7th Schedule of Indian Constitution (Article 246) – UPSC

• The constitutional provisions in India on the subject of the distribution of legislative powers between the Union and the States are defined under several articles; the most important in this regard being specifically under articles 245 & 246 of the Constitution of India.
• The Seventh Schedule to the Constitution of India defines and specifies the allocation of powers and functions between Union & States.
• Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as;
  1. Union List,
  2. State List and
  3. Concurrent List.
• Originally there were 97 subjects in the union list but now it is 100 subjects in the union list.
• And in the state list, there were 66 subjects but now it is 61 subjects.
• And in the concurrent list, there were 47 subjects but now it is 52 subjects in the concurrent list.

7th Schedule of Indian Constitution – Union List

• It originally had 97 subjects. Now, it has 100 subjects.
• The Centre has exclusive powers to make laws on the subjects mentioned under the Union List of the Indian Constitution.
• The Union List signifies the strong centre as it has more subjects than the state list.
• It contains more important subjects than included in any of the other two lists.
• All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List.
• The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails.
• Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorize the conferring of powers and imposition of duties by the Centre upon a state.
• There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes.
• 88th Amendment added a new subject in the Union List called ‘taxes on services.’
• Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament.

7th Schedule of Indian Constitution – State List

• It has 61 subjects. Earlier, it had 66 items.
• 42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
  • Education
  • Forests
  • Protection of wild animals and birds
  • Weights and measures and
  • Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts
• The laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circumstances.’
• Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest.
• Parliament can legislate on subjects that are enumerated under the State List on three conditions:
  • When Rajya Sabha passes resolution
  • During a national emergency (Article 250)
  • When two or more states pass a resolution requesting Parliament to legislate on subjects under State List.
  • Note:
    • On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by, passing the same resolution.
    • The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
      • For the implementation of International Agreements
      • During President’s Rule
• The matters of regional and local importance and the matters which permit diversity of interest are specified in the State List.
• There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes.
• The 69th Constitutional Amendment Act of 1991 made special provisions in relation to National Capital. Laws cannot be made by the Delhi government on three subjects under State List named as – Public Order, Police & Land.

7th Schedule of Indian Constitution – Concurrent List

• It has 52 subjects enumerated under it.
• 42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
  • Education
  • Forests
  • Protection of wild animals and birds
  • Weights and measures and
  • Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts.
• The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia
• Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List.
• While both Central and State governments can legislate on subjects mentioned under the Concurrent List, however, in case of any conflict, the law made by the Central Government prevails.
• The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list.
• There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes.