Articles 245 & 246 of Constitution of India

The Constitution of India, the supreme law of the land, has a complex framework that defines the relationship between the Union and the States. This framework is necessary to uphold the federal structure of the country, ensuring a system of governance where powers and responsibilities are clearly divided between different levels of government. 

Among the most important provisions that define this division are Articles 245 and 246. These articles deal with the legislative powers of the Parliament and the State Legislatures, with a special focus on the territorial extent of laws and the distribution of legislative subjects between the Union and the States. 

Article 245: Extent of Laws Made by Parliament and State Legislatures

Article 245 plays a crucial role in defining the territorial extent of laws made by Parliament and State Legislatures. It demarcates the boundaries within which legislative bodies can operate and pass laws. It is a key provision that governs the jurisdictional scope of the lawmaking powers of the Union and the States.

Clause 1 of Article 245 states:

“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.”

This provision empowers Parliament to make laws that extend to the entire territory of India or any part of it. Similarly, the State Legislature can make laws for the whole of the State or any part thereof. This clause reaffirms the territorial jurisdiction of both Parliament and State Legislatures. It ensures that Parliament’s laws are applicable throughout the country, whereas the laws made by the State Legislatures are limited to the geographical boundaries of the respective States.

The provision under Clause 1 reinforces the idea of territorial jurisdiction in legislative powers. For example, if Parliament enacts a law on taxation, it is applicable across India, even in Union Territories like Delhi or Jammu & Kashmir (now reorganised), whereas a State Legislature may pass a law specific to the taxation issues within its State boundaries.

Clause 2 of Article 245 provides further clarification on the extent of Parliament’s legislative power:

“No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.”

This clause is significant because it grants Parliament the power to make laws that may extend beyond India’s geographical boundaries. In an increasingly interconnected world, the extraterritorial reach of laws is essential. Parliament has the authority to legislate on matters that concern not only India but also foreign territories or entities. For instance, laws dealing with foreign trade, international relations, or cybercrime may impact entities or individuals outside India’s borders, and this clause ensures the validity of such laws.

Thus, Article 245 makes it clear that Parliament can pass laws with both territorial and extraterritorial reach, ensuring India’s legal system adapts to global developments while maintaining jurisdictional clarity. On the other hand, a State Legislature’s laws are confined to the State’s boundaries.

Article 246: Distribution of Legislative Powers Between Union and States

Article 246 deals with the division of legislative powers between Parliament and State Legislatures. It lays down a framework that divides subjects into three categories: Union List, State List, and Concurrent List. These lists, contained in the Seventh Schedule of the Constitution, determine which legislature (Union or State) has the authority to legislate on a particular matter.

Clause 1 of Article 246 grants Parliament the exclusive power to make laws on subjects enumerated in the Union List (List I of the Seventh Schedule). This list contains matters that are of national importance and require uniform legislation across the country. These subjects include defence, foreign affairs, nuclear energy, and communications. Parliament alone has the authority to legislate on these matters.

Clause 1 of Article 246 states:

“Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the ‘Union List’).”

Thus, Parliament has the exclusive jurisdiction to enact laws on subjects that affect the country as a whole and require centralised control. This exclusive power is in line with the need for uniformity in matters that are crucial to the nation’s sovereignty, security, and international relations. For example, laws on defence policy, foreign treaties, and inter-state river disputes fall under the Union List.

Clause 2 of Article 246 addresses the legislative power over the Concurrent List (List III), which is shared by both the Union and State Legislatures. This list contains subjects that are of joint concern to both the Union and the States. These matters include marriage and divorce, criminal law, and education. Both Parliament and the State Legislatures have the power to legislate on these subjects. However, in case of a conflict between a central law and a state law on the same subject, the central law prevails.

Clause 2 of Article 246 states:

“Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the ‘Concurrent List’).”

The dual power to legislate on Concurrent List matters can sometimes lead to conflicts between Union and State laws. The Doctrine of Repugnancy, which is derived from Article 246, resolves these conflicts by granting supremacy to Union law in case of a clash with State law on a Concurrent List subject. In other words, when there is inconsistency between central and state laws on the same matter, the Union law will prevail, provided it has received the President’s assent.

Clause 3 of Article 246 gives exclusive authority to the State Legislatures to legislate on matters enumerated in the State List (List II). This list contains subjects that primarily concern the States, such as police, public health, agriculture, and local governance. The State Legislatures have the power to make laws on these matters without any interference from the Union. However, in certain cases, such as when a subject from the State List needs central intervention for uniformity, Parliament may legislate.

Clause 3 of Article 246 states:

“Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the ‘State List’).”

Clause 4 of Article 246 extends Parliament’s power to legislate on matters concerning Union Territories and other areas not included in any State. This clause is crucial for administering Union Territories like Delhi, Jammu & Kashmir (now reorganised), and Puducherry, as well as regions that may not have a State Legislature. The Union has the authority to legislate on such areas, even if the matter falls under the State List.

Clause 4 of Article 246 states:

“Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State, notwithstanding that such matter is a matter enumerated in the State List.”

This provision ensures that Union Territories and areas not falling under any State’s jurisdiction are not left without legislative oversight. For example, laws related to the administration of Union Territories such as Chandigarh, Lakshadweep, or Andaman and Nicobar Islands are enacted by Parliament, as these territories do not have their own State Legislatures.

Conclusion: The Constitutional Framework for Legislative Powers

Articles 245 and 246 together form the cornerstone of India’s federal structure by clearly delineating the legislative powers of Parliament and State Legislatures. While Article 245 deals with the territorial scope of legislative powers, Article 246 provides the framework for the division of legislative subjects into three distinct lists: Union, State, and Concurrent. These provisions are crucial for ensuring that each level of government can legislate within its domain without encroaching upon the other’s authority.

The division of powers between the Union and States reflects the need for a balance of power, ensuring that both central and regional concerns are addressed. Article 245 and Article 246 also ensure that the Indian legal system remains flexible enough to address both domestic and international issues. Through the concurrent powers granted in Article 246, the Constitution accommodates the need for cooperation between the Union and the States on subjects of mutual concern, while maintaining the supremacy of Union law when conflicts arise.