🧾 Article 305 of the Indian Constitution
Title: Saving of existing laws and laws providing for State monopolies
🔍 Explanation:
Article 305 is the last article in the series related to Trade, Commerce, and Intercourse (Articles 301–305). It serves as a protective clause, ensuring that:
-
Existing laws made before the Constitution came into force (1950) are not invalid just because they restrict trade.
-
The government (both Union and State) can create or continue monopolies in certain areas for the public interest.
📘 Text Summary:
Nothing in Articles 301 or 303 shall prevent the State or Parliament from making any law:
✅ To carry on any trade, business, industry, or service by the State or its corporations,
✅ Or to continue any existing law related to such matters.
📊 Summary Chart: Article 305
| Feature | Details |
|---|---|
| Article | 305 |
| Purpose | Allows existing laws and state-run monopolies |
| Protection Given To | - Pre-Constitution laws - Laws creating or continuing public monopolies |
| Overrides | Freedom given under Articles 301 and 303 |
| Examples of Use | - Liquor, mining, railways, electricity boards run by government |
| Who Can Use This Power? | Parliament or State Legislatures |
🧠 Key Concepts in Article 305:
| Concept | Meaning |
|---|---|
| Existing Laws | Laws passed before 1950 that may restrict trade |
| State Monopolies | Exclusive control of certain industries by the government |
| Public Interest | Justification for monopoly – like welfare, safety, national development |
⚖️ Example:
| Scenario | Valid Under Article 305? |
|---|---|
| A State continues its monopoly on liquor sales (e.g., Kerala Beverages Corporation) | ✅ Yes |
| An old British-era law restricting salt production is still in force | ✅ Yes (if public interest) |
| A new law gives exclusive rights to a State Mining Corporation for iron ore extraction | ✅ Yes |
📌 Conclusion:
-
Article 305 is a balancing provision:
While Articles 301–304 protect free trade, Article 305 allows exceptions for State control in public interest. -
It ensures the government can manage key sectors without violating trade freedom.
Follow Us