The Centre-State Relation

Total Questions: 52

51. Freedom of inter-state trade and commerce has been regulated by the Indian Constitution under Article: [U.P.P.C.S. (Pre) 1999]

Correct Answer: (b) 301
Solution:Subject to the other provisions of part XIII as per Article 301 of the Constitution, trade, commerce, and intercourse throughout the territory of India shall be free.

Inter-state trade and commerce
1. Article 301 to 307 in Part 13 of the constitution deal with the trade, commerce and intercourse within the territory of India
2. Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free. The freedom afforded by this applies to between the states and also within the state
3. However, article 302-305 imposes some restrictions on the above. These restrictions are:

  • Restriction can be imposed by the Parliament to safeguard public interest. However, no discrimination can be made between states while imposing restrictions
  • Legislature of a state can impose reasonable restrictions on the freedom afforded by Art 301 to safeguard public interest. But, a bill for this purpose can only be introduced in the legislature
    with the prior recommendation of the president of India
  • Legislature of a state can impose tax on import of goods and services from other states in those cases where similar taxes are imposed by the state on their goods and services
  • Freedom under Art: 301 can be curtailed subject to nationalization laws. Both Parliament and state can make laws in this regard
  • Parliament has been authorized to appoint an appropriate authority for carrying out the purposes of the above provisions relating to Art 301

52. Article 300 of the Indian Constitution deals with [67th B.P.S.C. (Pre), 2022]

Correct Answer: (a) suits and proceedings
Solution:Article 300 of the Indian Constitution deals with the Suits and Proceedings of the Union Government. As per Article 300 suits and proceedings are defined –
  • The Governor of India may sue or be sued by the name of the Union and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
  • If at the commencement of this Constitution –
    (a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
    (b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.