Constitution of India · Part XIII: Trade, Commerce and Intercourse Within the Territory of India · Restrictions on the legislative powers of the Union and of the
Article 305: Saving of existing laws and laws providing for State monopolies
In plain words
Articles 301 and 303 do not affect existing laws unless the President orders otherwise. Article 301 also does not affect laws made before the Constitution (Fourth Amendment) Act, 1955, or prevent new laws, on State trade, business or monopolies covered by sub-clause (ii) of clause (6) of article 19.
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
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.]
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 305
- Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- State of Punjab and Anr. v. Mis. Devans Modern Breweries and Anr. Etc.
- State of Tripura and Ors. v. Sudhir Ranjan Nath
- Punjab Traders and Ors. v. State of Punjab and Ors.
- Video Electronics Pvt. Ltd. and Anr. Etc. Etc. v. State of Punjab & Anr. Etc. Etc .
- Syed Ahmed Aga Etc. v. State of Mysore & Another
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- District Collector of Hyderabad & Ors. v. M/S. Ibrahim & Co. Etc.
- State of Mysore v. H. Sanjeeviah
- Kalyani Stores v. The State of Orissa and Others
- The Automobile Transport (Rajasthan) Ltd. v. The State of Ra.Jasthan and Others
- Bangalore Woollen, Cotton and Silk Mills Co. Ltd., Bangalore v. Corporation of the City Oe Bangalore, by Its Commissioner, Bangalore City.
- Ram Chandra Palai and Others v. The State of Orissa and Oth