What is Article 245 of Indian Constitution – Defination & Meaning

Article 245: Extent of laws made by Parliament and by the Legislatures of States (1) Subject to the provisions of this Constitution, Parliament may make laws
📅 Part XI – Relations Between the Union and the States
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Article Number

245

part

Part XI – Relations Between the Union and the States

Status

Active

Full Definition & Explanation

Article 245 of the Indian Constitution defines the powers of Parliament and State Legislatures to make laws. It allows Parliament to create laws for the entire country or specific regions, while State Legislatures can legislate for their respective states. This means that both levels of government can tailor laws to fit local needs or broader national issues efficiently. For example, if Parliament passes a law regarding air quality, it can apply to all of India, while a state may pass a law addressing local public health concerns unique to its residents. The article also clarifies that laws made by Parliament are valid even if they have extra-territorial effects. This means a law can apply to Indian citizens or entities outside India. Such provisions ensure that Indian laws remain applicable to citizens regardless of their geographic location. A real-world example is the enforcement of laws regarding Indian companies operating abroad; Parliament can legislate to ensure these companies follow Indian regulations even when they are not on Indian soil. This article affects various stakeholders, including citizens, businesses, and government entities. It promotes uniformity in law while allowing flexibility for state-specific regulations. However, it is necessary to note that laws made by States cannot contradict national laws. This structure helps maintain coherence in governance while respecting regional diversity, allowing states to address local issues effectively while still being part of a unified legal framework.

Historical Context

It allows Parliament to create laws for the entire country or specific regions, while State Legislatures can legislate for their respective states. This means that both levels of government can tailor laws to fit local needs or broader national issues efficiently. For example, if Parliament passes a law regarding air quality, it can apply to all of India, while a state may pass a law addressing local public health concerns unique to its residents. The article also clarifies that laws made by Parliament are valid even if they have extra-territorial effects.

Key Features

– Parliament can make laws for the whole of India or parts of it.
– State Legislatures have the power to legislate for their entire state.
– Laws made by Parliament are valid even if they affect areas outside India.
– This article supports a federal structure by distinguishing powers of Parliament and States.
– It allows local issues to be addressed through state-specific legislation.

Importance & Impact

– Parliament can create laws that apply nationwide or regionally
– State Legislatures can draft laws to address local needs effectively.
– Extra-territorial laws ensure Indian citizens are protected globally
– This balance helps in managing diverse regional issues across India.
– Clear demarcation of powers avoids legal conflicts between State and Central laws.

Sample UPSC Question

Which of the following statements regarding Article 245 of the Indian Constitution is correct? A) It allows only Parliament to legislate. B) State Legislatures can make laws only for the entire state. C) Parliament can create laws with extra-territorial effect. D) State laws can contradict national laws. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is C. Article 245 allows Parliament to create laws that can apply outside India, ensuring that Indian citizens are governed by these laws no matter where they are. Article 245 of the Indian Constitution defines the powers of Parliament and State Legislatures to make laws.

Key Takeaways

✓ Parliament and States can legislate for their respective areas.
✓ Laws can apply to citizens regardless of their location.
✓ State laws must align with national laws to avoid conflicts.
✓ Legislative powers are clearly defined for effective governance.
✓ This structure supports India’s federal system of governance.

FAQs

Article 245 of the Indian Constitution defines the powers of Parliament and State Legislatures to make laws. It allows Parliament to create laws for the entire country or specific regions, while State Legislatures can legislate for their respective states. This means that both levels of government can tailor laws to fit local needs or broader national issues efficiently.

Such provisions ensure that Indian laws remain applicable to citizens regardless of their geographic location. A real-world example is the enforcement of laws regarding Indian companies operating abroad; Parliament can legislate to ensure these companies follow Indian regulations even when they are not on Indian soil. This article affects various stakeholders, including citizens, businesses, and government entities.

It promotes uniformity in law while allowing flexibility for state-specific regulations. However, it is necessary to note that laws made by States cannot contradict national laws. This structure helps maintain coherence in governance while respecting regional diversity, allowing states to address local issues effectively while still being part of a unified legal framework.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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