What is Article 301?

By Ritesh|Updated : September 6th, 2022

The Indian Constitution's Article 301 addresses the freedom of trade, commerce, and sexual activity. It states that trade, business, and intercourse shall be unfettered throughout the territory of India, subject to the other requirements of this Part.

Article 301 - 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).

  • In contrast, Part XIII's Article 301 permits 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).
  • This limitation of Article 19 is therefore addressed by Article 301, which grants citizens and non-citizens the right to petition the court if their rights have been violated.
  • With the passage of the 44th Constitutional Amendment in 1978, property right was no longer a fundamental right.
  • Under Article 300-A, it became a constitutionally protected right.
  • To take away a person's private property, the state must adhere to legal procedure and power to take away a person's personal property, as per Article 300-A.

Summary:

What is Article 301?

The freedom of trade, commerce, and sexual behaviour 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.

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