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The Impact of Article 298 of the Indian Constitution on the Indian Economy, Thesis of Law

Article 298 of the Indian Constitution grants the government the power to engage in trade, business, and economic activities. This study examines the historical evolution, impact, and alignment of this provision with contemporary economic policies and global trends. The research combines primary data from stakeholder surveys and interviews, and secondary data from government reports, economic journals, and legal documents. The analysis employs quantitative and qualitative methods to assess the multifaceted impact of Article 298 on the Indian economy, providing insights to inform policy decisions regarding its interpretation and potential reforms.

Typology: Thesis

2022/2023

Uploaded on 09/07/2023

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DHARMASHASTRA NATIONAL LAW UNIVERSITY
JABALPUR (M.P.)
PROJECT TITLE
IMPACT OF ARTICLE.298 OF INDIAN CONSTITUTION ON INDIAN
ECONOMY
SUBJECT
ECONOMICS-
III
NAME OF THE FACULTY
OF ECONOMICS
Isha Wadhwa
Name 0f the Candidate-
Mohit Raj Majhi
Roll N0. Ballb/056/21
Semester- 5th
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pf4
pf5
pf8
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Download The Impact of Article 298 of the Indian Constitution on the Indian Economy and more Thesis Law in PDF only on Docsity!

DHARMASHASTRA NATIONAL LAW UNIVERSITY

JABALPUR (M.P.)

PROJECT TITLE

IMPACT OF ARTICLE.298 OF INDIAN CONSTITUTION ON INDIAN

ECONOMY

SUBJECT

ECONOMICS-

III

NAME OF THE FACULTY

OF ECONOMICS

Isha Wadhwa

Name 0 f the Candidate-

Mohit Raj Majhi

Roll N 0. – Ballb/056/

Semester- 5th

ACKNOWLEDGEMENT

Projects are a very important part of a student’s life in a law school. Projects help us explore the topics and on the topics which we don’t generally get to work on in our normal study process. Therefore, I am very thankful to my economics lecturer Ms. Isha Wadhwa Mam , for giving me the topic of Impact of Art.298 of Indian Constitution on the Indian Economy”. By this topic I was able not only in exploring the economic topic but also the legal topic along with it.

INTRODUCTION

Indian Constitution is the source of all laws, powers and authority that is conferred upon the legislature, executive and judiciary. All the activities that is carried by the state is provided authority by the means of the constitution. Similarly, the state or the government draws the power to carry on economic activities from the constitution only. The power to make contracts on behalf of the state is also authorized by the constitution. Art. 298 of the Constitution authorizes the Government to carry on trade. Art.298 says that-

298. Power to carry on trade, etc- “The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that- (a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and (b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.” By the virtue of this article only the concept of ‘Public Private Partnership’ arose in India. The Government of India defines a Public Private Partnership as: “ Public Private Partnership (PPP) Project means a project based on a contract or concession agreement, between a Government or statutory entity on the one side and a private sector company on the other side, for delivering an infrastructure service on payment of user charges .”^1

PUBLIC PRIVATE PARTNERSHIP IN INDIA

India exhibits the instance of biggest number of Public and Private Partnerships (PPPs) both at the union and state government levels in giving framework and open merchandise. As per the reports of Department of Economic Affairs, the Government of India, the four significant segments where PPP undertakings are designated are Energy, Social and Commercial Infrastructure, Transport and Water Sanitation. The expression "public private organization" is especially flexible as a type of privatization. It is characterized comprehensively as a course of action where an administration and a private substance, for-benefit or charitable, together perform or embrace a generally open movement. It is characterized barely as a complex relationship frequently including at any rate one government unit and a consortium of private firms made to construct enormous, capital serious, seemingly perpetual open foundation, for example, interstates, air terminals, open structures and water frameworks to embrace a significant community redevelopment venture. Private capital and the board of the plan, development and long- haul activity of the foundation is normal for such undertakings, alongside inevitable open proprietorship. The thought of good administration expects to build responsibility, polished skill and unwavering quality in the conveyance of open administrations. As a piece of good administration, changes are being done for reengineering and privatization of state organizations, decentralization of capacity to native levels and presentation of administrative practices in administration.

administration conveyance. o PPP plays a significant instrument for making business openings by building up the administrations area. o PPP moves the hazard to private segment which can diminish the potential for government cost invades from unexpected conditions during task improvement or on the other hand administration conveyance. According to the agreements the administrations are given at a predictable.

