Doctrine of territorial nexus
Topic: Federalism and Centre-State Relations · NCERT: Beyond NCERT
Meaning
Territorial nexus means a real link with the territory. A state law can apply to things outside the state only if there is a real and sufficient link between the law's object and the state. Parliament is different. Article 245(2) says a Union law is not invalid just because it acts outside India. This doctrine decides how far a state law can reach.
Example
In R.M.D. Chamarbaugwala (1957), Bombay State taxed prize competitions run from outside the state. The court upheld the tax. The competitions were sold and played by people inside Bombay State, so there was a real link.
Don't confuse with
- Pith and substance: this decides which list a law falls under. Territorial nexus decides how far a state law can reach beyond its borders.
Related concepts
- Seventh Schedule
- Union List
- State List
- Concurrent List
- Residuary powers
- Transfer of subjects to the Concurrent List
- Doctrine of pith and substance
- Doctrine of colourable legislation