CiteTEXT
...to be used.3. The central constitutional themes before us relate to whether Parliament's powers to legislate, pursuant to Article 245, include legislative competence with...the powers to legislate “for” any territory, other than the territory of India or any part of it?7. It is necessary to note the text of Article 245 and Article...referred to a Constitutional Bench. After conclusively determining that clauses (1) and (2) of Article 245, read together, impose a requirement that the laws made by Parliament should bear a nexus with India...
...in India may make laws which operate extra-territorially. Article 245(1) of the Constitution prescribes the extent of laws made by Parliament. They may be made for the whole or any part of the...territory of India. Article 245(2) declares that no law made by the Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation. Therefore, a Parliamentary statute...no competence to make the law. It will be noted that Article 245(1) empowers Parliament to enact law for the whole or any part of the territory of India. The provocation for the law must be found...
...find place in Chapter I of Part XI.35. Article 245 deals with extent of laws made by Parliament and by the legislatures of States. The verb “made”, in past tense, finds...place in the Head Note to Article 245. The verb “make”, in the present tense, exists in Article 245(1) whereas the verb “made”, in the past tense, finds place in Article 245(2). While the legislat...power is derived from Article 245, the entries in the Seventh Schedule of the Constitution only demarcate the legislative fields of the respective legislatures and do not confer legislative power as...
...purport of Articles 245 and 246:
"35. Article 245 deals with extent of laws made by Parliament and by the legislatures of States. The verb...
"made", in past tense, finds place in the Head Note to Article 245. The verb "make", in the present tense, exists in Article 245(1) whereas the verb..."made", in the past tense, finds place in Article 245(2). While the legislative power is derived from Article 245, the entries in the Seventh Schedule of the Constitution only...
...Article 245. That Article provides:“(1) 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...field with regard to that subject under Article 245(1). Again, turning to Article 372(1) although the laws in force prior to the coming into force of the Constitution have...force of the Constitution, and this argument is based on the terms of Article 372. That Article provides:“(1) Notwithstanding the repeal by this Constitution of the enactments referred to...
...mind. Under Article 245 Parliament makes laws for the whole or any part of the territory of India and the Legislatures of the States for the whole or part of their respective States. The subject...M. Hidayatullah, C.J— These six appeals by certificate under Article 132(1) of the Constitution are filed against the decision of the High Court of Mysore, declaring that..., the State law remains inoperative but becomes operative once the Parliamentary law, throwing it into shadow, is removed. Then there is the declaration in Article 248 of the residuary powers of...
...Article 245 of the Constitution, which reads:“(1) 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.”Article 245 is, therefore, subject to Article...fasli. On 30-9-1955, the respondent filed a petition before the High Court under Article 226 of the Constitution for quashing the said order on the ground that the Additional Collector, Banaras, had no...
....5. Both these provisions, namely, Sections 123(5) and 124(5), were challenged as ultra vires Article 19(1)(a) of the Constitution. It was contended that Article 245(1) prohibits the...
...down therein.26. Uninfluenced by any foreign doctrines let us look at the provisions of our Constitution. Under Article 245, “subject to the provisions of the...Parliament, unless there is anything contrary in the Constitution, certainly takes in the power to amend the Constitution. It is said that two Articles indicate the contrary intention. As Article 245, the...amending it, as the power of Parliament to make a law is subject to the said Article. It may well be that in a given case such a limitation may also necessarily be implied. The limitation in Article 245 is...
...created a new Central Legislature for the Union called Parliament and empowered that legislature by Article 245 “to make laws for the whole or any part of the territory of India subject to the...certain powers of legislation, the Constitution operated retrospectively. The legislative powers conferred upon Parliament under Article 245 and Article 246 read with List I of the Seventh Schedule could...reference to the “terms of the instrument by which, affirmatively, the legislative powers were created and by which, negatively, they were restricted” (Queen v. Burah). Article 245 of the...
...List I and Entry 41 of List II. It is not disputed that Parliament can make law for the organization of the police and for the prevention and detection of crime. But under Article 245 of the...Parliament or the Legislature a power higher than that conferred on them under Article 245 of the Constitution? It only preserves the power of the Legislature, which it has under the Constitution, to make a...law conferring functions on an authority subordinate to the Governor. That power under Article 245 is not unlimited, but is subject to the provisions of the Constitution and therefore subject to...
