Home The Constitution Part XIII Article 301

Art. 301 Part XIII: Trade, Commerce and Intercourse within India

Freedom of Trade, Commerce and Intercourse

Exact text — Constitution of India

Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

In Plain English

What this Article actually means

This Article treats India as a single, unified economic territory — trade, commerce and the movement of goods and people across state borders 'shall be free', a guarantee against states erecting internal barriers the way separate countries might impose tariffs on each other. It's subject to the rest of Part XIII, which carves out specific, limited situations where reasonable regulation is still allowed.

Why This Matters To You

How it shows up in everyday life

This is the constitutional foundation for why you can move goods from Maharashtra to Karnataka, or set up a business that operates across multiple states, without individual states being able to erect protectionist trade barriers against each other — an economic 'common market' guarantee built into the Constitution itself.

Landmark Cases

How courts have interpreted this Article

Atiabari Tea Co. Ltd. v. State of AssamAIR 1961 SC 232 — An early landmark holding that a tax directly and immediately restricting free movement of trade across a state border can violate Article 301, unless justified under the exceptions in Articles 302-304. Verify this case

Read alongside this one

Art. 304 — Restrictions a State Can Impose on Trade

Frequently Asked

Quick answers about Article 301

Does this mean states can never tax goods moving through them?

Not absolutely — reasonable, non-discriminatory taxes that don't directly impede trade movement are generally permissible; the key legal question is whether a tax or restriction operates as a genuine barrier to trade, not just any tax that touches goods in transit.

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The text above reproduces Article 301 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.