Associate Professor, Department of Law, Bareilly College, Bareilly, (U.P.), India, Email id: dksingh@bareillycollege.org
Online published on 27 September, 2021.
The extra-territorial operation of law signifies the exercise of jurisdiction, or legal power, outside territorial borders. The advancements in science and technology have led to a substantial increase in trade, commerce, services, communication, cross border terrorism and other similar transactions. The Constitution of India Article 245(2) read with Article 245(1) solely authorises the parliament of India to make extra-territorial operation of law. Any legal investigation within the ambit of extra-territorial operation of law basically explores the situation, when any enactment of Indian Parliament exercises legal power beyond Indian borders. This research article explores the constitutional space and legislative development on extra-territorial operation of law in India. The study also particularly focuses on the efficacy of enacted laws with judicial response which have extra-territorial operation of law. This study also analyses the specific sections of various enactments that possess extra-territorial operation within the legislative sphere of India.
Extra-territorial Operation, Constitutional Space, Article 245, Legislative Development, Jurisdiction