Skip to main content

Doctrine of territorial Nexus by Mayurakshi Sarkar at Lexcliq

 Doctrine of territorial Nexus by Mayurakshi Sarkar at Lexcliq

Introduction

Federalism is the division of power between the centre and each of the states. It is a very complicated system, but the very reason a federal state is set up is to divide power between the union and the centre. In the constitution, they have a lot of power, but it's divided up so that they can keep their own power over the executive and legislative bodies. As our constitution has a federal structure, it sets up two separate governments for the federal government and the states. They are given the power of the sovereign, which they are supposed to use in a way that the Constitution says they should. Our constitution is the law of the land, and it explains the basic idea of federalism, which is the division of powers. This is why our constitution is so important.

Meaning of Doctrine of Territorial Nexus

As stated in the Indian constitution's article 245:

  • Extraterritorial actions or legislation affecting the entire country are beyond Parliament's purview.

  • For the whole or any section of the state, state legislators have the authority to make laws and regulations.

  • There are two distinct jurisdictions for making laws in this country—the federal government as well as the state government.

Distribution of the legislative powers with respect to the Territory

According to Article 245(1) of the Indian Constitution, the parliament has the authority to establish legislation for the entire country or for a specific area. Legislation passed by Parliament may not be nullified because it has no effect outside of India because Parliament also possesses extra-territorial authority. The Top Court ruled in A.H. Wadia v. Income Tax Commissioner that a challenge to the legitimacy of a law passed by the supreme legislative authority cannot be brought because of concerns about its extraterritoriality. Whether it does or does not conform with international law or has practical difficulties while enforcing it is up to the national or domestic tribunal to decide.

Theory of Territorial Nexus

It is necessary to establish a link between an object and a state in order for an extraterritorial law to take effect. The state legislature has the power to enact legislation only inside its own borders. As long as there is a connection between the thing in question and the state, the state can legislate for extraterritorial operations.

Wallace Bros and Co. Ltd v The Commissioner of Income - When it comes to the current instance, an Indian-registered and incorporated corporation was used as a "sleeping partner." During that fiscal year, the company turned a tidy profit. The respondent's company was the target of an income tax levy from the government. The respondent argued against the tax authority, but the privy council found that the idea of territorial linkage existed and upheld the tax. Apparently, British India provided the bulk of that revenue, which allowed for the establishment of a physical link between the two countries.

Conclusion

Therefore, the central and state governments have been given equal authority to enact legislation. Federalism is a complicated system, yet the division of power between the union and the centre is the very reason for the establishment of a federal state. The constitution divides their jurisdiction between the executive and legislative branches so that they retain their independence.

 

We have a dual polity in our constitution because it is federal in structure. Legislation can be made for some or all of India, and Parliament has been given a mandate to establish laws for extra-territorial operations. the extraterritorial operations, however, cannot be addressed by state legislatures since they lack the necessary expertise. It's possible for the state legislature to legislate for the extra territorial purposes if there's enough of a linkage between the object and its location. It implies that the object is situated outside the state's borders, but nonetheless has a relationship to the state's territory. Territorial nexus has a broad application and is not limited to India. According to the theory of territorial nexus, the reach of the law extends beyond the national borders of a country.

 



Comments

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...