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11.12. Freedom of Trade and Commerce
Australia | India |
There is a free trade clause under Section 92 of the Australian Constitution, which provides that “on the imposition of uniform duties of customs, trade, commerce and intercourse among the States whether by means of internal carriage or ocean navigation shall be absolutely free. | Article 301 containing the free trade clause in Indian constitution has been taken almost verbatim from section 92 of the Australian constitution |
The court considered that legislature should be given more powers than judiciary and all trade and commerce activities were subjected to reasonable restrictions, imposed by the State as mentioned in the constitution |