Articles 245 and 246 form part of Part XI of the Constitution of India and explain the territorial reach of legislation and the constitutional distribution of legislative subjects between Parliament and State Legislatures.
Article 245 defines the territorial extent of legislative power. Parliament may legislate for the whole or any part of India, while a State Legislature may legislate for the whole or any part of that State, in each case subject to the Constitution.
Clause (1): Subject to the Constitution, Parliament can make laws for the whole or any part of the territory of India, and a State Legislature can make laws for the whole or any part of the State.
Clause (2): A law made by Parliament is not invalid merely because it has extra-territorial operation.
The expression extra-territorial operation means that a Parliamentary law is not rendered invalid only because its operation or legal consequences extend beyond the territory of India. The provision does not remove other constitutional limitations that may apply to legislation.
Article 246 distributes legislative competence by reference to the three lists in the Seventh Schedule. Its clauses establish the constitutional framework for subjects on which Parliament and State Legislatures may make laws.
Notwithstanding clauses (2) and (3), Parliament has exclusive power to legislate on matters enumerated in List I of the Seventh Schedule, known as the Union List.
Notwithstanding clause (3), Parliament and, subject to clause (1), a State Legislature have power to legislate on matters enumerated in List III of the Seventh Schedule, known as the Concurrent List.
Subject to clauses (1) and (2), a State Legislature has exclusive power to legislate for that State or any part of it on matters enumerated in List II of the Seventh Schedule, known as the State List.
Parliament may make laws with respect to any matter for any part of the territory of India not included in a State, even where that matter is enumerated in the State List.
Union List: List I contains subjects on which Parliament has the legislative authority specified by Article 246(1).
State List: List II contains subjects on which State Legislatures have the legislative authority specified by Article 246(3), subject to the constitutional scheme.
Concurrent List: List III contains subjects on which both Parliament and State Legislatures may legislate, subject to the Constitution, including the rules governing inconsistency between Parliamentary and State laws.
Article 245 principally answers where Parliament or a State Legislature may make a law. Article 246 principally addresses what subjects each legislature may legislate upon by connecting legislative power to the Union, State and Concurrent Lists in the Seventh Schedule.
When the validity of legislation is questioned on legislative-competence grounds, the constitutional inquiry generally requires identification of the true subject matter of the law and the relevant legislative entry, together with any other applicable constitutional provision.
For authoritative reference, consult the current Constitution of India published by the Legislative Department, Ministry of Law and Justice, and the Constitution available through India Code.
Constitution of India - Legislative Department
Constitution of India - India Code
This page is an explanatory guide. For legal use, verify the text against the latest official publication and applicable constitutional amendments and judicial decisions.