🧾 Article 302 of the Indian Constitution
Title: Power of Parliament to impose restrictions on trade, commerce and intercourse
🔍 Explanation:
While Article 301 guarantees freedom of trade and commerce, Article 302 provides a reasonable limitation to that freedom.
It empowers the Parliament of India to:
"Impose restrictions on the freedom of trade, commerce and intercourse between states or within a state, if it is in the public interest."
📘 Key Features of Article 302:
| Feature | Details |
|---|---|
| Authority | Parliament of India only |
| Scope | Restrictions can apply inter-state (between states) or intra-state (within a state) |
| Purpose | Must be for the public interest (e.g. security, environment, equity, national development) |
| Limitations | Cannot be arbitrary or discriminatory (Article 303 protects against this) |
| Judicial Review? | ✅ Yes – courts can check if the restriction is really in the public interest |
⚖️ Example Situations Under Article 302:
-
Parliament imposes a temporary ban on the movement of agricultural produce across states to stabilize prices during a drought.
-
Restriction on inter-state sale of explosives or hazardous chemicals for security reasons.
-
Imposing restrictions on export of iron ore for conservation and national interest.
🧠 Why Article 302 Is Important:
-
Ensures national-level control over critical goods and trade flow.
-
Balances freedom (Article 301) with public safety and welfare.
-
Gives Parliament flexibility to act in times of emergency, crisis, or environmental concern.
🟩 Comparison Snapshot
| Article | Power Given To | Main Provision | Purpose |
|---|---|---|---|
| 301 | All citizens (freedom) | Freedom of trade and commerce across India | National economic unity |
| 302 | Parliament only | Can restrict trade if needed in public interest | National protection/fairness |
Here is a well-structured 📊 Comparison Chart of Articles 301 to 305 of the Indian Constitution, covering Trade, Commerce, and Restrictions:
📘 Chart: Articles 301 to 305 – Trade, Commerce & Intercourse
| Article | Title | Main Focus | Who Can Act? | Conditions / Exceptions |
|---|---|---|---|---|
| 301 | Freedom of trade, commerce and intercourse | Ensures free trade and movement of goods, services, and people throughout India | — | Subject to Articles 302–305 |
| 302 | Power of Parliament to impose restrictions | Parliament may impose reasonable restrictions on trade and commerce in public interest | Parliament | Must be for national welfare, environment, public safety, etc. |
| 303 | Restrictions not to be discriminatory | Prohibits Parliament from making discriminatory trade laws between states | Parliament | Exception: Allowed during scarcity of goods |
| 304(a) | State laws not to discriminate | States cannot discriminate against goods from other states | State Legislatures | Ensures equal trade treatment across India |
| 304(b) | Power of States to impose reasonable restrictions | States can impose reasonable restrictions on inter-state trade in public interest | State Legislatures + President | Must get President’s assent before passing such law |
| 305 | Saving of existing laws and State monopolies | Protects existing trade laws and permits government monopolies in public interest | Parliament / States | Example: Liquor, transport, mining monopolies by State governments |
🔁 Visual Summary Flow:
[ Article 301 ]
⬇️
⬅️ [ Article 302 ] – Parliament may restrict for public interest
⬅️ [ Article 303 ] – No discrimination between states (with exception)
⬅️ [ Article 304 ] – States may restrict with conditions
⬅️ [ Article 305 ] – Allows existing laws and government monopolies
🧠 Exam-Ready Insights:
-
Article 301 gives freedom
-
Article 302–305 provide exceptions, protections, and controls
-
Aim: To balance economic unity with local/state/national interests
Follow Us