Parliamentary Power to Restrict Interstate Commerce in the Public Interest
Official heading: “Power of Parliament to impose restrictions on trade, commerce and intercourse”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XIII, Article 302, printed page 171
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- Not yet checked
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1. In One Sentence
Empowers Parliament to enact laws imposing restrictions on interstate or intrastate trade and commerce if required in the public interest.
2. What It Means in Everyday Language
While Article 301 declares trade free throughout India, Article 302 gives Parliament the power to impose restrictions in the public interest.
Parliament can regulate supply chains, movement of essential commodities, or consumer protection across state lines.
Parliament’s power under Article 302 is subject to the anti-discrimination rule in Article 303, except in cases of acute national scarcity.
3. Practical Illustrative Example
Parliament passes the Essential Commodities Act regulating interstate transport of petroleum and fertilizers to prevent black-marketing.
4. Important Limits, Qualifications & Exceptions
Article 302 balances commercial freedom with national public interest imperatives.
- Plenary Parliamentary authority: Only Parliament—not State Legislatures—derives regulatory power directly under Article 302.
- Public interest standard: The statutory restriction must demonstrably serve the general public interest.
- Subject to Article 303: Parliament cannot practice regional favoritism or trade discrimination between States.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XIII, Article 302, printed page 171 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.
