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What is Article 307 of indian constitution

 

🧾 Article 307 of the Indian Constitution

Title: Appointment of authority for carrying out the purposes of Articles 301 to 304


🔍 Explanation:

Article 307 empowers Parliament to appoint an authority to ensure that the objectives of Articles 301 to 304 (related to freedom and regulation of trade and commerce in India) are effectively carried out.


📘 Key Provision:

“Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of Articles 301 to 304, and confer on it such powers and duties as it thinks necessary.”


🧠 What It Means:

  • Articles 301–304 deal with:

    • Freedom of trade and commerce across India

    • Imposing restrictions in public interest

    • Avoiding discrimination between states

    • Allowing states to impose reasonable restrictions

  • Article 307 acts as a supporting mechanism, allowing for the creation of an enforcement or regulatory authority to:

    • Resolve inter-state trade disputes

    • Oversee compliance with trade freedom and restrictions

    • Provide administrative coordination across states


❗️Important Note:

➡️ No such authority has been established under Article 307 till now.
It remains a dormant (unused) provision in the Constitution, often referred to as a "dead letter."


📊 Summary Table: Article 307

Feature Details
Article Number 307
Purpose Ensure effective implementation of Articles 301 to 304
Who Can Act? Parliament
Action Allowed Appoint an authority with powers and duties by law
Status Never implemented (no such authority exists to date)

⚖️ Why Article 307 Was Introduced:

  • To monitor and regulate free trade across states

  • To resolve conflicts between Centre and States or among States

  • To provide a constitutional mechanism to safeguard economic unity


📌 Conclusion:

Article 307 gives Parliament the power to create a trade authority, but this has never been exercised. Instead, most such matters are now handled by:

  • The Finance Commission (Article 280)

  • GST Council

  • Judicial interventions (in case of trade disputes)


Here is a clear and comprehensive 📊 Comparison Chart of Articles 301 to 307 of the Indian Constitution – covering trade, commerce, restrictions, and administrative provisions:


🧾 Articles 301 to 307 – Trade, Commerce & Inter-State Regulation

Article Title Main Focus Authority Involved Special Notes
301 Freedom of trade, commerce and intercourse Guarantees freedom of movement and trade across India Forms the base of India’s economic unity
302 Parliament’s power to impose restrictions Parliament can impose reasonable restrictions in public interest Parliament National security, public health, environment, etc.
303(1) No discrimination between States Prohibits laws that give preference or discrimination between States Parliament & States Promotes economic equality across states
303(2) Exception for scarcity Allows Parliament to discriminate temporarily to handle scarcity of goods Parliament only Must be justified by shortage or crisis
304(a) State not to discriminate against goods from other States Prohibits states from favoring local goods over goods from other states State Legislatures Ensures fair competition
304(b) States can impose reasonable restrictions Allows states to impose restrictions in public interest with President's assent State Legislatures + President Assures constitutional control over state trade actions
305 Saving of existing laws and monopolies Protects existing laws and permits state monopolies in the public interest Parliament / State Example: Liquor monopolies, mining rights, etc.
306 (Repealed) Special financial arrangements Transition provision for financial deals with states like Assam ❌ Repealed in 1956 Removed after State Reorganisation
307 Appointment of authority to enforce Articles 301–304 Parliament can create an authority to oversee trade & commerce implementation Parliament ✅ Exists in Constitution but never implemented (considered a dead letter)

🧠 Key Takeaways:

  • 301–304 ensure freedom + structured restrictions

  • 305 preserves existing systems and monopolies

  • 306 is repealed

  • 307 allows creation of a regulatory authority, but unused