Court : Allahabad
Reported in : AIR1991All369
..... the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest but a bill for this purpose has to be introduced or moved in the legislature only with the previous sanction of the president. art. 305, of course, saves the existing laws providing for state monopoly ..... of india the right 'to practice any profession, or to carry on any occupation, trade or business'. clause (6) of art. 19, however, empowers the state to impose reasonable restrictions on the said right in the interest of general public. in particular the clause declares that 'nothing in the said sub-clause shall affect the operation of any existing law ..... trade, commerce and intercourse throughout the territory of india free. the declaration is couched in the widest terms and applies to all forms of trade, commerce and intercourse. it is subject to certain restrictions contained in the same chapter including arts. 304 and 305 of the constitution. article 304(b) empowers the state government to impose such reason-able restrictions on ..... arbitrary. it must he exercised in public interest. it would be sufficient if we refer the, following observation in ramana dayaram shetty v. the international airport authority of india, (air 1979 sc 1628) (supra):'the discretion of the government has been held to be not unlimited in that the government cannot give or withhold largess in its .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC232; 1SCR809
..... . 57. article 305 saves existing laws and laws providing for state monopolies. it is unnecessary to deal with this article. its object clearly was not to interrupt or to affect the operation of the existing laws except in so far as the president may by order otherwise direct. article 306 is relevant. it reads thus : "notwithstanding anything in the foregoing provisions of this part or in any other provisions of this constitution, any state specified ..... determined in this batch of cases is whether the impugned act infringes the provision of part xiii of the constitution, with particular reference art. 301. part xiii is headed "trade, commerce and intercourse within the territory of india". article 301, which is the opening article in this part is in very general terms, which are as under :- "subject to the other provisions of this ..... on the economy of the nation as a whole. the object of part xiii was to avoid such a possibility. free movement and exchange of goods throughout the territory of india is essential for the economy of the nation and for sustaining and improving licensing standards of the country. the provision contained in art. 301 guaranteeing the freedom of trade, commerce .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC820; 1989(2)SCALE1483; (1990)3SCC87; Supp2SCR731; 77STC82(SC); 1990(1)LC482(SC)
..... . article 305 saves certain existing laws and laws providing for state monopolies.10. our attention was drawn to the decision of this court in atiabari tea co. ltd. v. state of assam : 1scr809 . there this court was concerned with the assam taxation (on goods carried by roads and inland waterways) act, 1954 which was passed under entry 56 of list ii of the 7th schedule to the constitution. ..... 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 ..... 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 304 deals with restrictions on trade, commerce and intercourse among states, which is as follows:-304. restrictions on trade, commerce and ..... that the petitioners sought to urge in this application.37. the next petition is w.p. no. 1124/88 computer graphics (p) ltd. and anr. v. union of india and ors. which challenges the concession given in favour of manufacturers in i).p. and goa. the same contentions were reiterated for the reasons discussed hereinbefore. we are unable to .....Tag this Judgment!
Court : Supreme Court of India
..... moved in the legislature of a state without the previous sanction of the president.305. saving of existing laws and laws providing for state monopolies. nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the president may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955, in ..... , in the submission of the state, saved by article 305 which stipulated that nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the president may by order otherwise direct. the constitution bench accepted the submission and held that there was no contravention of article 301. 222 in burmah shell oil storage and distribution co. india ltd. v. the belgium borough ..... are under consideration, narrow interpretative rules which may have relevance when legislative enactments are interpreted may be misplaced. originally the preamble to the constitution proclaimed the resolution of the people of india to constitute india into 'a sovereign democratic republic' and set forth 'justice, liberty, equality and fraternity', the very rights mentioned in the french declarations of the rights of man as our hopes .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1994(6)SC588; 1994(4)SCALE528; (1995)1SCC574; Supp4SCR477
..... provisions of article 305, so far as they protect existing laws and laws creating state monopolies. the provisions of the aforesaid articles, so far as they are relevant for our purpose, read together, therefore, make the position clear that the right conferred by article 19(g) is not absolute. it is subject to restrictions imposed by the other provisions of the constitution. those provisions are contained in articles 19[6 ..... exercise of the right as used in clause (2). it is reasonable to think that the makers of the constitution considered the word 'restriction' to be sufficiently wide to save laws 'inconsistent' with article 19(1), or 'taking away the rights' conferred by the article, provided this inconsistency or taking away was reasonable in the interests of the different matters mentioned in the clause. there can ..... regulation of a number of important industries, the activities of which affect the country as a whole and the development of which must be governed by economic factors of all india import. the development of the industries on sound and balanced lines is sought to be secured by the licensing of all new undertakings. hence the idr act confers on the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC1406; 1SCR491
..... gives his sanction. 162. article 305 saved existing laws to start with, and at the time of the passing of the constitution (fourth amendment) act, 1955, room was made for the operation of laws by which a state or a corporation owned or controlled by the state carries on any trade, business, industry or service whether as a monopoly or otherwise. article 305 does not apply to the ..... is most desirable.' 129. the commission also suggested that - 'the new constitution should provide an open door whereby, when it seems good to them, the ruling princes may enter on just and reasonable terms.' 130. the commission, therefore, recommended a federal constitution composed of british india and the indian states. they said : 'we are inclined ourselves to think that the easier ..... the province as against goods not so manufactured or produced and local discriminations. 142. when drafting the constitution of india, the constituent assembly being aware of the problems in various countries where freedom of trade, commerce and intercourse has been provided differently and also the way the courts of those countries have viewed the relative provisions, must have attempted ..... central provinces and berar act no. xiv of 1938  f.c.r. 18, this 'made the indian constitution act unique among federal constitutions in the length and details of its legislative lists.' the government of india act, 1935, provided by section 5 that his majesty was to declare by proclamation that as from a date to be appointed 'there .....Tag this Judgment!
