NIOS Class 12 Introduction to Law Chapter 9 Territorial Law

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NIOS Class 12 Introduction to Law Chapter 9 Territorial Law

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Territorial Law

Chapter: 9

Module – 3 Classification of Law

INTEXT QUESTIONS 9.1 

1. Define Territorial Law. 

Ans: Territorial Law represents to the Law of a particular territory. A territorial law is a ‘lex loci’ or law of a particular place and applies to all persons inhabiting the territory of a State irrespective of their personal status. Law as a body of rules is a generally applied in the administration of Justice. Division/classification of laws as Central Law, Provincial/State Law and Local Law when taken together gives a holistic idea of the territorial law. Citizens are subject to a variety of laws made by Central, State and Local Legislative and Administrative Bodies. In general, all laws are part of a hierarchy in which central laws are at the top, local laws at the bottom and state laws somewhere in between.

2. Explain the ‘Theory of Territorial nexus’. 

Ans: Theory of Territorial Nexus: Article 245 (i) of Indian Constitution provides that a State Legislature may make Laws for the Territory of that State. The State Legislature cannot make extra-territorial Law, except when there is sufficient connection or nexus between the state and the object i.e. subject matter of Legislation (object may not be physically located within the territorial limits of the state).

3. Explain ‘Extra-Territorial operation of Parliamentary Law’. 

Ans: Extra-Territorial operation of Parliamentary Law: Article 245(2) of Indian Constitution provides that no law made by the Parliament would be invalid on the ground that it would have extra-sterile operation i.e. takes effect outside the territory of India.

INTEXT QUESTIONS 9.2 

1. Define Central Laws. 

Ans: Laws made by the Union or Central government are known as Central Laws.

Tick out (√) the correct response: 

2. The State List Contains: 

(a) 66 entries. 

(b) 97 entries. 

(c) 82 entries. 

(d) 77 entries. 

Ans: 66 Enteries.

3. In case of conflict between Union and State Laws normally which prevails.

(a) State Law Prevails. 

(b) Union Law Prevails. 

(c) No suit prevails. 

(d) None of the above. 

Ans: (b) Union Law Prevails.

INTEXT QUESTIONS 9.3 

1. Define State Laws.

Ans: The Laws made by the State Legislature are known as State Laws. It has the jurisdiction and applicability over the territory of the State which has legislated it. State government has the jurisdiction to legislate upon the matters enumerated in the state list of Schedule VII. This list contains 66 items which concern the interest of the State. Each state is free as per their requirement to make laws which is applicable and enforced in that State only. In case of the violation, the individuals of the State can approach the respective courts of that states for seeking justice.

2. Fill in the blanks.

(i) __________ enumerates the rule that in the event of a conflict between a Union and State Law, the former prevails.

Ans: Article 254(1).

(ii) In case of overlapping between three list regarding a matter of predominance is given to the __________. 

Ans: Union Law.

(iii) Power to legislate with respect to any matter not enumerated in any three lists is given to the __________. 

Ans: Centre or Union.

(iv) State List contains __________ subjects. 

Ans: 66.

(v) Union List contains __________ subjects.

Ans: 97.

INTEXT QUESTIONS 9.4 

1. Define Local Laws.

Ans: Local Laws are laws made by local authorities such as municipalities, municipal corporations, and panchayats. These laws apply only within a specific local area.

INTEXT QUESTIONS 9.5 

1. Discuss the scope of decentralization with reference to 73rd & 74th Constitutional Amendment Act, 1992. 

Ans: The 73rd and 74th Constitutional Act, 1992 have been ramification of the concept of democratic decentralization. The rationale behind this process of democratic decentralization is that the problem affecting the locality can be better handled by the local people. The idea or objective of these amendments is to empower the local people. Schedule Eleventh relating to Rural Local Government and Twelfth Schedule relating to Urban Local Government were annexed to the Schedules to the Constitution of India. Schedule Eleventh contains 29 functional items over which the power to make laws can be exercised by the Rural Local Governments. Similarly Schedule Twelfth consists of 18 functional items over which the urban local governments are free to make laws. So it is pertinent here to mention that while enacting the laws concerning the locality, the interest of the local people is paramount.

Fill in the Blanks: 

2. Urban Local Govt. relates to _____________ Amendment of Constitution of India. 

Ans: 74th.

3. Twelfth Schedule to the Indian Constitution deals with __________ form of Local Government. 

Ans: Urban.

