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Export Import Regulation In India: Legislative Evolution And Policy Shift


 


Rachana Urs KL, B.B.A.LL.B., LL.M.


ABSTRACT


Imports and exports form the backbone of any thriving economy. While imports bring in goods produced by foreign manufacturers into the country to meet domestic demand, exports allow locally made products to reach international markets. In India, the regulation of these cross-border movements is governed by the Foreign Trade (Development and Regulation) Act, 1992, which replaced the earlier Imports and Exports (Control) Act, 1947. This legislation empowers the government to monitor and manage the flow of goods in and out of the country. Over time, India has moved from a rigid, state-controlled trade system to a more liberalized framework. Yet, regulatory oversight remains crucial, especially when it comes to sensitive or strategically important goods. Under the Indian Trade Classification (Harmonized System)—or ITC-HS—goods are categorized into three groups: Restricted items (require a license), Canalized items (importable only through designated agencies), and Prohibited items (not allowed at all). While most goods can be freely imported, these classifications ensure that trade aligns with national interests. Additionally, imports attract basic customs duty, and depending on the nature of the product, other charges such as anti-dumping duty, safeguard duty, or a social welfare surcharge may apply. This article takes a closer look at how India manages its import-export ecosystem—from tariff barriers and licensing requirements to constitutional powers and statutory exemptions—reflecting the balance between trade liberalization and state control.


Keywords: protectionism, liberalization, Custom Act, Tariff.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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