Article 245 of the Indian Constitution Explained

As per article 245, subject to this constitution, parliament can make laws for whole or part of territory of India. Territory of India includes states, UTs and other territories such as enclaves. The question is – Is this power absolute? Answer is no because this article puts condition – subject to this constitution before conferring this power.  These conditions are as follows:

• For four UTs viz. A&N, D&NH, Lakshadweep and D&D, president is empowered to make regulations for peace, progress and good governance. Such a regulation is so powerful that it can repeal or amend a law made by parliament also with respect to these territories.
• In case of fifth schedule scheduled areas, the Governor can direct that a particular parliamentary law is or is not applicable to such area. Governor can also direct if such law can be applicable with suitable modifications and exceptions.
• In case of sixth schedule states viz. Assam, Meghalaya, Tripura and Mizoram, the Governor can direct if a parliamentary law is not applicable / applicable after modification / partly applicable to an autonomous district of a tribal area.

Thus, the power of parliament to make laws for the whole or any part of the territory of India is not absolute and should be read in subject to other provisions of the constitution. Similarly, other provisions like the distribution of powers, fundamental rights and other provisions should also be taken into consideration.