4. Eleventh Schedule to the Indian Constitution deals with __________  form of Local Government. 

Ans: Rural.

5. The _____________ Constitutional Amendment Act, 1992 relates to Rural Local Government.

Ans: 73rd. 

INTEXT QUESTIONS 9.6 

1. Write a short note on Subordinate Legislative. 

Ans: Supreme ‘Legislation’ is said to be Supreme when it is proceeded from the Supreme or Sovereign power of the parliament and State Legislations. It is incapable of being repealed annualled or controlled by an other Legislative authorities

2. Define Supreme Legislation.

Ans: Subordinate Legislation is set to be Subordinate when it is proceeded from any authority other than Supreme subordinate authority. It is made under the powers delegated to it by the Supreme Authority.

INTEXT QUESTIONS 9.7 

1. Give any two examples of ‘Autonomous Law.’ 

Ans: The two examples of Autonomous Law are: 

(i) Articles of Association of a Joint Stock Company. 

(ii) Rules made by a University.

INTEXT QUESTIONS 9.8 

1. Define Customary Law. 

Ans: By ‘Customary Law’ is meant those rules and principles which have been observed in a particular community in actual practice for a long time. These rules are having the effect of Law.

2. Mention True or False: 

(i) Immemorial Antiquity is a valid essential of Customary Law. (True/False) 

Ans: True.

(ii) Consistency is a valid essential of customary Law. (True/False)

Ans: Ans: True.

(iii) Reasonableness is a valid essential of Customary Law. (True/False) 

Ans: True.

(iv) Compulsory Observance is a valid essential of a Customary Law. (True/False)

Ans: True.

TERMINAL EXERCISES

1. Describe the important principles concerning application of Territorial Law. 

Ans: A Territorial Law is the lex loci, or the law of a particular place, and applies to all persons inhabiting the territory of a State, irrespective of their personal status. Law, as a body of rules, is generally applied in the administration of justice and is usually linked to a specific territory, being enforced by the sovereign authority of that region. When we refer to the “law of India,” it implies not only that the law is enforced within India but also that it possesses territorial character and jurisdiction.

Generally, laws made by a legislature apply to persons, property, and acts within its territorial jurisdiction or to events occurring within it. In the international context, Territorial Law is also known as Municipal Law or Domestic Law—the internal law of a sovereign state, as distinct from International Law. Municipal Law encompasses the national, state/provincial, and local levels of governance.

Thus, classification of laws as Central Law, State (Provincial) Law, and Local Law provides a comprehensive understanding of Territorial Law. Citizens are governed by a hierarchy of laws—Central laws at the top, State laws in the middle, and Local laws at the base. Moreover, other classifications such as Substantive Law, Procedural Law, Civil Law, and Criminal Law also fall within the scope of Territorial Law, as they are defined and enforced within the limits of a particular state’s territory.

2. Central Laws have the prevalence over State and Local Laws – Explain. 

Ans: In India, the Constitution establishes a federal system where legislative powers are distributed between the Union (Central) and State Governments under Articles 245–254 and the Seventh Schedule. The Central Laws derive authority from Parliament, which is the supreme legislative body for the entire nation.

According to the Doctrine of Supremacy of Parliament, if there is any conflict between a Central Law and a State Law on a subject listed in the Concurrent List, the Central Law prevails (as per Article 254(1)). The State Law becomes void to the extent of the inconsistency unless it has received the President’s assent under Article 254(2).

Furthermore, State and Local Laws operate within limited jurisdictions, while Central Laws apply uniformly across India to ensure national unity, consistency, and coordination. Therefore, Central legislation occupies a superior position in the hierarchy of laws, maintaining the constitutional supremacy of the Union Parliament over the State and Local legislative authorities.

3. The autonomy granted to local bodies under 73^rd & 74^th to Constitution of India is sufficient – Give your views. 

Ans: As per 73rd Constitutional Amendment Act, 1992, the Rural Local Government means and includes: 

(a) Gram Panchayat at the Village Level. 

(b) Panchayat Samiti at the Block Level; and. 

(c) Zilla Parishad at the District Level.

Similarly as per 74th Constitutional Amendment Act, 1992 Urban Local Government means and includes: 

(a) Nagar Panchayat (NAC – Notified Area Council in case of Orissa) for a transitional area i.e. an area in transition for a rural area to an urban area; 

(b) Municipal Council for a smaller urban area; and. 

