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Freedom of Trade and Commerce under the Indian Constitution

By Trimbak K. Tope

Published In

Air 1962

A federal Constitution presents the problem of inter-State relations. Such relations particularly in the sphere of threads and commerce have attained great constitutional significance in all economically developed countries. The Indian Constitution may not be strictly federal like the Constitution of the United States of America; however, it does not mean that the problem of inter-State trade and commerce is absent in India. The judiciary was called upon to tackle this problem on occasions more than one, and the latest pronouncement of the Supreme Court of India is enshrined in Atiabari Tea Co. Ltd., v. State of Assam 1. The provisions of the Constitution relating to trade and commerce are included in Arts. 19(1) (g) and 19 (6), and in Arts. 301 to 306. These provisions of the Constitution evoked caustic remarks from Jennings who observed as follows : “The new generation of Australian lawyers would like to get rid of S. 92 of th ....

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