📜 Article 245 of the Indian Constitution
Title: Extent of laws made by Parliament and by the Legislatures of States
Part XI – Relations Between the Union and the States
Chapter I – Distribution of Legislative Powers
🔹 Text Summary of Article 245:
Article 245 defines the authority and territorial extent of laws made by the Parliament and State Legislatures.
🧠 Clause-by-Clause Breakdown:
| 🔢 Clause | 📘 Provision |
|---|---|
| (1) | Parliament may make laws for the whole or any part of India. |
| State Legislatures may make laws for the whole or any part of the state. | |
| (2) | No law made by Parliament shall be deemed invalid on the ground that it has extra-territorial operation (i.e., it affects people or things outside India). |
📌 Key Points:
| 🔍 Aspect | ✅ Details |
|---|---|
| Scope of Parliament | Can make laws for all of India, and also laws affecting foreign territories, as long as there's a nexus with India. |
| Scope of State Legislature | Can make laws only within the territorial boundaries of the state. |
| Extra-Territorial Jurisdiction | Parliament can legislate even for Indian citizens abroad or entities with Indian links. |
| Judicial Review | Courts can review whether a law exceeds territorial limits or legislative competence. |
🔁 Related Articles:
| Article | Subject |
|---|---|
| 246 | Subject-matter of laws made by Parliament and State Legislatures |
| 248 | Parliament’s power to make laws on residuary matters |
| 13 | Laws inconsistent with Fundamental Rights |
🧠 In Simple Words:
Article 245 tells who can make laws and for what area.
Parliament = for the whole country (even outside India in some cases).
State = for its own territory only.
🧾 Example:
-
Parliament can pass a law on cybercrime that applies to an Indian hacker sitting abroad (under Clause 2 – extra-territorial reach).
-
A state like Maharashtra cannot pass a law affecting Karnataka.
Here is a 📊 Comparison Chart of Articles 245 to 248 of the Indian Constitution – these Articles define the distribution of legislative powers between the Union and States.
🏛️ Articles 245 to 248 – Legislative Powers of Parliament & State Legislatures
| 🔢 Article | 🧾 Subject | 🇮🇳 Parliament Power | 🏞️ State Legislature Power | 📌 Key Feature |
|---|---|---|---|---|
| Article 245 | Extent of laws made by Parliament and State Legislatures | Can legislate for whole or any part of India; may also have extra-territorial effect | Can legislate only for whole or part of that State | Territorial extent of law-making |
| Article 246 | Subject-matter of laws (Union, State, Concurrent Lists) | Has exclusive power over List I (Union List); can also legislate on List III (Concurrent List) | Has exclusive power on List II (State List); also on List III (Concurrent List) | Distribution of subject-wise powers |
| Article 246A | (Added by 101st Amendment) GST – Goods and Services Tax | Can legislate on inter-state GST + concurrent on intra-state GST | Can legislate intra-state GST | Special Article for GST |
| Article 247 | Power to establish additional courts for Union laws | Can establish courts (like tribunals) for better administration of Union laws | ❌ No power | Administrative support for Union laws |
| Article 248 | Residuary powers of legislation | Has exclusive power to legislate on residuary matters (subjects not in any list) | ❌ No residuary power | Parliament’s supremacy on unlisted subjects |
🧠 Quick Summary of Each Article:
| Article | 🧠 Main Idea |
|---|---|
| 245 | Who can make laws and where (territorial reach) |
| 246 | What subjects each can legislate on (3 Lists) |
| 246A | GST-specific powers (shared for intra-state, exclusive for inter-state) |
| 247 | Centre can set up extra courts for Union laws |
| 248 | Parliament can make laws on new/unlisted subjects |
🔍 Examples:
-
245: Parliament can make a cybercrime law that applies to Indians abroad.
-
246: Education is Concurrent List, so both Centre & State can legislate.
-
248: New technologies like AI or space tourism — Parliament can legislate as residuary matter.
-
246A: Both Centre and States can levy GST, but only Centre on inter-state supply.
Follow Us