Constitution of India · Part XII: Finance, Property, Contracts and Suits · Obligations and suits
Article 298: Power to carry on trade, etc
In plain words
The executive power of the Union and of each State extends to carrying on any trade or business, acquiring, holding and disposing of property, and making contracts for any purpose.
- Where the Union acts in a field Parliament cannot legislate on, it is subject to State legislation, and where a State acts in a field it cannot legislate on, it is subject to Parliament's legislation.
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
The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:
Provided that—
(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.]
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 298
- Ramesh Chandra Sharma v. State of Uttar
- M. P. Power Management Company Limited, Jabalpur v. M/S. Sky Power Southeast Solar India Private Limited & Others
- Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors.
- The State of Jharkhand & Ors. v. M/S Ajanta Bottlers & Blenders Pvt. Ltd.
- Govt. of NCT of Delhi v. Union of India
- Union of India v. Moolchand Khairati Ram Trust
- State of Jharkhand & Ors. v. M/S Cwe-Soma Consortium
- State of Kerala & Ors. v. M/S. Kerala Rare Earth & Minerals Limited & Ors.
- Indian Oil Corporation Ltd. v. Nilofer Siddiqui & Ors.
- All Kerala Online Lottery Dealers Association v. State of Kerala & Ors.
- Gorkha Security Services v. Govt. of NCT of Delhi & Ors.
- Balmer Lawrie & Co. Ltd. & Ors. v. Partha Sarathi Sen Roy & Ors.
- Re: Special Reference N0.1 of 2012 v. --
- Monnet Ispat & Energy Ltd. v. Union of India and Ors.
- Reliance Natural Resources Ltd. v. Reliance Industries Ltd.
- Jantia Hill Truck Owners Association v. Shailang Area Coal Dealer and Truck Owner Association and Others ,
- Union of India & Ors. v. M/S Martin Lottery Agencies Ltd.
- M.P. State Co-Op. Dairy Fedn. Ltd. & Anr. v. Rajnesh Kumar Jamindar & Ors.
- State of U.P. & Anr. v. Radhey Shyam Rai
- M/S Ashoka Smokeless Coal Ind. P. Ltd. and Ors. v. Union of India and Ors.
- M/S. Zee Tele Films Ltd. and Anr. v. Union of India and Ors.
- State of Punjab and Anr. v. Mis. Devans Modern Breweries and Anr. Etc.
- Kapila Hingorani v. State of Bihar
- M/S. B.R. Enterprises Etc. Etc. v. State of U.P. and Ors. Etc. Etc.
- New Delhi Municipal Council v. State of Punjab Etc. Etc.
- Air India Statutory Corporation v. United Labour Union and Ors.
- Municipal Commissioner of Dumdum Municipality and Ors. Etc. v. Indian Tourism Development Corporation and Ors. Etc.
- G.D. Zalani and Anr. Etc. v. Union of India and Ors.
- M/S Khoday Distilleries Ltd. Etc. v. State of Karnataka and Ors. Etc.
- State of U.P. and Anr. v. M/S. Synthetics and Chemicals Ltd. and Anr.
- Indian Metals and Ferro Alloys Ltd. v. Union of India and Ors.
- Delhi Transport Corporation v. D.T.C. Mazdoor Congress
- Star Enterprises Etc. Etc. v. City and Industrial Development Corporatlon of Maharashtra Ltd. & Ors.
- Mahabir Auto Stores & Ors. v. Indian Oil Corporation & Ors.