Now that the Supreme Court of India has reconsidered its earlier judgment in Atiabari Tea Co., Ltd. v. The State of Assam in Automobile Transport (Rajasthan), Ltd. v. State of Rajasthan it would not be inappropriate to attempt a brief critical and analytical account of the two judgments and of the problem of the freedom of trade, commerce and intercourse within the territory of India with which they deal. As will presently appear the task is not easy, first, because the drafting of the articles in Part XIII of the Constitution leaves much to be desired and, secondly, because the wide diversity of judicial opinion disclosed in the Atiabari and the Rajasthan cases does not make the task of the commentator any easier.