Article 245 Constitution of India

Article 245 in The Indian Constitution

Extent of laws made by Parliament and by the Legislatures of States
(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

India's Important Case Laws and Landmark Judgments on Constitution of India i.e. Article 245 Constitution of India:-

  • Determination of Legislative Competence - ITC Ltd. vs Agricultural Produce Market Committee, (2002) 9 SCC 232
  • Entries in the three lists are not powers of legislation but field of legislation - T.M.A. Pai Foundation vs State of Karnataka 
  • In the absence of Parliamentary Act, State still has competence to enact a statute laying down reservation for entry in any course  of study including the medical courses - Saurabh Chaudhary vs Union of India
  • Article 245 - is  the fountain source of legislative  power - State of West Bengal vs Kesoram Industries Ltd.
  • A challenge to legislation cannot be decided on the basis of there being another view which may  be more reasonable  or acceptable - Kuldip Nayar vs Union of India
  • Constitutional validity of legislation - Ashok Kumar Thakur vs Union of India

  • Entries in legislative lists of Schedule VII - Repugnancy - Pith and Substance rule - Harmonious construction - Explained - ITC Ltd vs Agricultural Produce Market Committee
  • State laws can have extra-territorial operation only if there is a territorial nexus / connection between the subject and the enacting state - K K Kochuni vs State of Madras / State of Bombay vs RMDC / State of Andhra Pradesh vs NTPC / Tata Iron and Steel Company


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