Court : Kerala
Reported in : AIR1995Ker307
..... and distribution of goods subject to the provisions of entry 33 of list iii.' where the state legislature as well as the union legislature are competent to enact laws, a special procedure is contemplated under pat xiii. under article 305 there is a saving of existing laws and laws providing for state monopolies. under article 304 the proviso contemplates that no bill or amendment for the purpose of clause (b) shall ..... whether these provisions act as a fetter on the fundamental rights enshrined under article 19(1)(g) of the constitution of india, and whether the restrictions imposed under the act can be said to be reasonable restrictions, saved by article 19(6). 26. the decision of the supreme court in dwarka prasad v. state of u. p., air 1954 sc 224 : 1954 all lj ..... 6(ii) only gives protection for the state or a corporation owned or controlled by the state doing any monopoly business or trade to the exclusion of complete or partial of the citizens. he further contends that the act offends article 301 of the constitution which postulates that trade, commerce and intercourse throughout the territory of india shall be free. he contends that part ..... petitions are allowed. the various actions taken against the petitioners on the basis of the provisions of the act are hereby quashed. the act is declared as ultra vires the constitution of india. each party shall bear its own costs. advocate fee fixed at rs. 1,000/-. 42. before i part with this case, i would like to record my appreciation .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All257
..... so far as the president may by order otherwise provide. the motor vehicles act was at the time when the constitution came into existence an existing law. this provision i. e. article 305 completely saves it and the other impugned provisions except those indicated before. apart from this the other articles, not-ably article 304, empower the legislature of the state to impose restrictions on trade, commerce and intercourse ..... a right is that of a citizen of india the monopoly is prima facie void under the constitution, for such interference can only be justified if it constitutes a reasonable restriction, imposed by law in the interests of the general public, within the meaning of article 19(6).115. section 42 (1), motor vehicles act, provides that no owner of a transport vehicle shall ..... or things calculated to injure its citizens.'if we may respectfully say so, we agree with this observation. we may point out that in india certain public utility services are already the subject of state monopoly, for example railways, posts, telegraphs and telephones. it would, in our opinion, probably be going too far to say that in the circumstances of today ..... consideration.101. the motor vehicles act of 1939 was passed to consolidate and amend the law relating to motor vehicles in british india. it was an act devised for the regulation and control of motor traffic, and made no provision for the creation of any monopoly in the transport of passengers of goods. chapter 4 of the act deals with the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1968P&H391
..... , the act is attacked on the ground that it is violative of articles 19 (1) (f) and 19(1)(g) of the constitution. it is further assailed for its violation of articles 20 and 21 of the constitution. finally, it has been suggested that while the provisions of the act purport to seek state monopoly for cattle fairs, these cannot be pressed into service on account ..... punjab shall be exercisable by the state government, sub-section (2), which is assailed by him, says something which is outside the scope of monopoly which is the kernel and the subject-matter ol the impugned legislation. now, sub-section (2) says that:--'notwithstanding anything contained in any other law for the time being in force and save as provided by sub-section (1), it ..... of reasonableness, this provision being to this effect:--'19(5). nothing in sub-clauses (d), (e) and (f). . . shall affect the operation of any existing law in so far as it imposes or prevent the state from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general ..... right can be totally restricted under the provisions of clause (6). it is however, submitted by him on the basis of sakal papers (pvt.) ltd. v. union of india, air 1982 sc 305, that if some legislation curtails two freedoms, one of which can be abridged and the other not, the unabridgeable freedom remains intact. in the words of mr. justice mudholkar .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... as is the case with the state's power. article 305 saves existing laws and laws provided for state monopolies. article 306 has been repealed. under article 307 power has been conferred on the parliament to appoint by law such authority as it considers appropriate for carrying out the purposes of articles 301 to 304.42. it may be stated that article 19(1)(g) guarantees to a ..... throughout the territory of india while the remaining articles principally deal with restrictions which could be imposed either by parliamentary law or by state law ..... the said enactment and particularly sections 3 and 5 thereof contravene or violate the freedom of trade, commerce and intercourse throughout the territory of india guaranteed under article 301 of the constitution. mr. seervai and other counsel for the petitioners have pointed out that the owners of private forests grow forest produce, particularly trees and ..... ' to set out the provisions of that article which occurs in part xiii of the constitution as well as the scheme of that part in brief. part xiii which comprises articles 301 to 307 deals with the topic of 'trade, commerce and intercourse within the territory of india'. article 301 guarantees freedom of trade, commerce and intercourse .....Tag this Judgment!