What is the difference between Article 245 and Article 246?

Article 245 of the Indian constitution talks about the extent of laws made by Parliament and by the Legislatures of States. It gives Parliament the power to make laws also gives the legislative body the power to repeal them.

Article 246 of the Constitution deals with the division of power between the Union and the States. It demarcates the powers of the Union and the State by classifying their powers into 3

lists. They are the Union List, the State List and the Concurrent List. 

Article 245:

  • 245(1): Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State
  • 245(2): No law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation.

Article 246:

  • 246(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”).
  • 246(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).
  • 246(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”).
  • 246(4) Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.

Further Reading:

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