Abstract
In this article, the author critiques the Indian Supreme Court's understanding of the concepts of privilege, police power and res extra commercium and suggests that these have been incorrectly applied in the context of trade in noxious substances. After tracing the evolution of these concepts through Indian case law and in other jurisdictions, he argues that the principles of privilege and police power originated in the United Kingdom and United States respectively in specific contexts. Therefore, they cannot be applied to the Indian constitutional scheme as the Constitution has other provisions to regulate the same subject matter. The author also contends that the Supreme Court has misinterpreted and misapplied the res extra commercium doctrine, and cannot use it to restrict the fundamental right to trade granted to all citizens in the Constitution.
Recommended Citation
Datar, Arvind P.
(2009)
"Privilege, Police Power and res Extra Commercium - Glaring Conceptual Errors,"
National Law School of India Review: Vol. 21:
Iss.
1, Article 5.
Available at:
https://repository.nls.ac.in/nlsir/vol21/iss1/5
