Question

With reference to the territorial extent of legislative powers in India, consider the following statements:

1. The Parliament can make extraterritorial laws applicable to Indian citizens and their property worldwide.

2. State laws are applicable only within the state’s territory unless there is a sufficient nexus with an object outside the state.

3. The President can repeal or amend parliamentary acts in relation to Union Territories like Lakshadweep.

4. The Governor of a state can exempt scheduled areas from all parliamentary laws without exception.

Which of the statements given above are correct?

• A. 1 and 2 only
• B. 1, 2, and 3 only
• C. 2 and 3 only
• D. 1, 3, and 4 only

Answer 1

Answer:

B. 1, 2, and 3 only

Territorial Extent of Legislative Powers in India

Parliament's Extraterritorial Legislation

• The Indian Parliament possesses the power to enact laws that apply beyond the geographical boundaries of India. This is explicitly stated in Article 245(2) of the Constitution.

• Such laws can apply to Indian citizens and their property located anywhere in the world. This ensures that Indian law can govern the conduct of its citizens even when they are abroad, and also deal with their assets.

• This power is crucial for regulating matters like international finance, crime, and the rights and duties of Indian nationals residing overseas.

State Legislative Powers and Territorial Nexus

• As per Article 245(1), a State Legislature can make laws for the whole or any part of the State. Generally, State laws are intended to operate only within the territorial limits of that state.

• However, a State law can have an extraterritorial application if there is a 'sufficient nexus' or 'territorial nexus' between the State and the object, person, or thing located outside its territory.

• The doctrine of Territorial Nexus means there must be a real and substantial connection between the subject matter of the legislation and the State for the law to be validly applied extraterritorially. For instance, a state can levy tax on income accruing outside the state if the business generating that income is controlled or managed from within the state.

President's Regulatory Power over Union Territories

• Article 240 of the Constitution grants the President of India the power to make regulations for certain Union Territories (UTs) to ensure their peace, progress, and good governance.

• The UTs covered under this power include: Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry (specifically from the date of its formation as a UT).

• These regulations made by the President have the same force and effect as an Act of Parliament. Importantly, the President has the authority to repeal or amend any Act of Parliament or any other existing law that applies to these specific Union Territories. This is a significant legislative power vested in the executive head for these areas.

Governor's Power in Scheduled Areas (Fifth Schedule)

• The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the Sixth Schedule).

• Paragraph 5(1) of the Fifth Schedule empowers the Governor of a state, by public notification, to direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State, or shall apply subject to such exceptions and modifications as he may specify.

• This power is not absolute to exempt 'all' parliamentary laws without exception. The Governor's discretion is limited to 'any particular Act' and allows for 'exceptions and modifications,' not a blanket exemption of all central laws.

• The Governor exercises this power on the advice of the Council of Ministers, and typically after consulting the Tribes Advisory Council