To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about Centre-State Relations. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity. As IAS aspirants, you should be thorough with Centre-State Relations. In this article, you can read all about the Territorial Extent of Central and State Legislation
The Centre-state relations can be studied under following domains:
|LEGISLATIVE RELATIONS (Art. 245 – 255)|
- 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states.
- Given federal nature of the Indian Constitution, it divides the legislative powers between the Centre and the states with respect to both the territory and the subjects of legislation.
- There are four following aspects in the Centre-states legislative relations –
|TERRITORIAL EXTENT OF CENTRAL AND STATE LEGISLATION|
- The Constitution defines the territorial limits of the legislative powers vested in the Centre and the states in the following way:
- The Parliament can make laws for the whole or any part of the territory of India (the states, the UTs, and any other area included in the territory of India)
- A State Legislature can make laws for the whole or any part of the state. The laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between the state and the object.
- The Parliament alone can make ‘extra-territorial legislation’ – Laws of the Parliament are applicable to the Indian citizens air property in any part of the world.
- The Constitution places certain restrictions on the plenary territorial jurisdiction of the Parliament. The laws of Parliament are not applicable in the following areas:
- The President can make regulations for the peace, progress and good governance of the four UTs – Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. A regulation so made has the same force and effect as an act of Parliament. It may also repeal or amend any act of Parliament in relation to these union territories.
- The Governor is empowered to direct that an act of Parliament does not apply to a Scheduled Area in the state or apply with specified modifications and exceptions.
- The Governor of Assam may likewise direct that an act of Parliament does not apply to a Tribal Area (autonomous district) in the state or apply with specified modifications and exceptions. President enjoys the same power with respect to Meghalaya, Tripura and Mizoram.
THEORY OF TERRITORIAL NEXUs
- The SC in H. Wadia vs ITC, Bombay has held that “the legality of any extra-territorial law can only be decided in India’s domestic courts”
- India also follows “theory of territorial nexus”, it means that “if a state law or union law has an extra-territorial effect, then it would be valid if there is sufficient nexus between object and interest of states.
- Example– If a newspaper is published in Bangalore but has a very wide circulation in Bombay then Bombay can tax that newspaper.