Article 245 in Constitution of India
245. Extent of laws made by Parliament and by the Legislatures of States
(1) Subject to the provisions
whether the Parliament's powers to legislate, pursuant to Article
245 , include legislative competence with respect to aspects or
causes that occur, arise ... note the text of Article 245 and Article 1
at this stage itself:
" Article 245. Extent of laws made by Parliament
Article 246 , thus, provides for distribution, as between
Union and the States, of the legislative powers which are conferred by
Article 245. Article 245 begins ... deals with conferment of legislative powers whereas
Article 246 provides for distribution of the legislative powers.
Article 245 deals with extent of laws whereas Article
more States, or otherwise. Article 4 reads:
" Article 4: -- "(1) Any law referred to in Article 2 or Article 3 shall contain such ... Article 368".
A conspectus of the above Articles leaves us in no doubt about the supremacy of Parliament's powers. Article 245 deals
States under Chapter 1, distribution of Legislative Powers, through Article 245 , the extent of laws made by Parliament and by the Legislatures of States ... been provided and this Article 245 is reproduced as under:
"245. Extent of laws made by Parliament and by the Legislatures of States
beyond the legislative competence of the State Legislature and ultra vires Articles 245 , 246 , 304 (a) read with Entry 52 of List
Smt. Anandavally.M.K vs Dr. P.G.Jairaj on 14 March, 2011
IN THE
Parliament and the State is provided in defined and described by Articles 245 , 246 , 247 and 248 and this power which has been conferred under ... Articles 245 to 248 etc., is subject to the control by other provisions of the Constitution which may include Article
District Court, Pathanamthitta. The
learned counsel submitted that in view of Article 245 of the
Constitution of India, legislature of a State can enact laws ... Constitution which saves State laws with extra
territorial operation, similar to Article 245(ii) which expressly
saves Union laws with extra territorial operation, enacted
competence of a State
Legislature is derived from Article 246 read with the Lists.
Under article 245(2) Parliament is given power to enact
legislation ... article 286 did not
apply, Bihar is not competent to tax on a reading of article
246(3) , Entry 54, List II and article