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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

 

Advantages of this adoption