Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in subclause (ii) of clause (6) of article 19.

Debate Summary

 

Draft Article 274DDD (Article 305 of Constitution of India 1950) was not included in the Draft Constitution 1948. The Drafting Committee Chairman introduced this Draft Article on 13 October 1949, as an addition to a series of Articles under Part XA which discussed trade, commerce and intercourse within the territory of India. 

 

This Draft Article 274DDD shielded laws existing at the time of the enactment of the Constitution from the provisions of Draft Articles 274A (Article 301 of Constitution of India 1950) and 274C (Article 303 of Constitution of India 1950). The President of India was empowered to pass an order contrary to the provisions of this Draft Article. 

 

A Member was concerned that the Draft Article gave the President wide powers - which effectively making the Cabinet very powerful. He was more comfortable giving this power to Parliament instead of the President. The Assembly rejected this amendment.  

 

Draft Article 274DDD was adopted on 13 October 1949. 

 

Article 305 was amended in 1955 to further shield laws that enable the Indian state to carry out trade or start a corporation under Article 19(6)(ii) from the application of provisions under Article 301.