Freedom of Trade, Commerce and Intercourse

The clauses of the Indian Constitution concerning freedom of trade, commerce, and intercourse were taken from the Australian Constitution. The Australian Constitution states that there should be freedom of trade, commerce, and intercourse, which can be carried out via ocean shipping or internal conveyance.

While India borrowed this clause, it also ensured that the free flow of products is allowed not only between states, but also within a single state. As a result, both inter-state and intra-state trade is permitted in India under the Indian Constitution.
Intercourse, trade, and commerce
According to Article 301 of the Indian Constitution, all trade, commerce, and interaction in the country should be free.
Trade involves the exchange of commodities and services between a buyer and a seller, as well as the transportation of such goods. The factor of products transmission, as well as that of men and animals, is more prominent in commerce. As a result, profit isn’t the most important consideration in business.

Article 301’s purpose
Article 301 of the Constitution was added to ensure that the nation’s unity is preserved by erasing geographical boundaries that exist throughout the country. Furthermore, it ensures the free flow of commodities throughout the country by removing any limits that may be imposed.

As a result, the primary goal of this provision is to instil in all Indians a sense of belonging to a single nation, which may be difficult to do if economic operations are hindered by several barriers, as they already are owing to regionalism and language barriers.

Commerce and taxation freedom are two important aspects of freedom of trade.
While Article 301’s goal is to allow for the free movement of products, this does not preclude the government from regulating some areas of trade. The state has the right to regulate trade, so if taxes are levied on goods, they do not automatically become a restriction on freedom of trade. There is a criterion that is used to determine whether or not a tax levied on goods is a violation of Article 301.

It is not possible to have complete freedom of trade, commerce, or intercourse.
Despite the fact that Article 301 states that trade, commerce, and intercourse shall be free across India, this freedom is not absolute. This means that limited limitations on this right can be placed without violating Article 301’s stipulations. Part XIII of the constitution mentions these constraints, and even Article 301 states that this freedom is subject to the provisions of this section..
Article 302 of the Indian Constitution gives Parliament the ability to put some limits on the free movement of products, but this power is subject to the provisions of Article 303.

Part XIII of the Indian Constitution contains provisions for freedom of trade, commerce, and intercourse in India. While trade freedom exists, it is not absolute in nature, and various constraints can be imposed on it. As a result of these provisions, the freedom of trade, commerce, and intercourse is granted Constitutional standing, which is important to ensure that geographical barriers and arbitrary limitations on the free flow of trade can be overcome.