Ishaan 03 May 2021
If there is a conflict between Article 19(1)(g) of the Indian Constitution (Freedom to practice any profession, or to carry on any occupation, trade or business) and Section 4 of the Competition Act (Abuse of Dominant Position in market), which will prevail and why?
Trivendra Sharma (Practicing Lawyer 9918411669) 03 May 2021
Please study Doctrine of Eclipse which states that any law which is inconsistent with fundamental rights is not invalid. It is not totally dead but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment.
M V Gupta (Advocate) 03 May 2021
Section 4 0f the Companies Act, 2013 deals with Memorandum and its contents. How do you say that it is in conflict with Article 19 (1) (g) of the Constitution? Please explain.
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