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 contemplated 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 of the Article 246[a] to legislate for the
Union territories on all subjects, including those enumerated in the State list.[2]
The Union List is a list of 98(originally 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.[3] These are:[4]
01. Defence of India and every part there of including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective
demobilisation.
2A. Deployment of any
armed forces of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.
03. Delimitation of
cantonment areas,
local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.
21.
Piracies and crimes committed on the
high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.
25. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the
mercantile marine and regulation of such education and training provided by States and other agencies.
26.
Lighthouses, including
lightships, beacons and other provision for the safety of shipping and aircraft.
27.
Ports declared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.
28. Port
quarantine, including hospitals connected therewith;
seamen's and marine hospitals.
29. Airways aircraft and air navigation; provision of
aerodromes; regulation and organisation of air traffic, and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.
30. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.
31. Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.
32. Property of the Union and the revenue therefrom, but as regards property situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides.
33. Acquisition or requisitioning of property for the purposes of the Union(As per Seventh Amendment) Act,1956
34.
Courts of wards for the estates of Rulers of Indian States.
41.
Trade and
commerce with foreign countries import and export across customs frontiers definition of customs frontiers.
42. Inter-State trade and commerce.
43. Incorporation, regulation and winding up of trading Corporations, including banking, insurance and financial corporations but not including Co-operative Societies.
44. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.
50. Establishment of standards of weight and measure.
51. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.
52. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.
53. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
55. Regulation of labour and safety in mines and oil-fields.
56. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
57. Fishing and fisheries beyond territorial waters.
58. Manufacture, supply and distribution of salt by Union agencies; regulations and control of manufacture, supply and distribution of salt by other agencies.
59. Cultivation, manufacture, and sale for export, of
opium.
61. Industrial disputes concerning Union employees.
62. The institutions known at the commencement of this Constitution as the
National Library, the
Indian Museum, the Imperial War Museum, the
Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.
63. The institutions known at the commencement of this Constitution as the
Benares Hindu University, the
Aligarh Muslim University and the
Delhi University; the University established in pursuance of Article 371-E; any other institution declared by Parliament by law to be an institution of national importance.
64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be
institutions of national importance.
65. Union agencies and institutions for -
(a) professional, vocational or technical training, including the training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime.
66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
67. Ancient and historical monuments and records, and
archaeological sites and remains, declared by or under law made by Parliament to be of national importance.
74. Powers, privileges and Immunities of each
House of Parliament and of the members and the Committees of each House enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.
75.
Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and
Governors salaries and allowances of the
Ministers for the Union; the Salaries, allowances, and rights in respect of leave of absence and other conditions of service of the
Comptroller and Auditor General.
76. Audit of the accounts of the Union and of the States.
77. Constitution, organisation, jurisdiction and powers of the
Supreme Court (including
contempt of such Court), and the fees taken therein persons entitled to practice before the Supreme Court.
78. Constitution and organisation (including vacations) of the
High Courts except provisions as to officers and servants of High Courts; persons entitled to practice before the High Courts.
79. Extensions of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from any
Union territory.
80. Extension of the powers and jurisdiction of members of a
police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.
86. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
87.
Estate duty in respect of property other than agricultural land.
88.
Duties in respect of succession to property other than agricultural land.
89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.
90. Taxes other than
stamp duties on transactions in stock exchanges and futures markets.
91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes,
bills of lading,
letters of credit, policies of insurance, transfer of shares,
debentures, proxies and receipts.
92. Taxes on the sale or purchase of newspapers and on advertisements published therein. (omitted as per 101st Amendment Act)
92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.
92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.
92C. Taxes on services. (omitted as per 101st Amendment Act)
93. Offences against laws with respect to any of the matters in this List.
94. Inquiries, surveys and statistics for the purpose of any of the matters in this List.
95. Jurisdiction and powers of all courts, except the
Supreme Court, with respect to any of the matters in this List admiralty jurisdiction.
96. Fees in respect of any of the matters in this List, but not including fees taken in any court.
97. Any other matter not enumerated in
List II or
List III including any tax not mentioned in either of those Lists.
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.[3] The 59 items currently on the list are:[5]
Public order (but not including the use of any
naval,
military or
air force or any other
armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power).
Police (including railway and village police) subject to the provisions of Entry 2-A of
List-I.
Officers and servants of the
High Court; procedure in rent and revenue courts; fees taken in all courts except the
Supreme Court.
Prisons,
reformatories,
Borstal institutions and other institutions of a like nature and persons detained therein; arrangements with other States for the use of prisons and other institutions.
Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of List I and entry 25 ofList III.***[Entry 11 omitted by the
Constitution (Forty-second Amendment) Act, 1976, s. 57 (w.e.f. 3-1-1977)]
Libraries,
museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.
Communications, that is to say, roads, bridges,
ferries, and other means of communication not specified in
List I; municipal tramways,
ropeways,
inland waterways and traffic thereon subject to the provisions of List I and
List III with regard to such
water-ways; vehicles other than mechanically propelled vehicles.
Agriculture, including agricultural education and research; protection against pests and prevention of plant diseases.
Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
Land, that is to say, rights in or over land,
land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of
agricultural land;
land improvement and agricultural loans;
colonization.
Courts of wards; subject to the provisions of Entry 34 of List I; encumbered and attached estates.
Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.
Industries subject to the provisions of Entries 7 and 52 of List I.
Incorporation, regulation and winding up of corporations, other than those specified in List I, and
universities; unincorporated trading, literary, scientific, religious and other societies and associations;
co-operative societies.
Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.
Salaries and allowances of Ministers for the State.
Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India -
Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-State trade or commerce or sale in the course of international trade or commerce of such goods.(Subs.)
Taxes on advertisements other than advertisements published in the newspapers [and advertisements broadcast by radio or television](As per One Hundred and First Amendment) Act, 2016
Taxes on goods and passengers carried by road or on
inland waterways.
Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including
tram-cars subject to the provisions of Entry 35 of List III [Concurrent list].
Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council.
Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
Offences against laws with respect to any of the matters in this list.
Jurisdiction and powers of all courts, except the
Supreme Court, with respect to any of the matters in this list.
Fees in respect of any of the matters in this list, but not including fees taken in any court.
This list includes items which are under joint domain of the Union as well as the respective States.[6] The 47 items currently on the list are:[7]
1.
Criminal law, including all matters included in the
Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in
List I or
List II and excluding the use of
naval,
military or
air forces or any other
armed forces of the Union in aid of the civil power.
4. Removal from one
State to another State of
prisoners,
accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.
13.
Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and
arbitration.
14.
Contempt of court, but not including contempt of the Supreme Court.
27.
Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the
Dominions of
India and
Pakistan.
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
30.
Vital statistics including registration of births and deaths.
31.
Ports other than those declared by or under law made by Parliament or existing law to be major ports.
32.
Shipping and
navigation on
inland waterways as regards mechanically propelled vessels, and the rule of the road on such
waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the
public interest, and imported goods of the same kind as such products
40.
Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
42. Acquisition and requisitioning of property.
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
44.
Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts, except the
Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
^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 state therein has been construed by the
Supreme Court of India to be adverting to the states enumerated in the First Schedule of the constitution.[2]