The Union List Subjects, which is also referred to as List-I, consists of 97 numbered items (excluding entries 92 and 92c, which were removed by the 101st Constitutional amendment act in 2016). These items are listed in the Seventh Schedule of the Constitution of India, and grant the Parliament exclusive power to legislate upon them.
The legislative section of India is divided into three distinct lists: the Union List, State List, and Concurrent List. The Central Government retains residual powers in India, which sets it apart from the governments of the United States, Switzerland, or Australia, but is similar to the Canadian federal government.
Subjects under Union List, State List and Concurrent List
The Union List of the Indian Constitution consists of subjects on which the central government has exclusive powers to make laws. These subjects are considered essential for the nation’s governance and require uniformity of legislation nationwide. The Union List Subjects includes important subjects such as defense, foreign affairs, banking, currency, and taxation. The Parliament has the exclusive power to levy taxes on 15 subjects listed under the Union List Subjects, including income tax, corporation tax, and customs duties.
The dominance of the Union List over the State List is secured by the Constitution of India, which provides that in any conflict between the two or overlapping, the Union List prevails. The 88th Amendment added a new subject to the Union List called ‘taxes on services.
Below are the subjects that are listed under the Union List Subjects.
Union List Subjects
The following are some significant subjects enlisted in the Union List Subjects :
- Defence
- Army
- International Relations
- Ports
- Railways
- Highways
- Communication
State List Subjects
The following are some significant subjects:
- Public order
- Police
- Public health and sanitation
- Hospitals and dispensaries
- Betting and gambling
Concurrent List Subjects
The following are some significant subjects:
- Education
- Forest
- Trade unions
- Marriage
- Adoption
- Succession
7th Schedule of Indian Constitution
The division of powers between the Union government and the State governments in India is addressed in the 7th Schedule of the Indian Constitution, which is one of the 12 schedules included in the Constitution. The division of powers between the Union and the State is determined through three different lists specified in the seventh schedule, which are:
- Union List, also known as List I
- State List, also known as List II
- Concurrent List, also known as List III
7th Schedule of Indian Constitution Union List
- Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution
- The Union List signifies the strong centre as it has more subjects than state list
- It contains more important subjects than included in any of the other two lists
- All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List
- 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
- Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state
- There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes
- 88th Amendment added a new subject in the Union List called ‘taxes on services.’
- Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament
7th Schedule of Indian Constitution State List
The 42nd Amendment Act of 1976 transferred the following five subjects from the State List to the Concurrent List:
- Education
- Forests
- Protection of wild animals and birds
- Weights and measures
- Administration of justice, constitution, and organization of all courts except the Supreme Court and the High Courts
Under the Indian Constitution, the State legislatures have exclusive power to make laws on the subjects mentioned in the State List, but only under normal circumstances. However, Article 249 empowers Parliament to make laws on a subject enumerated in the State List if it is in the national interest.
There are three conditions under which Parliament can legislate on subjects that are enumerated under the State List:
- When Rajya Sabha passes resolution
- During a national emergency (Article 250)
- When two or more states pass a resolution requesting Parliament to legislate on subjects under State List
7th Schedule of India Constitution Concurrent List
The following five subjects were shifted from the State List to the Concurrent List by the 42nd Amendment Act of 1976:
- Education
- Forests
- Protection of wild animals and birds
- Weights and measures
- Administration of justice, constitution, and organization of all courts except the Supreme Court and the High Courts.
- The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia
- Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List
- While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
- The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the Concurrent List
- There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes
Seventh Schedule (Article 246) PDF Download
Download 7th Schedule of Indian Constitution Article 246 Union List, State List, Concurrent List pdf from below link.
https://www.mea.gov.in/Images/pdf1/S7.pdf
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