Law School Uncensored

The Constitution of India establishes a federal structure of governance in which legislative powers are distributed between the Union and the States. One of the most important features of Indian federalism is the constitutional division of legislative subjects between Parliament and State Legislatures. This distribution is mainly governed by Article 246 read with the Seventh Schedule of the Constitution. These provisions define the subject matter upon which Parliament and State Legislatures may enact laws and thereby maintain the constitutional balance between central authority and state autonomy.

The framers of the Constitution adopted a three-fold distribution of legislative powers to ensure administrative efficiency and accommodate the diversity of India. Matters of national importance were assigned to Parliament, while local and regional matters were entrusted to State Legislatures. Certain subjects requiring both central and state involvement were placed in a shared field of legislation.

Article 245 of the Constitution empowers Parliament to make laws for the whole or any part of the territory of India, while State Legislatures may make laws for the whole or any part of the respective State. Article 246 further classifies legislative powers according to the three lists contained in the Seventh Schedule.

The Seventh Schedule contains:

1. Union List (List I)
2. State List (List II)
3. Concurrent List (List III)

The constitutional scheme under Article 246 establishes the scope and hierarchy of legislative powers.

Article 246 contains four clauses that define legislative competence. Article 246(1) grants exclusive power to Parliament to make laws with respect to matters enumerated in the Union List. This power operates notwithstanding anything contained in clauses (2) and (3). Therefore, Parliament enjoys supremacy regarding Union List subjects. Article 246(2) grants concurrent legislative power to both Parliament and State Legislatures with respect to matters enumerated in the Concurrent List. However, Parliament’s power under this clause is subject to the supremacy granted under clause (1).

Article 246(3) grants exclusive power to State Legislatures to make laws regarding matters enumerated in the State List. However, this power is subject to clauses (1) and (2), meaning Parliament’s authority under the Union and Concurrent Lists may override State powers in certain circumstances.

Article 246(4) empowers Parliament to legislate on any subject for territories not included within a State, even if the matter falls within the State List. Thus, Article 246 establishes a constitutional hierarchy in which Union powers generally prevail over State powers in case of conflict. The Union List contains subjects of national importance requiring uniform laws across the country. Parliament alone has exclusive legislative competence over these matters. Originally, the Union List contained 97 entries, although the number has changed due to constitutional amendments.

Important subjects in the Union List include:

• Defence of India
• Armed Forces
• Foreign affairs
• Diplomatic relations
• War and peace
• Citizenship
• Railways
• Airways
• Shipping and navigation
• Currency and coinage
• Banking
• Insurance
• Atomic energy
• Posts and telegraphs
• Telecommunications
• Interstate trade and commerce
• Income tax
• Customs duties
• Union public services

The rationale for assigning these matters to Parliament is that they require national coordination, uniformity, and centralized control. For example, defence and foreign affairs directly affect national sovereignty and security, making centralized legislation essential. Similarly, currency and banking require national economic regulation. The State List contains matters of local or regional importance best administered by State Governments because they are closely connected with local conditions and public needs. State Legislatures ordinarily possess exclusive authority over these subjects.

Originally, the State List contained 66 entries, although some subjects have later been transferred to the Concurrent List through constitutional amendments.

Important State List subjects include:

• Public order
• Police
• Public health and sanitation
• Hospitals
• Agriculture
• Fisheries
• Markets and fairs
• Local government
• Land and land revenue
• Water supply
• Betting and gambling
• State public services
• Prisons
• Burial grounds
• Roads and bridges
• State taxes on agricultural income

The State List reflects the principle of local self-governance because these matters vary according to regional needs and conditions. For example, agriculture and public health differ significantly across states due to climate, population, and socio-economic factors. Therefore, state-level legislation is considered more appropriate. The Concurrent List contains subjects on which both Parliament and State Legislatures may legislate. These subjects require cooperation and coordination between the Union and the States because they involve both national and local interests.

Originally, the Concurrent List contained 47 entries, although the number has increased through amendments.

Important Concurrent List subjects include:

• Criminal law
• Criminal procedure
• Civil procedure
• Marriage and divorce
• Adoption
• Succession
• Education
• Forests
• Trade unions
• Labour welfare
• Electricity
• Economic and social planning
• Population control
• Newspapers and printing presses
• Prevention of cruelty to animals

The Concurrent List enables both levels of government to participate in governance over socially and economically important matters. Since both Parliament and State Legislatures can legislate on Concurrent List subjects, conflicts may arise between Union and State laws. Article 254 addresses such situations. If a State law conflicts with a parliamentary law on a Concurrent List subject, the parliamentary law prevails, and the State law becomes void to the extent of repugnancy.

However, if a State law receives Presidential assent after being reserved for consideration, it may prevail within that State even if inconsistent with an earlier parliamentary law. Parliament nevertheless retains the power to subsequently override the State law. The doctrine of repugnancy ensures national uniformity where necessary while allowing some degree of state flexibility. The Constitution also provides for residuary legislative powers. Under Article 248 and Entry 97 of the Union List, Parliament possesses exclusive power to legislate on matters not enumerated in any of the three lists.

This is an important feature distinguishing Indian federalism from certain other federations such as the United States, where residuary powers belong to the states. Residuary powers allow Parliament to legislate on emerging subjects such as cyber law, digital currencies, information technology, and space activities that were not specifically contemplated during the framing of the Constitution. Although the State List ordinarily falls within exclusive state jurisdiction, the Constitution permits Parliament to legislate on State List matters under certain exceptional circumstances.

Parliament may legislate on State List subjects if the Rajya Sabha passes a resolution supported by two-thirds of members present and voting declaring that it is necessary in the national interest. During a national emergency under Article 352, Parliament may legislate on any State List subject. Parliament may legislate on State subjects if two or more State Legislatures consent and request Parliament to enact such law.

Parliament may legislate on any subject, including State List matters, for implementing international treaties, agreements, and conventions. During President’s Rule in a State, Parliament may assume legislative powers of the State Legislature. The judiciary, particularly the Supreme Court of India, has played a crucial role in interpreting legislative competence and resolving disputes between the Union and States.

Courts apply several constitutional doctrines, including:

• Doctrine of pith and substance
• Doctrine of incidental encroachment
• Doctrine of repugnancy
• Doctrine of harmonious construction

In State of Bombay v. F.N. Balsara, the Supreme Court explained the doctrine of pith and substance and upheld legislation substantially related to State List subjects despite incidental overlap with Union matters. In Union of India v. H.S. Dhillon, the Court clarified the scope of residuary powers under Article 248. Although India follows a federal structure, the Constitution grants stronger powers to the Union compared to classical federations. Parliament enjoys supremacy in several areas, including:

• Residuary powers
• Emergency powers
• International treaty implementation
• Concurrent List supremacy
• Authority over interstate matters

This structure is often described as “quasi-federal” or “federal with a strong centralizing tendency.”

Articles 246 and the Seventh Schedule form the constitutional foundation for the distribution of legislative powers between Parliament and State Legislatures in India. The Union List contains matters of national importance under exclusive parliamentary control, the State List includes regional subjects primarily within state jurisdiction, and the Concurrent List permits shared legislative authority. The constitutional framework balances federalism with national unity by providing flexibility, parliamentary supremacy in certain situations, and mechanisms for resolving conflicts. Judicial interpretation has further strengthened this system by developing doctrines ensuring harmonious functioning of Union-State relations. Together, these provisions ensure effective governance while accommodating India’s political, cultural, and regional diversity.