Introduction

Article 245 of the Indian Constitution deals with the extent of laws made by the Parliament and the Legislatures of States. It defines the authority and jurisdiction of both the central and state legislatures in enacting laws.

Article 245: An Overview

Article 245 states that the Parliament has the power to make laws for the whole or any part of the territory of India. Similarly, the State Legislatures have the power to make laws for the respective states or any part thereof.

However, there are certain limitations to this power. The laws made by the Parliament should not encroach upon the legislative powers of the State Legislatures, and vice versa. The Constitution provides for a clear demarcation of powers between the central and state legislatures to ensure a harmonious functioning of the federal system.

Extent of Laws Made by Parliament

The Parliament has the power to make laws for the whole or any part of the territory of India. This means that the laws enacted by the Parliament are applicable throughout the country, unless specified otherwise. The laws made by the Parliament can override any conflicting laws made by the State Legislatures.

However, there are certain subjects on which the Parliament has exclusive jurisdiction to legislate. These subjects are listed in the Union List, which is a part of the Seventh Schedule of the Constitution. Some examples of subjects in the Union List include defense, foreign affairs, atomic energy, and banking.

In addition to the Union List, there is also a Concurrent List, which contains subjects on which both the Parliament and the State Legislatures can make laws. In case of a conflict between a central law and a state law on a subject in the Concurrent List, the central law prevails.

Extent of Laws Made by State Legislatures

The State Legislatures have the power to make laws for their respective states or any part thereof. The laws made by the State Legislatures are applicable only within their territorial jurisdiction and cannot override any conflicting laws made by the Parliament.

The State Legislatures have the power to legislate on subjects mentioned in the State List, which is also a part of the Seventh Schedule of the Constitution. Some examples of subjects in the State List include police, public health, agriculture, and local government.

It is important to note that if a subject falls under both the Union and State Lists, and if a law has been enacted by the Parliament on that subject, then the State Legislature cannot make a law on that subject, unless it has been authorized to do so by the Parliament.

Power to Make Laws in Union Territories

Article 245 also extends the power of the Parliament to make laws for Union Territories. The President, with the aid and advice of the Council of Ministers, has the authority to make laws for Union Territories through regulations. These regulations have the same effect as laws made by the Parliament.

However, the State Legislatures do not have the power to make laws for Union Territories. The administration and governance of Union Territories are carried out by the President, acting through an Administrator appointed by him/her.

Conclusion

Article 245 of the Indian Constitution plays a crucial role in defining the extent of laws made by the Parliament and the State Legislatures. It ensures that there is a clear demarcation of powers between the central and state legislatures, thereby maintaining the federal structure of the country.

While the Parliament has the power to make laws for the entire country, the State Legislatures have the power to make laws for their respective states. The Constitution also provides for a Union List and a Concurrent List, which specify the subjects on which the Parliament and the State Legislatures can legislate.

By understanding the provisions of Article 245, we can appreciate the balanced distribution of legislative powers between the central and state governments, which is essential for the smooth functioning of our democratic system.