Article 245

Article 245 of the Constitution of India forms a fundamental part of the constitutional framework governing legislative powers in the country. It defines the territorial extent and jurisdiction of laws made by Parliament and the State Legislatures, serving as the foundation for the distribution of legislative authority between the Union and the States. Located in Part XI (Relations between the Union and the States), this Article ensures clarity regarding the territorial scope of legislative competence in India’s quasi-federal system.

Scope and Purpose

The primary aim of Article 245 is to demarcate the geographical boundaries within which legislative bodies can exercise their powers. While Parliament represents the entire territory of India, the State Legislatures represent their respective States. The provision thus prevents jurisdictional overlap and reinforces the principle of federal balance between national and regional authorities.
Article 245 operates in conjunction with Articles 246 to 255, which together outline the detailed distribution of legislative powers and responsibilities between the Union and the States.

Clause (1): Territorial Jurisdiction

Clause (1) of Article 245 establishes the extent of legislative power of Parliament and the State Legislatures:

• Parliament may make laws for the whole or any part of the territory of India.
• State Legislatures may make laws for the whole or any part of the State concerned.

This clause ensures that Parliament has a comprehensive legislative jurisdiction, covering the entire nation, including Union Territories, while the States’ powers are confined within their territorial boundaries. The phrase “whole or any part” grants flexibility, allowing legislatures to make laws applicable to specific regions within their respective jurisdictions.
For instance, Parliament can enact laws applicable only to certain Union Territories or special regions, such as the Delhi Special Police Establishment Act, which extends to selected areas. Similarly, State Legislatures may enact region-specific laws addressing local needs or customs.

Clause (2): Extra-Territorial Operation

Clause (2) of Article 245 provides that no law made by Parliament shall be deemed invalid merely because it has extra-territorial operation. This means that Parliament possesses the authority to enact laws that may apply to Indian citizens or entities even outside the geographical territory of India.
This provision recognises the global presence of Indian citizens and organisations and allows the Indian legal system to maintain jurisdiction over them in certain contexts. Examples include:

• The Indian Penal Code, 1860 (Section 4), which extends to Indian citizens committing offences abroad.
• The Foreign Exchange Management Act (FEMA), 1999, regulating financial transactions with foreign entities.
• Anti-terrorism laws, which may target activities conducted outside India that threaten national security.

In contrast, State Legislatures do not possess extra-territorial jurisdiction; their laws are confined strictly within the boundaries of their States.

Legislative Competence and Constitutional Distribution

Article 245 must be understood alongside Article 246, which divides legislative subjects into three lists under the Seventh Schedule:

• Union List: Subjects on which only Parliament can legislate.
• State List: Subjects under the exclusive jurisdiction of State Legislatures.
• Concurrent List: Subjects on which both Parliament and the States can legislate.

This structured distribution ensures that Parliament and the States operate within well-defined domains. While Parliament’s power under Article 245 extends across India (and beyond, under Clause 2), the States’ power is territorially limited but substantive within their domain.

Judicial Interpretation

The judiciary has played a critical role in interpreting Article 245 and clarifying the boundaries of legislative power. Several landmark decisions have shaped its application:

• State of West Bengal v. Union of India (1963): The Supreme Court upheld the supremacy of Parliament, affirming that it can make laws for the entire territory of India, including matters concerning the Union-State relationship.
• Keshavananda Bharati v. State of Kerala (1973): The Court discussed the scope of Parliament’s legislative powers and reinforced that all laws must conform to the basic structure of the Constitution.
• M.C. Mehta v. Union of India (1987): The Court addressed environmental regulations with extra-territorial dimensions, recognising Parliament’s authority to legislate beyond Indian borders when necessary to protect national interests.
• Vishaka v. State of Rajasthan (1997): This case highlighted the international reach of Indian law, as the Supreme Court invoked international conventions to frame guidelines protecting women’s rights, thus reflecting Parliament’s capacity to legislate in line with global standards.

These cases collectively affirm that while Parliament enjoys broad legislative powers, such powers must align with constitutional principles, particularly fundamental rights and federalism.

Related Constitutional Provisions

Article 245 is closely linked to several other constitutional provisions that collectively define the framework of legislative authority:

• Article 246: Specifies the distribution of legislative subjects between Parliament and the States.
• Article 247: Authorises Parliament to establish additional courts for better administration of laws made under the Union List.
• Articles 248–254: Deal with residuary powers, inconsistencies between central and state laws, and concurrent jurisdiction.

Together, these provisions ensure a comprehensive and coordinated system of governance across India’s complex federal structure.

Significance and Practical Implications

Article 245 carries immense significance in maintaining the unity and coherence of India’s legal system. Its major contributions include:

• Establishing a clear territorial framework for law-making.
• Empowering Parliament to enact laws with global applicability to protect the interests of Indian citizens abroad.
• Ensuring that States can effectively legislate within their own territories on matters of local relevance.
• Supporting India’s participation in international treaties and global governance by permitting extra-territorial legislation.

The extra-territorial clause, in particular, has practical relevance in areas such as international trade, cyber law, maritime law, and human rights, where national legislation must often extend beyond geographical boundaries.

Limitations and Constitutional Safeguards

Despite the extensive powers granted under Article 245, these powers are not absolute. All laws enacted under this Article must conform to:

• The Constitution, including Fundamental Rights.
• The Basic Structure Doctrine, which limits Parliament’s power to alter the essential features of the Constitution.
• The principles of territorial nexus, ensuring that there exists a reasonable connection between India and the matter being legislated upon in cases of extra-territorial operation.

If a law made by Parliament bears no real or substantial connection to India, courts may declare it unconstitutional despite Article 245(2).