india indian-constitutional-law
Constitutional validity of financial regulation of individuals
<p>I am probably simplifying a complex situation, but this is the way I see it. There are several laws in India that govern the financial behavior of individuals - what securities they can buy in foreign markets, that they cannot buy stock on margin in foreign markets, and so on. All of these laws forbid individuals from using their own money as they please in other markets despite India's interests not being affected adversely in any manner. The preamble to the constitution of India guarantees justice, equality, and liberty to all citizens. Isn't the liberty (freedom of choice) of citizens being violated by the aforementioned laws? Are these laws even constitutional given that the constitution is interpreted literally? They appear to me to be an instance of legislative overreach.</p>

<p>These kinds of laws are expressly authorized by Articles 302 (in the case of national government legislation) and 304 (in the case of state government legislation) of the <a href="https://legislative.gov.in/sites/default/files/COI_1.pdf" rel="nofollow noreferrer">Constitution of India</a>. There is also an implied authorization in Article 44 which authorizes the adoption of a civil code. Some of the key relevant articles state:</p>
<blockquote>
<p><strong>PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF</strong>
<strong>INDIA</strong></p>
<p><strong>301. Freedom of trade, commerce and intercourse.</strong>—Subject to the other provisions of this Part, trade, commerce and intercourse throughout
the territory of India shall be free.</p>
<p><strong>302. Power of Parliament to impose restrictions on trade, commerce and intercourse.</strong>—Parliament may by law impose such restrictions on the
freedom of trade, commerce or intercourse between one State and
another or within any part of the territory of India <strong>as may be
required in the public interest.</strong></p>
<p><strong>303. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.</strong></p>
<p>—(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.</p>
<p>(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.</p>
<p><strong>304.Restrictions on trade, commerce and intercourse among States.</strong>—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—</p>
<p>(a) impose on goods imported from other States 1 [or the Union
territories] any tax to which similar goods manufactured or produced
in that State are subject, so, however, as not to discriminate between
goods so imported and goods so manufactured or produced; and</p>
<p>(b) impose such <strong>reasonable</strong> restrictions on the freedom of trade,
commerce or intercourse with or within that State <strong>as may be required</strong>
<strong>in the public interest:</strong></p>
<p>Provided that no Bill or amendment for the purposes of clause (b)
shall be introduced or moved in the Legislature of a State without the
previous sanction of the President.</p>
<p>[305. Saving of existing laws and laws providing for State
monopolies.—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 sub-clause (ii) of clause (6)
of article 19.]</p>
<ol start="306">
<li>[Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce.].–Omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
1-1-1956).</li>
</ol>
<p><strong>307. Appointment of authority for carrying out the purposes of articles 301 to 304</strong>.—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</p>
</blockquote>
<p>.</p>

<h2>Does the Indian government allow its citizens to purchase heroin, surface to air missiles, or slaves?</h2>
<p>Isn’t that an infringement on liberty?</p>
<p>Liberty is not unrestricted.</p>
