Constitution Section 305 — Saving of existing laws and laws providing for State monopolies

Part XIII — TRADE, COMMERCE AND INTERCOURSE WITHIN THE — TERRITORY OF INDIA

Constitutional

Summary

This section protects existing laws from being challenged under the freedom of trade and commerce provisions, unless the President orders otherwise. It also allows Parliament or a State Legislature to make laws about matters listed in a specific part of Article 19, even if those laws might restrict trade or commerce.

Official Text

Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.