Article 245: Extent of laws made by Parliament and by the Legislatures of States

Leading cases

• I.C. Golak Nath v. State of Punjab (1967)By 6:5, the Court held that Parliament cannot amend the Constitution so as to take away or abridge fundamental rights, rejecting Sankari Prasad and Sajjan Singh, but left existing amendments in force and dismissed the petitions.

Questions on this article

7 questions in 12 of our papers cite Article 245. Try these from the free papers:

1. 1. Match List I (Article) with List II (Subject) and select the correct code: List I A. Article 245(2) B. Article 247 C. Article 246(4) D. Article 255 List II 1. Parliament may make laws for any part of India not included in a State, even on a matter in the State List 2. No law made by Parliament is invalid on the ground of extra-territorial operation 3. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only 4. Power of Parliament to provide for the establishment of additional courts for better administration of its laws

   A.A-2, B-4, C-1, D-3B.A-2, B-1, C-4, D-3C.A-3, B-4, C-1, D-2D.A-1, B-4, C-2, D-3
   Show answer

2. 2. A company incorporated in State M runs a prize competition through a newspaper printed and published in State M. The newspaper circulates widely in State B, where the company sets up depots to collect entry forms and fees. State B's legislature, acting on a subject in its List, levies a tax on the promoters for sums collected from State B. The levy is challenged as beyond State B's territory. As held in State of Bombay v. R.M.D. Chamarbaugwala (1957), the levy is:

   A.invalid, as only Parliament may tax activities spread over two StatesB.valid, as there is a sufficient territorial nexus with State BC.valid, but only after the President assents under Article 254(2)D.invalid, as a State law can never operate on persons outside it
   Show answer