There are three Articles 243, 244 and 245 which deal with this subject ‘inter-state trade and commerce’ in the body of the Draft. Then in the list of legislative powers in the Union list, we find in article 73 “inter-state trade and commerce subject to the provisions of entry 33 of List No. II”. Then item 32 in List II is “trade and commerce within the state; markets and fairs”; and item 33 refers to the” regulation of trade, commerce and intercourse on other States for the purposes of the provisions of article 244 of this Constitution.” Therefore, you will find inter-state trade and commerce, subject to article 244, is a Union subject. Parliament can deal with it. Trade and commerce within the state and inter-state commerce as provided in article 244 are given to the State Legislatures. You will find, Sir, that in article 244, even though it might be inter-state trade and commerce, the State Legislature is given certain powers to impose certain taxes and impose certain restrictions. Having this in mind, if we come to article 16, we find the words “subject to the provisions of article 244 of this Constitution”, that is, even in respect of inter-state trade and commerce, the State Legislature has been given certain powers and that is not touched by this article. Therefore leaving that, the article would read “subject to the provisions of any law made by Parliament, trade and commerce and intercourse through the territory of India shall be free”. I really fail to understand how this can be a fundamental right and whether there is any right at all reserved. The very conception of a fundamental right is that there is a certain right taken out of the province of the legislature either of the Union or the State. To put it in other words, the sovereignty vests in the public, but that sovereignty is delegated to the legislatures or the sovereignty is expressed through the legislatures in respect of certain subjects.
