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Saturday, September 17, 2011

Q. What do you understand by Legislative Jurisdiction?

Ans. The notion of Legislative Jurisdiction implies as to what extent or territorial jurisdiction, the laws made by a Legislature shall be effective. The law made by Parliament is effective in all parts of the territory of India. According to Article 245(1) the Union Parliament shall haw power to enact laws with respect to the whole territory of India or a pan of it. However, Article 245(2) declares that any law made by Parliament shall not be invalidated on the ground that it is applicable beyond the territorial area of India. Parliament has right to make laws not only with respect to Indian citizens living in India but also with respect to those Indian citizens who reside outside the country.
The Legislative Jurisdiction of State Legislatures extends upto the territorial area of that State. In the case of Cochin Vs. States of Madras and Kerala (1960), the Supreme Court ruled that the Legislatures of States do not enjoy extra- territorial jurisdiction as in the case of  the Union Parliament.
A law made by the Legislature of a State shall be applicable within the territorial area of the State. However, a State Legislature may make laws with respect to a part of its territorial area also. The ‘principle of territorial connection’ is used to determine whether a law made by the legislature of a State shall be effect ye beyond its territorial areas or not. This principle emphasizes that a law made by a State Legislature shall apply to all persons who, even at present living outside the territory of that State, have territorial connection with the State. In State of Bombay Is. United Motors (1953) case and in another case Tikaranj and Sons is. C.S.T. ACT. (1968), the supreme Court held that the fact of territorial connection is more important than the fact whether a person sides in the territorial area of the state or not. It is up to the courts to determine whether the territorial connection of a person is satisfactory or not?

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