Though the Centre and the States are supreme in their respective fields, the Constitution places certain limitations on the territorial jurisdiction of the Parliament. Discuss the limitations on the territorial jurisdiction of the Parliament.
Hints: The Constitution of India, being federal in structure, divides all powers, i.e., legislative, executive and financial between the Centre and the states. The Constitution contains elaborate provisions to regulate the various dimensions of the relations between the Centre and the states. The Centre-State relations can be analyzed under three heads:
• Legislative relations.
• Administrative relations.
• Financial relations.
Limitation to the territorial Jurisdiction of the Parliament:
The Constitution defines the territorial limits of the legislative powers vested in the Centre and the states in the following way:
• 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.
• The Parliament alone can make ‘extra-territorial 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 some restrictions on the plenary territorial jurisdiction of the Parliament. There are some areas where laws of Parliament are not applicable:
• The President can make regulations under Article 240 for the peace, progress and good government of the four Union Territories—the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu.
• A regulation, so made, has the same force and effect as an act of the Parliament. It may also repeal or amend any act of Parliament in relation to the Union Territories.
• 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 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 (sixth schedule)
Conclusion: It is obvious that the above provisions have been inserted in view of the backwardness of the specified areas to which the indiscriminate application of the general laws might cause hardship or other injurious consequences
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