adopted by the Assembly on the same day. The article was amended by the Constitution (Seventh Amendment) Act 1956, which added union territories to 304(a).
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