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Option 4 : Both 1 and 2
The correct answer is Both 1 and 2.
- Territorial Extent of Central and State Legislature
- The Parliament can make laws for the whole or any part of the territory of India
- The territory of India includes the states, the union territories, and any other area for the time being included in the territory of India
- A state legislature can make laws for the whole or any part of the state
- The 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
- The Parliament alone can make ‘extraterritorial legislation’
- Thus, the laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world
- However, the Constitution places certain restrictions on the plenary territorial jurisdiction of the Parliament.
- In other words, the laws of Parliament are not applicable in the following areas:
- The President can make regulations for the peace, progress, and good government of the four Union Territories like the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu.
- The governor is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.
- The Governor of Assam may likewise direct that an act of Parliament does not apply to a tribal area (autonomous district) in the state or apply with specified modifications and exceptions.
- The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura, and Mizoram.
Articles related to Centre-State Legislative Relations
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Article No. |
Subject Matter |
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Article 245 |
Extent of laws made by Parliament and by the legislature of States |
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Article 249 |
Power of Parliament to legislate with respect to a matter in the state list in the National interest |
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Article 250 |
Power of Parliament to legislate with respect to any matter in the state list if a Proclamation of Emergency is in operation |
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