AIR 1954 TRAVANCORE-COCHIN 34

Travancore-cochin High Court

Hon'ble Judge(s): Sankaran, Kumara Pillai , JJ

(A) Constitution of India , Art.304(b), Art.301— Scope. There is no warrant for construing the expression "trade, commerce or intercourse within the territory of India", in the heading to Part 13, as being restricted to trade, commerce or intercourse between one State and another within the Indian Union. The expression is comprehensive enough to bring within its ambit trade, commerce or intercourse between such States as also trade, commerce or intercourse between different places within any one State alone. In other words, the freedom of trade, commerce or intercourse referred to in Art. 301 covers freedom of inter-State trade, commerce or intercourse as well as freedom of intra-State trade, commerce or intercourse. Hence, a state legislation imposing reasonable restrictions on the freedom of trade within the State itself also is controlled by the proviso to clause (b) of Art. 304.(Para 3) (B) Constitution of India , Art.246(3), Art.304(b) Proviso— Scope - Validity of S.3, T. C. Public Safety Measures Act. Travancore-Cochin Public Safety Measures Act (5 of 1950) , S.3— Travancore-Cochin Paddy (Acquisition and Movement) Control Order (1950) , — Tested in the light of its pith and substance or its true nature and character the s....