J. K. MAHESHWARI, ATUL S. CHANDURKAR
State of Uttar Pradesh – Appellant
Versus
Reliance Industries Limited – Respondent
JUDGMENT :
J.K. MAHESHWARI, J.
CIVIL APPEAL NO. 3910 OF 2016
1. India is a Union of States. Reality is that all States are not endowed equally. There is stark disparity in the economic scenario among various States in India. Each State has its unique contributions and products. It is the free flow of trade and commerce that seeks to nullify some effects of inequality with just exceptions. But for the Union, generally it is observed that federating units would want to cut corners by instituting protectionist measures to augment their resources over others. It is in this context that the framers of the Constitution have laid down a road map to ensure that the Union Government takes over fiscal policies touching upon inter-state or international trade and commerce. This avowed purpose, we are here to secure.
2. On the same lines, Alexander Hamilton, one of the founding fathers of the United States of America, in his Federalist Paper No. 11 (1787), recounts the benefits of free trade:
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