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A Comparative Analysis of State, Union, and Concurrent Lists in the Indian Constitution

The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule. It delineates the legislative powers between the Union Government and the State Governments, ensuring a delicate balance of authority that underpins the nation's democratic principles.

As per Article 246 of the Constitution, the 7th Schedule outlines three distinct lists: the Union List, the State List, and the Concurrent List. These lists meticulously enumerate the subjects on which the Union and State Governments have exclusive or concurrent legislative authority

Union List

The Union List enumerates subjects on which the Union Government has exclusive legislative powers. These subjects are considered vital for national unity, defense, and foreign relations. 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 . 88th Amendment added a new subject in the Union List called ‘taxes on services. The Union List contains 98 subjects.Some examples of subjects included in the Union List are:

  1.  Defence
  2. Foreign affairs
  3. Currency and coinage
  4. Post and telecommunications
  5. Railways
  6. Interstate trade and commerce
  7. Banking and insurance
  8. Stock exchanges and securities
  9. Foreign loans and foreign exchange
  10. Patents, designs, and trade marks
  11. Copyrights
  12. Census
  13. Elections
  14. Postal services
  15. Telecommunications
  16. Atomic energy
  17. Mining and minerals
  18. Industries (declared by Parliament to be in the public interest)
  19. Regulation of labor and safety in mines and oilfields
  20. Interstate migration

State List

The State List outlines subjects on which the State Governments have exclusive legislative powers. These subjects are primarily related to matters that directly affect the lives of citizens within a state. The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State List named as – Public Order, Police & Land. The State List comprises 61 subjects.Some examples of subjects included in the State List are:

  1. Public order and police
  2. Agriculture
  3. Education
  4. Local government
  5. Public health and sanitation
  6. Roads and bridges
  7. Land revenue
  8. Forests
  9. Fisheries
  10. Industries (not declared by Parliament to be in the public interest)
  11. Production, supply, and distribution of goods (not declared by Parliament to be essential goods)
  12. Trade and commerce within the state
  13. Theaters and cinemas
  14. Betting and gambling
  15. Libraries
  16. Museums
  17. Ancient and historical monuments
  18. Estate duty
  19. Taxes on agricultural income
  20. Taxes on land and buildings

Concurrent List

The Concurrent List includes subjects on which both the Union and State Governments can legislate. However, in case of a conflict between a Union law and a State law on a concurrent subject, the Union law prevails. This is known as the doctrine of federal supremacy.The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia.The Concurrent List includes 52 subjects.Some examples of subjects included in the Concurrent List are:

  1. Criminal law and procedure
  2. Civil procedure
  3. Marriage and divorce
  4. Education (including technical education)
  5. Forests and wildlife
  6. Protection of wild animals and birds
  7. Fisheries (marine and inland)
  8. Trade and commerce (subject to the Union List)
  9. Labor welfare (subject to the Union List)
  10. Unemployment and relief of the poor
  11. Social security and social insurance
  12. Legal and medical professions
  13. Administrators-general and official trustees
  14. Elections to Parliament and the Legislatures of the States
  15. Salaries and allowances of members of Parliament and the Legislatures of the States

Significance of the Lists:

Division of Powers:

The division of powers between the Union and State Governments helps to prevent the concentration of power in a single entity.

Federalism:

The lists form the cornerstone of India's federal system, ensuring a balance between national unity and regional autonomy.

Flexibility:

The Concurrent List provides flexibility in governance, allowing both levels of government to address issues that may arise at different times and in different regions.

In conclusion, the Union, State, and Concurrent Lists play a vital role in the Indian political system. They provide a framework for the distribution of legislative powers between the Union and State Governments, ensuring a balance of authority and promoting effective governance.

Seventh Schedule 7kb

Source : Ministry of External Affairs