Part XIII - Trade & Commerce • Article

Article 302 Simplified: Power of Parliament to impose restrictions on trade, commerce and intercourse

Article 302 gives Parliament the power to place limits on trade and commerce between states, or within a state, if it is necessary in the public interest.

Official Text

Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

Simple Meaning

Article 302 gives Parliament the power to place limits on trade and commerce between states, or within a state, if it is necessary in the public interest.

Explain Like Ten

If there is a big emergency—like not enough food in one place, or a dangerous disease spreading—the national government can stop or control the trade of certain items between states to protect the public.

Student Mode

Article 302 is a major exception to Article 301. It authorizes Parliament to enact laws restricting trade and commerce in the 'public interest.' However, these restrictions must be reasonable and must not discriminate between states (subject to the exception in Article 303(2) regarding food/goods scarcity).

Example

In times of severe food grain shortage, Parliament can pass a law to restrict the movement of wheat or rice from surplus states to other parts of India to ensure local food security. It can also restrict trade in hazardous chemicals or endangered wildlife in the public interest.

Key Takeaway

Parliament can restrict trade and commerce across India, but only if it is required in the public interest.

FAQs

Can Parliament ban the interstate trade of specific items?

Yes, if the ban is in the 'public interest' (e.g., banning trade in illicit liquor, drugs, or weapons).

Who decides if a trade restriction is in the public interest?

Parliament initiates the law, but the courts can review if the restriction is genuinely in the public interest.