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45. The first germ plasma for Article 301 was located in what was
introduced as Clause 13 in the draft submitted by the Sub-Committee
on fundamental rights comprising Mr. K.M. Munshi, Sir Alladi
Krishnaswami Ayyar and Sir B.N. Rau amongst others. The clause was in
the following words:
“Subject to regulation by the law of the Union, trade,
commerce and intercourse among the units, whether by
means of internal carriage or by ocean navigation, shall be
free:
Provided that any unit may by law impose reasonable
restrictions thereon in the interest of public order, morality or
health.”
From the note of Sir B.N. Rau it is evident that the first part of clause 13
(supra) was adopted from Section 92 of the Australian Constitution
while the proviso at the end of the clause was new.
46. Sir Alladi Krishnaswami Ayyar in the Draft Report of 10th, 14th and
15th April, 1947 in relation to Clause 13 suggested that it must be made
clear that:
“(1) goods from other parts of India than in the units’
concerned coming into the units cannot escape duties
and taxes to which the goods produced in the units in
themselves are subject.
(2) It must also be open to the unit in an emergency to
place restrictions on the rights declared by the clause.”
47. The above suggestions were accepted and it was modified and
incorporated as Clause 14 in the following words:
“14. (1) Subject to regulation by the law of the Union
trade, commerce and intercourse among the units by and
between the citizens shall be free:
Provided that any unit may by law impose reasonable
restrictions in the interest of public order, morality or health
or in an emergency:
Provided that nothing in this section shall prevent any unit
from imposing on goods imported from other units the
same duties and taxes to which the goods produced in the
unit are subject:
Provided further that no preference shall be given by any
regulation of commerce or revenue by a unit to one unit
over another.
[N.B. – A proviso will have to be added to meet the
difficulty pointed out in para 6 of our report.]
(2) Trade, commerce or intercourse within the territories of
the Union by or with any person other than the citizens shall
be regulated and controlled by the law of the Union.
48. The above clause then came up for consideration before the
Advisory Committee where an elaborate debate ensued. What is of
considerable importance is the statement of Sir Alladi Krishnaswami
Ayyar where he explained the purpose of enabling a State to impose
reasonable restriction in the interest of public order, morality, health or
in an emergency:
“Chairman: Then let us take up clause 14
C. Rajagopalachari: I Think we should add to 14 (1) that this
shall not be a bar to the imposition of taxes for genuine
purposes of revenue.
Many Members: That comes later on: “N.B. A proviso will
have to be added to meet the difficulty pointed out in para
6 of our report.”
C. Rajagopalachari: That is why I am adding it.
Alladi Krishnaswami Ayyar: “Subject to regulation by the
law of the Union, trade, commerce, and intercourse among
the units by and between the citizens shall be free.” That is
the general principle. Then come the exceptions,
“Provided that any unit may by law impose reasonable
restrictions in the interest of public order, morality or health
or in an emergency.” Suppose there is a general famine,
and people are starved, that is what is meant here to be
dealt with.
And then “Provided that nothing in this section shall prevent
any unit from imposing on goods imported from other units
the same duties and taxes to which the goods produced in
the unit are subject.” That is to say, we ought not to
differentiate; but at the same time, goods coming in should
not go scot-free; they should be subject to the same duty
as goods produced in the area.
And then “Provided further that no preference shall be
given by any regulation of commerce or revenue by a unit
to one unit over another.” Now, kindly read paragraph 6 of
the report, regarding adding a proviso.