Part XI - Relations • Article

Article 245 Simplified: Extent of laws made by Parliament and by the Legislatures of States

Article 245 defines the territorial reach of laws. Parliament can pass laws for the entire territory of India or any part of it, and State Legislatures can pass laws only for their respective states. Additionally, laws made by Parliament cannot be declared invalid solely because they apply to persons or property outside India (extra-territorial operation).

Official Text

(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.

Simple Meaning

Explain Like Ten

Parliament can make rules for all of India. State Legislatures can only make rules for their own state. A rule made by Parliament is valid even if it affects things outside of India.

Student Mode

Article 245 defines the territorial limits of legislative powers. Clause (1) establishes that Parliament's laws apply to the whole or part of India, whereas State laws apply only within the state. Clause (2) explicitly shields Parliamentary laws from invalidation based on extra-territorial operations, establishing a key federal boundary check.

Example

If Parliament passes the Income Tax Act, it applies to Indian citizens residing abroad (extra-territorial operation). In contrast, the Bihar Excise Act passed by the Bihar State Legislature can only be enforced within the borders of Bihar.

Key Takeaway

Article 245 sets the geographical boundaries for legislation: Parliament has national and extra-territorial jurisdiction, whereas State Legislatures are limited to state boundaries.

FAQs

Can a State Legislature pass a law that applies outside its borders?

No. A state law cannot have extra-territorial operation unless there is a sufficient territorial nexus between the state and the subject matter.

Can Parliament make laws that apply to Indian citizens living abroad?

Yes. Clause (2) of Article 245 grants Parliament extra-territorial legislative jurisdiction.