(c) Municipal Corporation for a larger Urban Area. 

Both amendments embody the spirit of democratic decentralization, recognizing that local problems are best resolved by local people who understand their specific needs and priorities. To operationalize this empowerment, the Eleventh Schedule was added, listing 29 functional items for Rural Local Bodies, while the Twelfth Schedule included 18 functional items for Urban Local Bodies. These schedules empower local institutions to frame laws and implement policies on subjects such as health, education, sanitation, agriculture, and urban planning.

However, despite this constitutional framework, true autonomy remains limited in practice. The State Governments retain significant control over financial powers, administrative functions, and approvals for local bodies. The dependency of Panchayats and Municipalities on state grants and approvals often restricts their decision-making capacity.

4. Discuss the power of President of India and the Governor of a State to promulgate Ordinances. 

Ans: The most important power of the President is his/her power of issuing ordinances given under Article 123 of Indian Constitution. It is the power to legislate when both houses of Parliament are not in session. Similarly, the Governor of the State enjoys such power under Article 213 of Indian Constitution. The ambit of this power is coextensive with the legislative power of the Parliament i.e. it may relate to any subject which Parliament can legislate and is also subject to the same constitutional limitations, as the legislation by the Parliament. However, the President can withdraw the ordinance at any time.

5. Explain the types of legislation normally prevailing in India. 

Ans: The types of legislation normally prevailing in India:

(i) Supreme Legislation: ‘Legislation’ is said to be supreme when it is proceeded from the supreme or sovereign power of the Parliament and State Legislatures. It is incapable of being repealed, annulled or controlled by any other legislative authorities. 

(ii) Subordinate Legislation: ‘Legislation’ is set to be subordinate when it is proceeded from any authority other than supreme subordinate authority. It is made under the powers delegated to it by the Supreme Authority. There are five forms of subordinate legislation.

(a) Executive: The rule making power under the Statutes is conferred on the Executive (i.e. the branch of the Government that executes the laws or runs the administration). 

(b) Judicial: The Judiciary has powers to frame rules for the regulation of their procedures and administration. 

(c) Municipal: Powers are delegated to Municipal Bodies by the Act, which brings them into existence to frame rules and by-laws for the area under their jurisdiction for carrying on various activities entrusted to them. 

(d) Autonomous: The Autonomous Bodies, like Universities are given power by the State to make rules and by-laws for their administration. 

(e) Colonial: The laws of the countries which are not independent or which are the control of some other State are subject to the supreme legislation of the State under who control they are.

6. Describe of ‘Doctrine of Extra-Territorial Nexus’. 

Ans: The Doctrine of Extra-Territorial Nexus under Article 245(1) of the Indian Constitution allows a State Legislature to make laws having effects outside its territory, only if there is a sufficient nexus or connection between the State and the subject matter of legislation, even though the object is not physically located within the State’s territorial limits.

7. Describe in brief the various principles of interpretation relating to the lists provided under Schedule Seventh to Indian Constitution. 

Ans: Principles of Interpretation Relating to the Lists under the Seventh Schedule of the Indian Constitution. The Seventh Schedule of the Indian Constitution divides legislative subjects between the Union and the States through three lists — the Union List, State List, and Concurrent List. To avoid conflicts and ensure smooth functioning of the federal system, certain principles of interpretation are followed by the judiciary.

(i) Harmonious Construction: When a subject appears to fall under two different lists, the courts interpret the provisions harmoniously to give effect to both, as far as possible, without conflict.

(ii) Doctrine of Pith and Substance: If a law relates mainly to a subject within the competence of a legislature, it is valid, even though it incidentally touches upon matters in another list.

(Example: A State law primarily about “public order” may incidentally affect a Union subject like “telecommunication.”)

(iii) Doctrine of Colourable Legislation: If a legislature indirectly makes a law on a subject outside its power, disguising it as one within its power, such a law is declared invalid. The court looks at the real substance of the law and not its form.

(iv) Doctrine of Repugnancy: If there is an inconsistency between a law made by the Parliament and a State law on a subject in the Concurrent List, the Central law prevails, and the State law becomes void to the extent of inconsistency (Article 254).

(v) Doctrine of Occupied Field: When Parliament has already legislated fully on a subject in the Concurrent List, the State cannot enact a law on the same subject that conflicts with the Central law.

(vi) Liberal Interpretation: The courts generally adopt a liberal and broad interpretation of the entries in the three lists to give full effect to the powers of both the Union and the States.

