ARTICLE 245- EXTENT OF LAWS MADE BY PARLIAMENT AND BY THE LEGISLATURES OF STATES
ARTICLE 245(1)- Parliament may make laws for the whole or any part of the State to which it belongs.
ARTICLE 245(2)- A law made by Parliament shall not be deemed to be invalid on the ground that it has extra-territorial operation.
The Doctrine of Territorial Nexus is a principle enshrined in the Indian Constitution that allows state laws to have extraterritorial application, provided there is a sufficient connection or nexus between the state and the object or subject of the law. This doctrine is rooted in Article 245 of the Constitution, which outlines the extent of laws made by the Parliament and by the Legislatures of States.
Here’s a brief overview of the doctrine:
TERRITORIAL JURISDICTION
Under Article 245(1), both the Parliament and the State Legislature have the power to make laws for their respective territories. This is known as territorial jurisdiction.
EXTRA TERRITORIAL OPERATION
Article 245(2) allows the Parliament to enact laws that have extraterritorial operation, meaning they can apply beyond the geographical boundaries of India. However, the State Legislatures do not have this power explicitly.
DOCTRINE OF TERRITORIAL NEXUS
The doctrine of territorial nexus says that laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between the state and the object.
Article 245 makes it clear that the laws made by a state legislature are not applicable outside the state. However, there is one exception to this general rule i.e., extra-territorial legislation made by a state legislature is valid when there is a sufficient nexus between the state and the object.
According to the doctrine of territorial nexus, the object to which state law applies need not be physically located within the State territory, but it requires that there should be sufficient nexus or connection between the state and the subject matter of the Law. Thus, this means that a state law having Extra-territorial operation is held valid by applying the doctrine of territorial nexus.
CONCLUSION
Several landmark cases have shaped the understanding and application of the doctrine of territorial nexus, providing clarity on what constitutes a sufficient nexus to justify the extraterritorial application of a state law.
In conclusion, the Doctrine of Territorial Nexus is a critical aspect of India’s federal structure, allowing states to exercise their legislative powers in a manner that respects the quasi-federal nature of the Constitution while also acknowledging the interconnectedness of states and their activities beyond physical borders.