Part XI: Legislative Relations

Article 245: Extent of Laws Made by Parliament and Legislatures

Original Article:

(1) 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.

(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

Explanations:

Article 245 defines the scope and jurisdiction of legislative powers of both Parliament and State Legislatures. It ensures that each legislative body operates within the constitutional framework and clarifies their legislative reach.

Clause (1): Legislative Scope

Parliament can legislate for the entire country or specific parts, while State Legislatures focus on their regions. This distinction avoids overlaps in legislative jurisdiction.

Clause (2): Extra-Territorial Operation

Parliament can enact laws with effects beyond Indian borders, crucial for addressing issues like international trade, economic crimes, and global security.

Real-Life Examples:

The Fugitive Economic Offenders Act, 2018, demonstrates Parliament’s ability to address crimes committed abroad but impacting Indian interests. Similarly, state laws like the Maharashtra Shops and Establishments Act focus on regional governance.

Historical Significance:

Derived from the Government of India Act, 1935, Article 245 reflects India's transition to a sovereign legislative system, balancing national interests with regional autonomy.

Judicial Interpretations:

Landmark cases like A.H. Wadia v. Income Tax Commissioner affirm Parliament's right to extra-territorial laws if they serve national interests. Such rulings solidify the principles of Article 245 in safeguarding India’s sovereignty.