Constitution of India · Part XIII: Trade, Commerce and Intercourse Within the Territory of India
Article 303: and intercourse
In plain words
Neither Parliament nor a State Legislature can make a law that prefers one State over another or discriminates between States, using a trade and commerce entry in the Seventh Schedule. But Parliament can do so if the law declares it necessary to deal with a scarcity of goods in any part of India.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 303
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M/s U.P. Asbestos Limited v. State of Rajasthan & Others
Issue arose as regards the validity of the Notification No. S.O.377, dated 09.03.2007, issued by the Government of Rajasthan in exercise of its powers conferred by s.8(3) of the Rajasthan Value Added Tax Act, 2003…
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Industries Ltd. v. Union of India [2000] Supp. 4 SCR 44 : (2001) 1
The questions which arose for determination are as to what is the true nature of royalty determined u/s.9 r/w s.15(1) of the Mines and Minerals (Development and Regulation) Act, 1957; whether royalty is in the nature of…
- Parmar Samantsinh Umedsinh and Others v. State of Gujarat & Ors.
- State of Gujarat and Others Etc. v. Jayeshbhai Kanjibhai Kalathiya Etc.
- M/S. Tvs Motor Company Ltd. v. The State of Tamil Nadu and Others
- Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- State of U.P. and Ors. v. Jaiprakash Associates Ltd.
- M/S. Jindal Stainless Ltd. & Anr. v. State of Haryana and Ors.
- Jindal Stainless Ltd. and Anr. v. State of Haryana and Ors.
- State of Punjab and Anr. v. Mis. Devans Modern Breweries and Anr. Etc.
- M/S. Widia (India) Ltd. and Ors. v. The State of Karnataka and Ors.
- Shree Digvijay Cement Co. Ltd. and Ors. v. State of Rajasthan and Ors.
- Ahamed Nassar v. State of Tamil Nadu and Ors.
- M/S. B.R. Enterprises Etc. Etc. v. State of U.P. and Ors. Etc. Etc.
- M/S Anand Commercial Agencies Etc. v. The Commercial Tax Officer Vi Circle, Hyderabad and Ors. Etc.
- Shri Digvijay Cement Co. Etc. v. State of Rajasthan and Ors. Etc.
- Lohara Steel Industries Ltd. and Another Etc. v. The State of Andhra Pradesh and Another
- P. Kannadasan Etc. Etc. v. State of Tamil Nadu and Ors. Etc. Etc.
- Amrit Banaspati Co. Ltd. v. Union of India and Ors.
- State of Tamil Nadu and Ors. v. Sanjeetha Trading Co. and Ors.
- Andhra Steel Corporation v. Commissioner of Commercial Taxes in Karnataka