A newspaper was published and printed at Bangalore in Karnataka State. It contained crossword puzzles and engaged in prize competitions. It had wide circulation in the State of Maharashtra and most of its activities such
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
A newspaper was published and printed at Bangalore in Karnataka State. It contained crossword puzzles and engaged in prize competitions. It had wide circulation in the State of Maharashtra and most of its activities such as the standing invitations, the filling up of the forms and the payment of money took place within that State. The State of Maharashtra imposed a tax on the newspaper. The publishers challenged the validity of the law on the ground that it was invalid in so far as it covered a subject matter falling beyond the territory of that State, because the paper was published in another State. Discuss the validity of the actions of the State of Maharashtra referring to the case law.
Answer & Explanation:
A State Legislature may make laws that have extraterritorial operation only if there exists a "territorial nexus" between the State and the subject matter of the legislation. That is, if there is sufficient nexus or connection between the State and the subject matter of the law which falls beyond the territory of the State, the law will be valid. The sufficiency of the nexus is to be seen on the basis of the test laid down by the Supreme Court in the case of State of Bombay v. R.M.D.C., A.I.R. 1957 S.C. 699 , according to which two conditions, must be fulfilled: the connection must be real and not illusory; and the liability sought to be imposed by that law must be pertinent to that connection. If both the conditions are fulfilled by a law simultaneously then only it is valid otherwise not. In the given situation, applying the doctrine laid down in State of Bombay v. R.M.D.C. (AIR 1957 SC 699) , the Maharashtra law is valid as the majority of the newspaper's activities such as revenue generation and participation in competitions took place within Maharashtra, thereby establishing a sufficient territorial nexus.
Topics: Constitutional Law
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