Seventh Schedule: Union List, State List and Concurrent List
Indian Polity › Schedules of the Constitution · Topic 28.7
The Seventh Schedule distributes legislative powers among the Union List (98 subjects), State List (59) and Concurrent List (52) under Article 246, with residuary power and priority in conflicts going to Parliament.
6 min read · UPSC Prelims · Polity · Schedules of the Constitution
At a Glance
- What it is Division of legislative powers between the Union and the states
- Article Article 246
- Union List 98 subjects (originally 97)
- State and Concurrent 59 (originally 66) and 52 (originally 47)
- Exam link UPSC Prelims, Polity: Schedules of the Constitution
Where Does It Fit?
This is the seventh topic of the category on the Schedules of the Constitution. The Seventh Schedule divides legislative powers between the Centre and the states in three lists: List I, the Union List, List II, the State List, and List III, the Concurrent List. It is the core of the federal distribution of legislative powers, under Article 246.
The Three Lists
| List | Who can legislate | Present subjects | Examples |
|---|---|---|---|
| Union List (List I) | Parliament exclusively | 98 (originally 97) | Defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit |
| State List (List II) | State legislature, in normal circumstances, exclusively | 59 (originally 66) | Public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling |
| Concurrent List (List III) | Both Parliament and the state legislature | 52 (originally 47) | Criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare, economic and social planning, drugs, newspapers, books and printing press |
Matters of national importance and those requiring uniformity of legislation nationwide are in the Union List. Matters of regional and local importance that permit diversity of interest are in the State List. Matters on which uniformity throughout the country is desirable but not essential are in the Concurrent List, so the scheme permits diversity along with uniformity. The residuary power, over matters not in any of the three lists, including residuary taxes, is vested in Parliament. In the United States only the powers of the federal government are enumerated and the residue is left to the states, and Australia follows that pattern. In Canada there is a double enumeration, federal and provincial, and the residuary powers are with the Centre, which is close to the Indian scheme, though India has three lists.
Changes Since 1950
The 42nd Amendment Act of 1976 transferred five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice, including the constitution and organisation of all courts except the Supreme Court and High Courts. The 101st Amendment Act of 2016 made a special provision for goods and services tax: Parliament and the state legislature can make laws on GST imposed by the Union or by a state, and Parliament has exclusive power to make laws on GST where the supply takes place in the course of inter-state trade or commerce.
Supremacy of the Union
The Constitution secures the predominance of the Union List over the State List and the Concurrent List, and of the Concurrent List over the State List. Where the Union List and the State List overlap, the former prevails; where the Union List and the Concurrent List overlap, the former prevails; where the Concurrent List and the State List conflict, the former prevails. On a Concurrent List subject where there is a conflict between a central law and a state law, the central law prevails, except where the state law was reserved for the President’s assent and received it, in which case the state law prevails in that state. Parliament can also make laws for any part of the territory of India not included in a state, even on matters in the State List, such as for the Union Territories.
Parliament and the State List: Five Extraordinary Circumstances
| Circumstance | Effect |
|---|---|
| Rajya Sabha resolution (two-thirds present and voting) that it is necessary in the national interest | Parliament may legislate on the State List matter for one year at a time; laws cease six months after the resolution lapses |
| During a National Emergency | Parliament may legislate on State List matters; laws lapse six months after the Emergency ends |
| When two or more states request | Parliament may legislate for those states, and others may adopt the law later; examples include the Prize Competition Act, 1955, Wild Life (Protection) Act, 1972 and the Water (Prevention and Control of Pollution) Act, 1974 |
| To implement international agreements | Parliament may legislate on any State List matter; examples include the Geneva Convention Act, 1960 and Anti-Hijacking Act, 1982 |
| During President’s Rule in a state | Parliament may legislate on any State List matter for that state, and the law continues even after the President’s Rule but can be altered or repealed by the state legislature |
Amending the Seventh Schedule
Any change in the lists of the Seventh Schedule, in the representation of states in Parliament, or in the legislative distribution of powers, needs a special majority of Parliament together with ratification by the legislatures of at least half of the states, under Article 368. This reflects its federal character: the Centre cannot alone alter the division of legislative powers.
Why Is This Topic Important?
- Core of federalism High-frequency topic
- 42nd Amendment Five subjects transferred
- Parliament and the State List Five circumstances asked
What Came Next?
The next topic covers the Eighth Schedule, the languages recognised by the Constitution.
Key People and Terms
- Union List Parliament’s exclusive subjects
- State List State subjects
- Concurrent List Shared subjects
- Residuary power Subjects not in any list
- Repugnancy Conflict between central and state laws
Exam Corner
Points to Remember
- 98 / 59 / 52 subjects.
- 42nd Amendment: five subjects to Concurrent List.
- Residuary powers: Parliament.
- Five circumstances for State List laws.
- Amendment needs half the states.
Do Not Confuse With
- Concurrent List and State List Conflict resolved for the Centre
- Rajya Sabha resolution and Emergency One year at a time versus duration of emergency
- Seventh Schedule and Article 246 Lists versus the Article giving power
Memory Hook
Ninety-eight, fifty-nine, fifty-two: and the Centre wins when lists collide.
Mains Angle
Questions on this topic usually ask about the federal balance. Use these points to add depth.
- Strong Centre Union List and residuary powers
- Concurrent subjects Central supremacy
- Extraordinary powers Five circumstances
- Cooperative federalism GST amendment
A Question You May Face
An original practice question, not a past paper question.
“Discuss how the Seventh Schedule distributes legislative powers and the circumstances in which Parliament can legislate on State List subjects.”
How to Answer
- Introduction Three lists.
- Distribution Examples and logic.
- Extraordinary power Five cases.
- Conclusion Federal balance.
GS Relevance
Frequently Asked Questions
What is the Seventh Schedule?
The Seventh Schedule divides legislative powers between the Centre and the states into the Union List of 98 subjects, the State List of 59 subjects and the Concurrent List of 52 subjects, under Article 246 of the Constitution.
Who has residuary powers of legislation in India?
The power to make laws on residuary subjects, which are matters not enumerated in any of the three lists, including the power to levy residuary taxes, is vested in Parliament, unlike the United States where residuary powers lie with the states.
Which subjects were moved to the Concurrent List by the 42nd Amendment?
The 42nd Amendment Act of 1976 transferred five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice, which strengthened central control over them.
When can Parliament legislate on a State List subject?
In five circumstances: when the Rajya Sabha passes a two-thirds resolution in the national interest, during a National Emergency, when states request, to implement international agreements and during President’s Rule in a state, each with its own limits.
What happens when central and state laws conflict on a Concurrent subject?
The central law prevails over the state law, except where the state law was reserved for the President’s assent and received it, in which case the state law prevails in that particular state, as Article 254 provides.
PYQ Practice — Statement Analysis
1 Residuary powers of legislation rest with the states.
With Parliament.
2 Education was transferred to the Concurrent List by the 42nd Amendment.
In 1976.
3 The Union List has 98 subjects at present.
Originally 97.
4 Parliament can legislate on the State List during a National Emergency.
For its duration.
Related Topics
Browse the full Indian Polity index