Article 245 of CoI : Article 245: Extent of laws made by Parliament and by the Legislatures of States.
CoI
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Explanation using Example
Example 1:
Scenario: The Parliament of India passes a law regulating the use of plastic bags across the entire country.
Application of Article 245:
- According to Article 245(1), the Parliament has the authority to make laws for the whole of India. Therefore, the law regulating plastic bags is valid and applicable throughout the country, including all states and union territories.
- If a state like Maharashtra wants to implement stricter regulations on plastic bags within its territory, it can do so under the same Article, as the Legislature of a State may make laws for the whole or any part of the State.
Example 2:
Scenario: The Parliament of India enacts a law that affects Indian citizens living abroad, such as a law on taxation of income earned by Indian citizens in foreign countries.
Application of Article 245:
- According to Article 245(2), no law made by Parliament shall be deemed invalid on the ground that it has extra-territorial operation. This means that the law on taxation of income earned by Indian citizens abroad is valid, even though it affects individuals outside the territory of India.
- For instance, if an Indian citizen is working in the United States and earns income there, the Indian law on taxation can still apply to that income, and the citizen may be required to pay taxes to the Indian government.
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