Saving of existing laws and laws providing for State monopolies
Quick Summary (TL;DR)
Article 305 (Saving of existing laws and laws providing for State monopolies): Guarantees free trade, commerce, and movement of goods across state borders within India (Part XIII).
In Simple Citizen Words
Article 305 ('Saving of existing laws and laws providing for State monopolies') in Part XIII (Articles 301–307) ensures the economic unity of India. While Article 301 declares that trade, commerce, and intercourse throughout the territory of India shall be free, Articles 302–307 regulate when Parliament or a State Legislature may impose non-discriminatory restrictions in the public interest. Specifically: 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...
Key Constitutional Provisions
Constitutional Mandate (Art. 305): Directly codifies the legal rule for 'Saving of existing laws and laws providing for State monopolies' under Part XIII
Sets a direct, self-contained constitutional command binding on public authorities across India
Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action
Exceptions & Reasonable Restrictions
Under Article 304(b), any State Bill imposing reasonable restrictions on inter-state trade in the public interest requires the previous sanction of the President (Atiabari Tea Co. & Jindal Stainless rulings).
Why This Matters in Daily Life
Allows farmers, traders, transporters, and businesses to sell and move goods across all 28 States and 8 UTs as one common national market.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: