In the following, which one is true about the Doctrine of Territorial Nexus?

The correct answer is The Indian Constitution's Article 245 serves as the legal foundation for this notion..

Key Points

• The Doctrine of Territorial Nexus is based on Article 245 of the Indian Constitution.
• Article 245 empowers the Parliament and State Legislatures to make laws for the whole or any part of India.
• The doctrine essentially allows for the legislation by a state to have an extraterritorial effect if there is a sufficient nexus between the state and the object.
• It ensures the legislative powers of a state do not extend beyond its territorial limits unless there is a substantial connection.

Additional Information

• Article 246
  • It defines the subject matter of laws made by Parliament and by the Legislatures of States.
  • The Seventh Schedule of the Indian Constitution distributes the power to legislate between the Union and State Legislatures.
• Article 248
  • It deals with the residuary powers of legislation which are vested in the Parliament.
  • Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
• Doctrine of Pith and Substance
  • This doctrine is applied to determine the true nature of legislation and to resolve conflicts between the powers of the Parliament and State Legislatures.
  • If a law is found to be within the legitimate scope of the legislature's power, it is upheld even if it incidentally encroaches upon matters outside its jurisdiction.
• Doctrine of Colourable Legislation
  • This doctrine is used to ensure that the legislature does not transgress the constitutional limits of its power while making laws.
  • If the legislature enacts a law that appears to be within its power but in reality, it is a fraud on the constitution, it is termed as colourable legislation.