Seventh Schedule to the Constitution of India

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Related topics Constituent Assembly of India Constitution bench (India) Union List State List Concurrent List Judicial review Basic structure doctrine Uniform civil code
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The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are defined primarily under its articles 245 and 246. The Seventh Schedule to the Constitution of India specifies the allocation of powers and functions between the Union and the State legislatures. It embodies three lists; namely, the Union List, the State List, and the Concurrent List.^[1] The Union list enumerates a total of 97 subjects over which the power of the Union parliament extends. Similarly, the State list enumerates a total of 66 subjects for state legislation. The schedule also spells out a Concurrent list embodying a total of 47 subjects on which both the Union parliament and the state legislatures are empowered to legislate, though this is subject to the other provisions of the constitution that give precedence to the union legislation over that of the states.

In addition to demarcating the subjects of Union legislation from those of the states, Article 248 of the constitution also envisages residual powers not catered for in either of the Union or State lists for the Union. It provides, “The Union Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List.” Additionally, the constitution also empowers the Union parliament via clause 4^[a] of the Article 246 to legislate for the Union territories on all subjects, including those enumerated in the State list.

Union List

The Union List is a list of 97 subjects numbered items as provided in the Seventh Schedule to the Constitution of India. The Union Government or Parliament of India has exclusive power to legislate on matters relating to these items.^[2]

State List

The State List is a list of 66 subjects in the Schedule Seven to the Constitution of India. The respective state governments have exclusive power to legislate on matters relating to these items.^[2]

Concurrent List

There are 47 items currently in the list: This includes items which are under joint domain of the Union as well as the respective States.^[3]

References

^ "Seventh Schedule" (PDF). Ministry of External Affairs (Government of India). Retrieved 25 September 2020.
^ ^a ^b "SEVENTH SCHEDULE / Union List, State List and Concurrent list" (PDF). Ministry of External Affairs. Retrieved 24 August 2021.
^ "CONCURRENT POWERS OF LEGISLATION UNDER LIST III OF THE CONSTITUTION" (PDF). www.legalaffairs.gov.in. Retrieved 7 July 2018.

Notes

^ The said clause provides that the "Parliament has 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." The reference to the state therein has been construed by the Indian Supreme court to be adverting to the states enumerated in the First Schedule of the constitution.

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