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Constitution of India |
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Preamble |
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 [lower-alpha 1] to legislate for the Union territories on all subjects, including those enumerated in the State list. [2]
The Union List is a list of 100 (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] This list is divided into legislative/general part (entries 1 to 81) and taxation part (enries 82 to 92C) [4] General part pertains to non taxation issues and taxation part pertains to only application of taxes. These are: [5]
General:
Taxation:
The State List is a list of 61 (originally 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] This list is divided into legislative/general part (entries 1 to 45) and taxation part (entries 46 to 63). [4] General part pertains to non taxation issues and taxation part pertains to only application of taxes. The 66 items currently on the list are: [6]
General:
Taxation:
This list includes items which are under joint domain of the Union as well as the respective States. [7] There were 47 Subjects but now it has 52 subjects. The 47 items currently on the list are: [8]
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