Q: Explain Article 245 of Indian constitution ?

Ans: 

The legislative relations are connoted from 245 to 255.

 

The jurisdiction between centre and state are also divided in territorial jurisdiction and subject matter jurisdiction.

 

According to Article 245(1), the parliament has the power to make laws for a particular territory or for whole territory.

 

The state legislature has the power to make laws for a particular part or whole territory of state in accordance with Article 245(1).

 

The Parliament also has the power to make laws for extra territorial operation in accordance with Article 245(2) of Indian Constitution.  

The laws for extra territorial operation will be based on territorial nexus test.

 

Wallace Brothers And Co. Ltd. vs The Commissioner Of Income-Tax on 17 February, 1948.

 

There was a company which was registered in England and its partnership was in India.

 

Since the major income of this company is from India, the Indian Income Tax Authority has the power to put tax on it.

 

If the parliament would like to make laws and if the parliament would like to make laws on  subject matters of extra territorial jurisdiction, there must be reasonable connections between the subject matters.

 

The parliament has the power to make laws for the centre as well as for extra territorial jurisdiction .

 

The state can not make laws for extra territorial jurisdiction.

Parliament has not the absolute power of legislature under Article 245 of constitution: Parliament has not the absolute power of law making under Article 245 of Indian Constitution.

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