Previous Year Question

Article 245 of the Constitution of India deals with the territorial extent of laws made by Parliament and the State Legislatures.

Under Article 245(1), subject to the provisions of the Constitution, Parliament may make laws for the whole or any part of the territory of India, while the Legislature of a State may make laws for the whole or any part of that State.

Article 245(2) further provides that a law made by Parliament shall not be considered invalid merely because it has extra territorial operation, that is, because its operation may extend beyond the territory of India.

Important fact: More precisely, Article 245 does not state that the sole “function” of Parliament is to make laws; it primarily defines the territorial extent of legislative power of Parliament and State Legislatures. The detailed distribution of subjects on which Parliament and the States may legislate is particularly dealt with under Article 246 and the Seventh Schedule.