ANALYSIS OF FREEDOM OF TRADE AND COMMERCE IN INDIA UNDER THE INDIAN CONSTITUTION
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Abstract
Part XIII of the Indian Constitution, discusses in detail about trade, commerce and intercourse within the territory of India. Trade, commerce and intercourse may be domestic or foreign or international. Articles 301 to 305 discuss the freedom of trade and commerce throughout the territory of India. There are two major types of trade and commerce governed in India: 1. Inter-state: trade and commerce confined within the country, i.e. it extends to two or more states as well; and 2. Intra-state: trade and commerce confined within the territory of the specific state. Creation of trade barriers affect economic growth of the country and the same is against the national interest of the country. The free flow of trade, commerce and intercourse within a federal country has a two-tier polity which is helpful in the economic growth, stability and development of the country. Every country has its own laws pertaining to trade and commerce in the country. In India, this freedom is not absolute, but is subject to restrictions which are necessary and required to maintain the public interest of the people within the territory of India. Hence, the legitimate regulatory measures restricting the trade and commerce are not considered as restrictions to ‘free trade and commerce’. Thus, the courts have interpreted the term businesses and other activities such as gambling, illegal trade, etc. as not being a part of this Article.
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