F. Inclusive interpretation of “insofar as any such matter is applicable to Union territories”
47. The Union of India submitted that the phrase “insofar as any such matter is applicable to Union territories” is specifically a term of exclusion and not a term of inclusion. It argued that the phrase was introduced to limit the legislative and executive power over entries in List II over and beyond the entries which have been expressly excluded by Article 239AA. We shall now refer to other provisions of the Constitution to analyse the above arguments.
48. The power of Parliament and legislatures of States to legislate upon entries in the Union List, State List and Concurrent List flows from Article 246 of the Constitution. Article 246(3) confers exclusive power to the legislatures of States to make laws for that State with respect to the matters enumerated in the State List. Article 246(4) provides that 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.
49. Article 366 provides meanings of various expressions used in the Constitution, unless the context otherwise requires. The provision stipulates that unless the context otherwise requires, the expressions defined in an Article shall have the meanings respectively assigned to them in the provision. Article 366(26B) provides that ‘State’ with reference to Articles 246A, 268, 269, 269A and 279A includes a Union Territory with a legislature. Articles 366(26B), incorporated in the Constitution by the Constitution (One Hundred and First Amendment) Act 2016, provides the meaning of ‘State’ only with reference to five other Articles in the
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