8. Explain the Principles of Customary Law. 

Ans: (i) Meaning: Customary Law refers to rules and principles that have been practiced by a community for a long time and have gained the force of law through continuous observance.

(ii) Local Application: It forms a part of the local laws applicable to a specific locality or community within a state where such customs are followed.

(iii) Origin: It has its roots in immemorial customs — traditions and practices prevailing in a particular part of the state for generations.

(iv) Formation: Customs arise when certain actions or practices receive general approval and are observed continuously over time.

(v) Reasons for Existence: Customs may come into being due to expediency (usefulness), imitation, convenience, or social acceptance.

(vi) Recognition by State: When these customs are recognized by the state, they become a part of the civil law and are legally enforceable.

(vii) Legal Effect: Once recognized, they have the same binding force as other laws enacted by the legislature.

(viii) Difference of Opinion:

• Some jurists believe customs are valid laws in themselves.

• Others hold that customs are only sources of law, serving as the basis for formal legislation.

9. Describe in brief the concepts of ‘Autonomous Law’ and ‘Municipal Law’. 

Ans: There are a large number of corporations standing outside the governmental system, which are vested with powers to make bye-laws for themselves and, in some cases, for the public at large. Such corporations are known as Public Utility Concerns, for example, authorities dealing with transport, light, heat, or water.

These corporations administer laws that are called “Autonomous Laws”, as they concern directly only the members of a particular corporation. The most familiar example is the Articles of Association of a Joint-Stock Company. The Bye-laws of a Railway Company and the Rules made by a University are also instances of Autonomous Law.

10. Differentiate between International Law and Territorial Law in the context of International Scenario. 

Ans: 

Basis of Difference	International Law	Territorial (Municipal) Law
1. Meaning	International Law is the body of rules and principles that govern the relations and conduct of sovereign states and international organizations with each other.	Territorial or Municipal Law refers to the domestic law of a particular state, governing individuals and institutions within its territorial limits.
2. Source of Authority	It derives its authority from international treaties, conventions, customs, and general principles of law recognized by civilized nations.	It derives its authority from the constitution and legislature of a state.
3. Scope of Application	Applies to nations and international bodies in their mutual dealings.	Applies to citizens, residents, and legal entities within a specific country.
4. Enforcement	There is no central authority to enforce international law; it depends on the consent and cooperation of states.	Enforced by the courts and executive authorities of the concerned state.
5. Objective	To maintain peace, security, and cooperation among nations.	To maintain order, justice, and discipline within a state.
6. Examples	United Nations Charter, Geneva Conventions, Law of the Sea, WTO Agreements.	Indian Penal Code (IPC), Constitution of India, Civil Procedure Code (CPC).

11. Write short note on ‘Panchayati Raj System’ in India. 

Ans: The word ‘Panchayat’ means an assembly of five. ‘Yat’ means assembly and ‘Panch’ means five. In simple terms, an assembly of five wise and respected elders are chosen and are further accepted by the village community.

The Panchayati Raj System is a democratic structure of local self-government in rural India. It was established to decentralize power and involve people directly in governance. The system was given constitutional status by the 73rd Amendment Act, 1992, which introduced a three-tier structure — Gram Panchayat, Panchayat Samiti, and Zila Parishad. It aims to promote grassroots democracy, local development, and people’s participation in decision-making and rural administration.

12. Write short note on ‘Application of Central Laws’ in India. 

Ans: The application of Central laws in India refers to the enforcement of laws made by the Parliament of India throughout the country or in specific regions, as defined by the Constitution. Central laws generally apply to the entire territory of India, including Union Territories, unless stated otherwise. However, in certain cases, such as Jammu and Kashmir (before 2019) or some Scheduled Areas, special provisions existed regarding their applicability. Central laws cover subjects in the Union List and shared subjects in the Concurrent List, ensuring uniformity, coordination, and equality in legal governance across the nation.

13. Write a short note on ‘Supreme Legislation’.

Ans: Supreme legislation refers to the law made by the supreme or sovereign authority of a state, such as the Parliament at the national level or the State Legislature at the state level. It is called “supreme” because it derives directly from the sovereign power of the state and stands above all other forms of law. Such legislation cannot be repealed, annulled, or controlled by any other subordinate legislative or administrative body. In India, the laws made by Parliament under its constitutional authority are examples of supreme legislation, reflecting the ultimate expression of the people’s will through their representatives.