The freedom of trade, commerce, and intercourse guaranteed under Part XIII of the Constitution of India (Articles 301-307) forms the backbone of India’s economic unity. Rather than granting an unfettered right, the Constitution adopts a carefully balanced framework that seeks to harmonise the ideal of a single national market with the practical regulatory and fiscal needs of a federal polity. This paper revisits the evolution of these constitutional provisions, tracing their roots from the colonial Government of India Acts, through the transformative economic reforms of 1991, and into the contemporary phase marked by “GST 2.0” (September 2025) and the shift towards trust-based governance under the Jan Vishwas (Amendment of Provisions) Bill, 2025.

Using a doctrinal approach, the study examines how judicial interpretation has evolved over time from the formulation of the “direct and immediate effect” test in Atiabari Tea Co. v. State of Assam to the eventual rejection of the compensatory tax doctrine in Jindal Stainless Ltd. v. State of Haryana. These decisions reveal a gradual recalibration of constitutional thought, reflecting changing economic realities and policy priorities. The paper also engages with emerging challenges in the digital economy, particularly the role of the Open Network for Digital Commerce (ONDC) and recent legislative efforts to decriminalise commercial offences, both of which are reshaping contemporary understandings of economic freedom under the Constitution.