Part XI - Relations • Article

Article 246 Simplified: Subject-matter of laws made by Parliament and by the Legislatures of States

Article 246 distributes lawmaking subjects between the Union and the States using three lists in the Seventh Schedule. Parliament has exclusive power over the Union List (List I). State Legislatures have exclusive power over the State List (List II). Both share power over the Concurrent List (List III), though Union laws prevail in conflicts. Parliament can also legislate on State List subjects for Union Territories.

Official Text

matter of laws made by Parliament and by the Legislatures of States.-(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State *** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State *** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). (4) 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.

Simple Meaning

Explain Like Ten

There is a list of things only the national government can write laws about (like military), a list only state governments can write laws about (like police), and a list they can both write laws about (like schools).

Student Mode

Article 246 sets the subject-matter jurisdiction of legislatures using the three lists in the Seventh Schedule: List I (Union List - exclusive Parliament power), List II (State List - exclusive State power), and List III (Concurrent List - shared power, subject to Union supremacy under Article 254). Clause (4) allows Parliament to legislate on State List matters for Union Territories.

Example

Only Parliament can make laws on defense or foreign affairs (Union List). Only the state of Punjab can legislate on local police forces (State List). However, both the Center and states can make laws regarding education or forests (Concurrent List), with central law taking precedence in case of conflict.

Key Takeaway

Article 246 is the cornerstone of Indian federalism, establishing the division of legislative powers through the Union, State, and Concurrent Lists.

FAQs

Which list in the Seventh Schedule contains subjects where both Center and States can legislate?

List III, also known as the Concurrent List.

Who has the power to legislate on State List subjects in Union Territories?

Parliament, under Article 246(4).

Quiz

Which schedule of the Constitution contains the three legislative lists?

Answer: Seventh Schedule

In case of a conflict over a Concurrent List subject, which law generally prevails?

Answer: The Central (Parliament) law