Doctrine of Territorial Nexus in the Contemporary Legal Era

  • Shaanya Shukla and Yash Dewan
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  • Shaanya Shukla

    Student at Amity Law School, Noida, India

  • Yash Dewan

    Student at Amity Law School, Noida, India

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Whenever we talk about federalism the most important factor that comes to our mind is the distribution of power. The principal objective of a federal state entails the division of powers and authority between the national government and the governments of the respective states. The term territorial defines the locality and the nexus of the connection between states and objects. The doctrine of territorial nexus is addressed under art. 245 of the Constitution of India. Art. 245 (1) states that Parliament may make laws on all or a certain part of the territory of India and the State legislature may make laws of all or a certain part of the State. If there is any extra-territorial operation of the state law, it will be void. Legislation enacted by a state legislature does not apply outside the state unless there is an association between the state and the object. The court has no jurisdiction to question the legislature on the application of the rules regarding the additional use of jurisdiction. The issue of devolution of power in respect to the territory is dealt with in a list under Schedule 7 of the Constitution. Parliament is empowered to enact laws within the Indian subcontinent as well as external territories with links within India. Under tax laws, the sale or purchase does not have to take place within the realm of the state. For the applicability of the doctrine, the object does not need to be located within the state area but must have a sufficient connection to the state.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1459 - 1471


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