- Statement 1: Under Article 245(1), Parliament has the power to make laws for the whole or any part of the territory of India. The territory of India includes all the states and Union Territories. While there might be specific constitutional provisions for certain areas (like Scheduled Areas or Tribal Areas) or specific laws might have limited application, the general power extends across all states. So, statement 1 is generally correct. - Statement 2: Article 245(1) states that a state legislature may make laws for the whole or any part of the state. The principle is that a state law is valid only if it has a territorial nexus with the state. However, the Supreme Court has held that if a state law has a sufficient territorial nexus with the state, it can be made applicable to persons or property outside the state (e.g., taxing income earned or goods sold within the state by non-residents). Therefore, the statement "Under no circumstance, the laws made by the state legislature are applicable outside the state" is incorrect. - Statement 3: Article 245(2) states that "No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation." This explicitly empowers Parliament to make laws applicable to Indian citizens and their property located anywhere in the world. This statement is correct.
Consider the following statements: 1. The laws made by the Parliament are applicable to all the states of India. 2. Under no circumstance, the laws made by the state legislature are applicable outside the state. 3. The laws of the Parliament are applicable to the Indian citizens and their property in any part of the world. Which of the above statements is/are correct?
Asked in GPSC Prelims CSP 1 2023 · Topic: The Centre-State Relations (Legislative Relations: Distribution of Powers (Union, State, Concurrent Lists))
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- The Indian Constitution describes Legislative Relations between Union and States in Article from
