Actual Article
Article 245: Extent of laws made by Parliament and by the Legislatures of States
- Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
- No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.
UPSC Notes for Article 245
Explanation:
- Legislative Powers: Article 245 grants legislative powers to both Parliament and the State Legislatures. Parliament can legislate for the entire territory of India or any part thereof, while State Legislatures can legislate for their respective states.
- Extra-Territorial Legislation: Clause (2) specifies that laws made by Parliament cannot be declared invalid solely because they have extra-territorial operation. This means that Parliament has the authority to enact laws that may affect entities or individuals outside the territory of India if there is a sufficient nexus with India.
Key Points:
- Jurisdiction of Parliament: Parliament has broad legislative jurisdiction and can enact laws that apply to the entire nation or specific regions within it.
- Jurisdiction of State Legislatures: State Legislatures have the authority to make laws that apply within their respective states.
- Extra-Territorial Application: The provision for extra-territorial legislation ensures that Parliament can address issues that have a significant impact on India, even if they originate outside its borders.
Important Cases and Commissions Related to Article 245
Cases:
- A.H. Wadia vs. Commissioner of Income Tax (1949): The Supreme Court held that the competency of the legislature to enact laws is not limited to the boundaries of the state or the nation, reinforcing the principle of extra-territorial operation of laws.
Commissions:
- Law Commission of India: May have reviewed the implications of extra-territorial legislation and recommended frameworks to ensure their effective implementation.
Important Reports Related to Article 245:
- Constitutional Review Commission: Examined the scope and limitations of legislative powers under Article 245, suggesting measures to balance central and state legislative authority.
Previous Year Prelims Questions Related to Article 245
- (UPSC Prelims 2016) Which of the following statements is correct regarding Article 245?
- A. Only Parliament can make laws for the entire territory of India.
- B. Only State Legislatures can make laws for their respective states.
- C. Both Parliament and State Legislatures can make laws for their respective jurisdictions.
- D. Parliament cannot make laws with extra-territorial operation. Correct Answer: C. Both Parliament and State Legislatures can make laws for their respective jurisdictions.
- (UPSC Prelims 2018) Can laws made by Parliament be invalidated on the ground of extra-territorial operation according to Article 245?
- A. Yes
- B. No
- C. Only if they affect another country
- D. Only with the President’s approval Correct Answer: B. No
Previous Year Mains Questions Related to Article 245
- Mains 2016: “Discuss the significance of Article 245 in the context of the legislative powers of Parliament and State Legislatures. How does it ensure a balance between central and state authority?”
- Mains 2019: “Evaluate the provision for extra-territorial operation of laws under Article 245. What are its implications for the legislative authority of Parliament?”
Additional Insights:
- Legislative Autonomy: Article 245 provides legislative autonomy to both central and state governments, allowing them to enact laws that address the specific needs of their jurisdictions.
- International Implications: The provision for extra-territorial legislation is particularly relevant in the context of globalization, enabling Parliament to legislate on matters such as cross-border trade, terrorism, and cybercrime.
Understanding Article 245 is crucial for UPSC aspirants as it highlights the legislative powers and jurisdiction of Parliament and State Legislatures, emphasizing the provision for extra-territorial legislation. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework within the Indian Constitution.