legislative competence of the State to
make that law under Article 246 of the Constitution.
The second ground is it has to be only ... ground is limitation expressed by the
Constitution under Article 288 and 304A and 192.
Article 245 of Constitution of India speaks about the
extent
considering various issues related to
the cases in hand. They are Articles 245 , 246 and 254 of the Constitution
and Entries ... List II and Entry
33 of List-III.
33. Article 245 of the Constitution, which is in Part XI of
the Constitution, pertaining to relations
List II of the Seventh Schedule to and Article 14 , 19(1)(g) and 245 of the Constitution of India ... List II of the Seventh Schedule to and Article 14 , 19(1)(g) and 245 of the Constitution of India
Karnataka ,
both decided on 9th August, 2011.
Thereafter, he placed Article 245 , 246 and 254 of the Constitution of India
together with entry ... Concurrent list and part of the same schedule. Placing Article 245 he
contended that parliament may make laws for the whole or any part
court. The legislative function consists
in "making" law [see: Article 245 of the
Constitution] and not in "declaring" what ... view of source of power flowing
from Article 245 and 246 of the Constitution of
India read with entry 25 in the concurrent list
proper appreciation of the contention raised by the writ petitioners. Articles 245 to 255 of the Constitution of India deal with legislative powers ... Legislature have concurrent jurisdiction to make laws in the occupied field. Article 245 stipulates that subject to the provisions of the Constitution, Parliament may make
extract observations from Kesoram Industries:
"31. Article 245 of the Constitution is the fountain
source of legislative power. It provides -- subject to
the provisions ... laws are
governed by Part XII and Part XIII. Article 265
takes in Article 245 when it says that the tax shall
be levied
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 ... powers vested in Parliament and
the State Legislatures are divided in Article 245.
Generally speaking, a legislation having extra territorial
operation can be enacted only
Constitution. A mere reference to the provisions of Article 13 (2) and Articles 245 and 246 is sufficient to indicate that there is no competency ... Article 13 (2). That power can only be exercised subject to the
prohibition contained in Article 13 (2). On the construction of Article
that the legislative power to levy customs duties is traceable to Articles 245 and 246 read with Entry 83 of List I of Schedule ... nature of tax on inter-state sale of goods, under Articles 245 , 246 and 269 (3) , read with Entry 92 A, List I, Schedule
