Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.

Debate Summary

Draft Article 274E (Article 307 of the Constitution of India 1950) was not included in the Draft Constitution 1948. It was introduced by the Drafting Committee Chairman on 8 September 1949, as a part of a series of Articles under Part XA which dealt with provisions on trade and commerce in India. Draft Article 274E empowered the Parliament to appoint an authority to enforce the provisions of Part XA.

 

Various Articles under Part XA were contentious because they restricted freedom of trade and commerce initially guaranteed under Draft Article 16 and therefore an authority to enforce the same were not accepted by all members. A Members argued that Article 274E should be deleted in its entirety.

 

Another Member instead proposed the addition of a provision after this Draft Article - which stated that any individual could approach the Supreme Court for the enforcement of their right to conduct trade or commerce. 

 

These suggestions were made to prevent Parliament or State Legislatures from making laws that were inconsistent with freedom of movement under Draft Article 13 (Article 19 of Constitution of India 1950) or freedom to conduct trade and commerce under Draft Article 16. 

 

The Assembly rejected the proposed amendments and Draft Article 274E was adopted on the same day.