RESEARCH QUESTIONS

Article 298 deals with the right of the government to carry on trade, business, and other activities. Here are five research questions you can explore:

  • What is the historical evolution of Article 298 in the Indian Constitution, and how has its interpretation evolved over time with respect to economic activities? This question will help provide context for the study by tracing the legal history and development of Article 298.
  • How has Article 298 influenced the government's participation in economic activities, including public sector enterprises and state-owned industries? Investigate the extent to which Article 298 has shaped government involvement in various economic sectors.
  • What are the economic implications of the government's involvement in trade, business, and other activities as allowed by Article 298? Explore the economic consequences, both positive and negative, of the government's role in economic activities as sanctioned by Article 298.
  • How has Article 298 impacted competition and market dynamics in India, particularly in

sectors where the government is a major player? Analyze how the presence of the government as a participant in various industries has affected competition, innovation, and market structure.

  • To what extent does Article 298 align with contemporary economic policies and global economic trends? Evaluate whether Article 298's provisions are consistent with modern economic principles and international economic practices, and assess the need for potential amendments or reforms. These research questions can serve as a starting point for a comprehensive study on the impact of Article 298 of the Indian Constitution on the Indian economy. Depending on your research goals and resources, you can delve deeper into specific aspects or case studies related to this topic.

RESEARCH HYPOTHESIS

Hypothesis 1: "The presence of Article 298 in the Indian Constitution has facilitated government intervention in key economic sectors, leading to both positive and negative economic outcomes." This hypothesis suggests that Article 298 has enabled the government to participate in economic activities, and its impact on the economy is multifaceted. Hypothesis 2: "Government participation in economic activities under Article 298 has played a crucial role in fostering economic development and infrastructure growth in India." This hypothesis implies that Article 298 has been instrumental in driving economic progress through government involvement in key projects and initiatives. Hypothesis 3: "Article 298 has contributed to inefficiencies and bureaucratic hurdles in sectors where the government is involved, adversely affecting economic growth."

To study the impact of Article 298 of the Indian Constitution on the Indian economy, you can gather data from various sources, including:

  • Government Reports and Publications:
  • Reports from the Ministry of Finance, Ministry of Commerce and Industry, and other relevant government departments that detail economic policies, budget allocations, and government involvement in economic activities.
  • Economic Surveys:
  • The Economic Survey of India, published annually by the government, provides valuable insights into the state of the Indian economy, including trends, challenges, and government interventions.
  • Legal Documents:
  • The Indian Constitution itself and legal documents related to Article 298, such as amendments, court cases, and interpretations, can offer insights into the legal framework.
  • Central Statistical Office (CSO):
  • The CSO releases official economic data, including GDP growth rates, sector-wise contributions, and inflation rates, which can be used to assess economic trends.
  • Industry Associations:
  • Industry-specific associations and chambers of commerce often publish reports and data related to their sectors, shedding light on the impact of government policies and regulations.
  • Academic Journals and Research Papers:
  • Academic research papers and articles in economics, law, and political science journals can provide in-depth analyses and empirical studies on the subject.
  • Case Studies:
  • Examine case studies of specific industries or sectors affected by Article 298. These

might be available in academic journals, industry publications, or research reports.

CITATION METHOD

BLUBOOK CITATION STYLE IS USED IN THIS PARTICULAR PROJECT TOPIC