What is the Article 301?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 301 in the Constitution of India addresses the freedom of trade, sexual activity, and commerce. It states that trade, business, and intercourse shall be unfettered throughout the territory of India, subject to the other requirements of this Part. The Draft Constitution of 1948 did not contain Draft Article 274A (Article 301, Constitution of India 1950). Discussion of this Draft Article was postponed on June 15, 1949, and finally took place on September 8, 1949.

Article 301 in the Constitution of India

The right to engage in any occupation, trade, or business in the public good is guaranteed by Part III Article 19(1)(g). Furthermore, Article 301 is an important part of the constitution as it sheds light on three different aspects such as trade, commerce, and intercourse.

  • In contrast, Part XIII’s Article 301 permits the free movement of commerce within the nation.
  • Anyone may exercise their constitutionally protected right under Article 301.
  • Only citizens may assert the fundamental right under Article 19(1)(g).
  • Article 301, which gives citizens and non-citizens the right to petition the court if their rights have been violated, thus addresses this restriction of Article 19.
  • Property rights were no longer considered to be fundamental freedoms after the 44th Constitutional Amendment was ratified in 1978.
  • It gained constitutional protection under Article 300-A.
  • According to Article 300-A, the state must follow the legal process and be able to take away a person’s personal property.


What is Article 301?

The freedom of trade, commerce, and sexual behavior are addressed under Article 301 of the Indian Constitution. It stipulates that subject to the other conditions of this Part, trading, marketing, and intercourse shall be unrestricted throughout the territory of India. Article 301 is closely related to Part III Article 19(1)(g) and addresses the restrictions in the latter.

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