Articles 245 & 246 of Constitution of India
1. Article 245 – Extent of Laws Made by Parliament and State Legislatures
Text (Summary)
Article 245 defines the territorial extent of legislative powers of Parliament and State Legislatures.
Parliament or State Legislature can make laws for the whole or any part of India, subject to the provisions of the Constitution.
Laws must respect the distribution of powers under Article 246.
Key Features
Territorial Jurisdiction
Parliament: Can make laws for the whole of India or any part thereof.
State Legislatures: Can make laws for their respective states or any part of it.
Subject Matter Limit
Must comply with Article 246 (Union, State, Concurrent Lists).
Supremacy of Constitution
No law can contradict the Constitution.
Leading Case Laws
State of Bombay v. R.M.D. Chamarbaugwala (1957)
Supreme Court held that Parliament can make laws for the whole of India, but they must conform to the Constitution.
Union of India v. H. Siddique (1971)
Reaffirmed the principle that territorial extent of legislation must follow Article 245 and respect State autonomy.
2. Article 246 – Subject Matter of Laws Made by Parliament and State Legislatures
Text (Summary)
Article 246 deals with the distribution of legislative powers between Parliament and State Legislatures.
It specifies the Union List, State List, and Concurrent List under the Seventh Schedule.
Key points:
Clause 1: Parliament has exclusive power to make laws for the Union List.
Clause 2: State Legislatures have exclusive power to make laws for the State List.
Clause 3: Both Parliament and State Legislatures can make laws on the Concurrent List.
Clause 4: In case of conflict on Concurrent List, Union law prevails.
Key Features
Division of Powers
Ensures federal balance between Union and States.
Union List (List I) – Defense, foreign affairs, atomic energy, etc.
State List (List II) – Police, public health, agriculture, local government, etc.
Concurrent List (List III) – Education, marriage and divorce, bankruptcy, etc.
Leading Case Laws
State of West Bengal v. Union of India (1963)
Explained supremacy of Union law on Concurrent List in case of conflict.
S.R. Bommai v. Union of India (1994)
Emphasized that distribution of powers under Article 246 is essential for federalism, and State autonomy must be respected.
State of Rajasthan v. Union of India (1977)
Clarified the scope of Parliament’s power on State List subjects during emergency (Article 249).
3. Relationship Between Articles 245 and 246
| Aspect | Article 245 | Article 246 |
|---|---|---|
| Focus | Territorial extent of legislation | Subject-matter allocation of legislation |
| Scope | Parliament: Whole of India / any part; States: respective states | Union List, State List, Concurrent List |
| Limitation | Must comply with Article 246 | Must comply with the Seventh Schedule |
| Purpose | Defines where laws apply | Defines on what subjects laws can be made |
| Case Example | State of Bombay v. Chamarbaugwala | S.R. Bommai v. Union of India |
Conclusion
Article 245 ensures that laws made by Parliament or State Legislatures have a valid territorial extent, while
Article 246 ensures that laws are made on subjects within their legislative competence.
Together, these Articles maintain the federal balance in India, preventing overreach by either Union or States while ensuring legislative authority is exercised constitutionally.
RELATED Blog
0 comments