ROLE OF JUDICIARY IN REVAMPING THE CONCEPT OF FREEDOM OF TRADE, COMMERCE AND INTERCOURSE

Best Citation – Manik Tindwani & Anupam Singh Sengar, ROLE OF JUDICIARY IN REVAMPING THE CONCEPT OF FREEDOM OF TRADE, COMMERCE AND INTERCOURSE, 3 IJLR 1, 2022.

ABSTRACT

Freedom of trade in any federation is equitable to another medal of valour on its personage for its courage to combat the war against poverty, illiteracy, inadequacy and imbalanced economic organisation. This study attempts to make an honest and in-depth endeavour about the judicial trend of the term “freedom of trade, commerce and intercourse” and the coextensively regulatory powers of Parliament and States on freedom of trade as prevalent under the Constitution of India as well as the different statutory provisions which are the outcomes of this constitutional provision. Even if the focus of this research is only on Part XIII of the Indian Constitution, it would be beneficial to look at other laws that have anything to do with commercial freedom. This raises the issue of analysing the link between Part XIII’s trade-related laws and other portions of the Constitution including, inter alia, the Fundamental Rights, the Directive Principles, the powers of the Parliament and States, and their taxation authority, among others. However, as is seen from the arguments held on the Chapter previous to its introduction, this Part has often been condemned as being the Constitution’s most loosely constructed Part. In interpreting the language of this part, the Courts have created certain uncertainties. An attempt is made in this study to provide a simple analysis of Part XIII and resolve these uncertainties. The judicial developments are the heart and spirit of this study which helps in the interpretation of the constitutional provisions with much precision. Throughout the course of the investigation, specific issues and matters are humbly sought to be highlighted by way of suggestions and recommendations in order to uphold the constitutional spirit by properly protecting the provision of the Constitution from the unwarranted, whimsical, arbitrary, unbridled, and excessive dilution through way of interpretation, amendment, or other legislative measures.

KeyWords: Trade, Commerce, Intercourse, Constitution of India, Chapter XIII, Article 301, Article 19(1)(g), Freedom of Trade, Judiciary.