What is Doctrine of Territorial Nexus?
By BYJU'S Exam Prep
Updated on: November 14th, 2023
The Doctrine of Territorial Nexus states that laws made by state legislatures apply only within the state and not outside unless there is a proper relationship between the object and the state. It derives its authority from Article 245 of the Indian Constitution. However, if the Parliament makes any law for external operation, then its legality cannot be questioned.
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Doctrine of Territorial Nexus
It is a concept described in Article 245 of the Constitution of India that determines how legislative powers are divided. Thus, Article 245 lays down the limits of the legislative powers of the States and the Union from a geographical angle. Article 246 is important from the point of view of the subject matter of the legislation:
- Parliament has exclusive power to make laws with respect to any matter mentioned in List I of the Seventh Schedule (referred to in this Constitution as the “Union List”).
- It provides the provision to make laws for any State in respect of any matter listed in the Seventh Schedule (referred to in this Constitution as the “Concurrent List“).
- Parliament has the power to make laws with respect to any matter for any part of India which is not included in a State, even if such matter is a matter listed in the State List.
The Doctrine of Territorial Nexus deals with the division of powers between the state and its external regions. According to Article 245 of the Constitution of India, laws made by state legislatures are not enforceable outside the state. However, it can be applied if,
- there is a territorial nexus between the Act’s subject matter and the state making the law.
- Whether a particular state has an extra-territorial operation.
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