Consider the following statements with reference to territorial extent of Central and State Legislation: The Parliament is empowered to make ‘extra- territorial legislation’ with absolute jurisdiction. A state legislature can make laws for the whole or any part of the state. Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)NoneCorrect answer is option 'B'. Can you explain this answer?

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Consider the following statements with reference to territorial extent of Central and State Legislation:

The Parliament is empowered to make ‘extra- territorial legislation’ with absolute jurisdiction.

A state legislature can make laws for the whole or any part of the state.

Which of the above statements is/are correct?

a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None

Correct answer is option 'B'. Can you explain this answer?

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Consider the following statements with reference to territorial exten...

Territorial Extent of Central and State LegislationStatement 1: The Parliament is empowered to make ‘extra-territorial legislation’ with absolute jurisdiction.- This statement is partially correct. The Parliament can indeed make laws that apply outside the territory of India, but its jurisdiction is not absolute.- The Parliament can only make such laws if they relate to matters that fall under its legislative competence, as specified in the Constitution. For example, the Parliament can make laws on the regulation of shipping and navigation, even if they apply to foreign vessels in international waters or in the territorial waters of other countries.- However, the Parliament cannot make laws that violate the principles of international law or the sovereignty of other nations. It also cannot make laws that are in conflict with the jurisdiction of other countries or their domestic laws.Statement 2: A state legislature can make laws for the whole or any part of the state.- This statement is correct. The state legislature has the power to make laws that apply to the whole state or to any part of it.- However, the state legislature's power to make laws is limited to matters that fall under its legislative competence, as specified in the Constitution. The state legislature cannot make laws on matters that are exclusively reserved for the Parliament or that fall under the concurrent list, where both the Parliament and the state legislature have the power to make laws.- Additionally, the state legislature cannot make laws that are in conflict with the laws made by the Parliament or that violate the fundamental rights of citizens guaranteed by the Constitution.Conclusion:- Both statements are partially correct, but statement 2 is fully correct while statement 1 has some limitations on the Parliament's jurisdiction in making extra-territorial laws.

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Consider the following statements with reference to territorial exten...

The Parliament alone can make ‘extra- territorial legislation’ but it is subjected to some territorial restrictions. Enrich Your Learning: Territorial Extent of Central and State Legislation: The territorial limits of the legislative powers vested in the Centre and the states are defined as

(i) The Parliament can frame laws for the whole or any part of India. The territory of India includes the states, the union territories, and any other area included in the territory of India.

(ii) A state legislature can make laws for the whole or any part of the state. The laws made by a state legislature are inapplicable outside the state, except when there is a sufficient nexus between the state and the object.

(iii) The Parliament alone can make ‘extraterritorial legislation’, which implies the laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world.

However, the Constitution places certain restrictions on the territorial jurisdiction of the Parliament and its laws are not applicable in the following areas:

a) The President can make or repeal any regulations for the peace, progress and welfare of the four Union Territories-the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. The regulation thus made has the same effect as an act of Parliament.

b) The governor can direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.

c) The Governor of Assam may direct that an act of Parliament does not apply to tribal areas (autonomous districts) in the state or apply with specified modifications and exceptions. The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura and Mizoram.

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Consider the following statements with reference to territorial extent of Central and State Legislation: The Parliament is empowered to make ‘extra- territorial legislation’ with absolute jurisdiction. A state legislature can make laws for the whole or any part of the state. Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)NoneCorrect answer is option 'B'. Can you explain this answer?

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