Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ishaan   03 May 2021

Factual query

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?



Quick Summary
This discussion delves into a potential conflict between Article 19(1)(g) of the Indian Constitution, guaranteeing the freedom to practice any profession, and Section 4 of the Competition Act, which addresses the abuse of dominant market positions. It examines the Doctrine of Eclipse, suggesting that laws inconsistent with fundamental rights are not void but merely overshadowed, and can be revived through constitutional amendment. The query also seeks clarification on how Section 4 of the Companies Act, concerning memorandum contents, might conflict with Article 19(1)(g).

 2 Replies

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. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register