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Territorial Nexus

The document discusses the territorial nexus doctrine in India. It elaborates on how legislative powers are divided between the union and states under articles 245 and 246 of the Indian constitution. It also outlines important cases related to the territorial nexus doctrine and how the courts have applied the doctrine to determine if a sufficient nexus exists for a law to have extraterritorial application.

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43 views5 pages

Territorial Nexus

The document discusses the territorial nexus doctrine in India. It elaborates on how legislative powers are divided between the union and states under articles 245 and 246 of the Indian constitution. It also outlines important cases related to the territorial nexus doctrine and how the courts have applied the doctrine to determine if a sufficient nexus exists for a law to have extraterritorial application.

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aayushiminj11
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We take content rights seriously. If you suspect this is your content, claim it here.
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TERRITORIAL NEXUS

This article is written


By Aayushi Minj
(Territorial Nexus)
Guru Ghasidas Vishwavidyalaya
Central University ,Chhattisgarh

ABSTRACT

Territorial Nexus is a term that is elaborated in the article 245 of the


Indian Constitution that tells us how legislative powers are put into
different parts. It also determines some restrictions in legislative
powers upon the union and the state through the territorial angle , if
we look into the dept of legislation in territorial nexus it’s the article
246 that is important because it determines the power among the
union and the state . it divides the union and state powers into 3
parts that are :
 Concurrent list : It has 47 subjects that lead us to criminal
procedures ,labour disputes , protection for wild birds and
animals etc.
 Union list : This list includes 100 subjects that are important on
national levels . It provides all the things that are important for
law making for state in any matter described in schedule seven.
 State list : the power of making laws are in hands of parliament
in any matter that is related to state.
DOCTERINE OF TERRITORIAL NEXUS

The doctrine says that laws made by state legislature are not
applicable outside the state, except when there is a sufficient nexus
between the state and the object.

CONSTITUTIONAL PROVISION

The doctrine derives its powers from article 245bof the Indian
Constitution.
Article 245(2) provides that no law made by the parliament would be
invalid on the ground that it would be have extra territorial operation
that takes effect outside the’ territorial operation ‘ territory of India .

IMPORTANT JUDGEMENT
Case – Wallace v/s Income tax commission, Bombay
1. There was a co. registered in England & powers partners firm in
India.
2. The Indian Income tax authorities wanted to impose tax on
entire income.
3. The privy council applied the doctrine 4 held that the law of tax
valid.
4. They said that there is sufficient connection as major part of
income of the company is from British India.
Case – State of Bombay v/s RMDC (AIR 1957 SC 699)

1. Bombay state received a tax on lotteries and prize


competition.
2. The tax was extended to newspaper printed and published in
Bangalore but had wide circulation in Bombay.
3. Prize competition was conducted was conducted by the
newspaper.
4. The court held that there is sufficient nexus to enable
Bombay state to tax the newspaper.

Case – Sundar Gopal v/s Sundar Rajani (AIR 2013 SC 2678)


1. The producing was of judicial separation by the wife
against the husband.
2. Husband questioned the maintainability of petition on
the ground that they both acquired Swedish
Citizenship.
3. Wife pleaded she never changed her domicile.
4. Husband contended that wife will follow husband’s
domicile but it was found by court both domiciled in
India.
5. Section 1(2) of the Hindu Marriage Act which extends
to all Hindu having domicile of India even they reside in
other country.
6. So, there is sufficient nexus and petition was
maintainable.
TERRITORIAL NEXUS IN INDIA

As we speak of article 245 of The Constitution of India, it clearly


states that the legislative powers are upon the parliament as well as
on the state legislature so that they can make laws with respect to
the territory. The legislature have the power to enforce
extraterritorial operations in case there is efficient amount of nexus
in India.

These laws are so efficient that they can’t be questioned or held


disapproved.

CONCLUTION

As we have seen that there are two sides of the legislature power
that are among the centre and the state. Although having a supreme
and federal state the powers also need to be distributed among the
union and the centre. In this dual partnership between the state and
union parliament takes all the power to make laws for any territorial
tasks.
Taking about exceptions there is one exception that allows state to
make laws for any extra territorial activity. The ultimate path of
territorial nexus is so wide and has the power to be applies in other
parts outside the jurisdiction of India.
REFERENCE

1. A class by judiciary academy https://youtu.be/SgEDKlpufVc?


si=F93yToVzPJyZJ9uv
2. An report by
https://blog.ipleaders.in/doctrine-of-territorial-nexus/

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