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
Smt. Anandavally.M.K vs Dr. P.G.Jairaj on 14 March, 2011
IN THE
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
desirable that we advert to those Articles and entries. The Articles referred are 245, 246 and 248 in Part XI of the Constitution dealing with ... Union and the States, as also Distribution of Legislative powers. Article 245(1) provides;
"Subject to the provisions of this Constitution, Parliament may make
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
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
avoid a conflict. If the conflict
becomes unavoidable, then Article 245 indicates
the manner of resolution of such a conflict.
11. Thus, the question ... virtue of the non-
obstnte clause in Article 246 (1). in the second,
by reason of Article 245 (1) , Clause (2) of Article
245 deals
scheme of the Constitution regarding the distribution of legislative powers under Article 245 , any Act amending a statute, and imposing a tax can
only ... this Constitution". That, in my view, will also
take in Articles 245 and 246 of the Constitution.
I have already stated that according
stipulations in Article 301 of the Constitution. It is so held in State of Karnataka v. Hansa Corporation . Article 245 of the Constitution can also ... articles from the State or transit within the. State cannot be said to have extra territorial application as to offend Article 245 of the Constitution
legislation. The
source of legislative power has to be traced to Article 245. Article
246 of the Constitution, effects a complete separation of the taxing ... power to tax is to be sourced to the Constitution; to Article
245 and the fields of taxation determined from the three lists
under