...necessary to do so to make the effect of the section correspond to provisions of Article 245(1) of the Constitution. We think that the Punjab High Court has clearly erred in interpreting Section 3 in...contravene Article 245 (1) of the Constitution was also raised in the High Court, but, the High Court left this question open as it held in favour of the assessee on the first question. As the first...provisions of Article 276 of the Constitution does not tax any person, under the scale laid down in the schedule, to an extent more than Rs 250 per annum. Nevertheless, it is clear, by reading the...
...the State [Article 245(1)]. It has exclusive power to make laws with respect to any of the matters enumerated in List II of the Seventh Schedule to the Constitution. Subject to any law made by the...31). Only the Parliament has that power [Article 245(3)]. Charusila Dasi 1959 Supp 2 SCR 601...
...Tribunal's view that Rule 5 was repugnant to Section 9 of Births, Deaths and Marriages Registration Act, 1886 is wholly misconceived. Under Article 245 read with Entry 41, List II of Seventh Schedule...(Recording and Alteration of Date of Birth) Rules, 1984 framed under the Proviso to Article 309 of the Constitution. Thereupon the respondent made yet another attempt by making application on January...legislative power conferred on the Governor under the Proviso to Article 309 of the Constitution. Rules 4 and 5 are as under:“4. No government employee, in service before the...
...Article 265 itself inevitably takes in Article 245 of the Constitution when in substance it says that a tax shall be levied by authority of law. The authority of law to which it refers and under which...alone a tax can be levied is to be found in Article 245 read with the corresponding legislative entries in Schedule VII. Now, if we look at Article 245 which deals with the extent of laws made by...tax laws are governed by the provisions of Part XII alone cannot be accepted. The power to levy taxes is ultimately based on Article 245, and the said power in terms is subject to the provisions of...
...Parliament and the State Legislatures to legislate by reference to territorial limits is defined by Article 245. The subject-matters with respect to which those powers can be exercised are enumerated in the...are divided in Article 245. Generally speaking, a legislation having extraterritorial operation can be enacted only by Parliament and not by any State Legislature; possibly the only exception being...a substantial question of law as to the interpretation of the Constitution under Article 132. The appeal has been filed pursuant to the certificate so granted by the High Court. On 4-10-1991, a Bench...
...do not express any opinion and whatever may be the view expressed in the aforesaid two decisions, the position in law after the coming into force of Article 245-A of the...Constitution comprised in Part IX of the Constitution relating to Panchayats, there is no scope left for the High Court in exercise of its jurisdiction under Article 226 of the...Constitution to interfere with the process of election. Acceptance or rejection of nomination papers is one of the stages of election process. Clause (b) of Article 243...
...) and (2) of Article 245, read together, impose a requirement that the laws made by Parliament should bear a nexus with India, the three-Judge Bench in ECIL 1989 Supp (2) SCC...India as a limitation on the powers of Parliament to enact laws pursuant to clause (1) of Article 245 of the Constitution. The Court adverted to the ratio in ECIL 1989 Supp...of Article 245, analysed the constitutional topological space of Article 245 and the wider structural analysis of Article 245 in the context of Article 260 and came to hold thus: (GVK Ind...
...commerce” under Article 301 of the Constitution and the States' authority to levy taxes under Articles 245 and 246 of the Constitution read with the appropriate legislative entries in the Seventh Schedule...taxes under Article 245 and Article 246 of the Constitution read with the appropriate legislative entries in the Seventh Schedule, particularly in the context of movement of trade and commerce..., Kapadia, J., was a party, the Division Bench of this Court found that some of the High Courts before which the State entry tax stood challenged had taken the view that clause (a) and clause (b) of Article...
...argument is wholly untenable. The principles of natural justice cannot be imported in the matter of legislative action. If the legislature in exercise of its plenary power under Article 245 of the...on the ground that the holidays, national and festival, so increased were violative of the Fundamental Right guaranteed to them under Article 19(1)(g) to carry on their trade, business or profession...basis for such increase which has compelled the appellants to pay to their labour and other employees salary even for closed days on which they do not work.3. Article 19(1)(g...