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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:
    1. 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)
    2. 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.
    3. 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:
    1. 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.
    2. 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.
    3. 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.