Maarg Manthan · Topic 22.2

Union List, State List and Concurrent List (Seventh Schedule)

Indian Polity › Centre-State Relations · Topic 22.2

The Seventh Schedule has the Union List (98 subjects, Parliament exclusive), the State List (59, states exclusive in normal times) and the Concurrent List (52, both, with central law prevailing), with residuary powers in Parliament.

Share:
Union List, State List and Concurrent List (Seventh Schedule) - Indian Polity - MaargX UPSC Maarg Manthan

At a Glance

  • What it is The three-fold distribution of legislative subjects
  • Schedule Seventh Schedule; Article 246
  • Union List 98 subjects (originally 97)
  • State List 59; Concurrent List 52 Originally 66 and 47
  • Exam link UPSC Prelims, Polity: Centre-State Relations

Where Does It Fit?

This is the second topic of the category on Centre-State Relations. The Constitution provides for a three-fold distribution of legislative subjects between the Centre and the states: List I (the Union List), List II (the State List) and List III (the Concurrent List) in the Seventh Schedule.

The Three Lists

List Subjects now Originally Examples Who legislates
Union (List I) 98 97 Defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit Parliament exclusively
State (List II) 59 66 Public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling State legislature exclusively in normal circumstances
Concurrent (List III) 52 47 Criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare, economic and social planning, drugs, newspapers and printing presses Both; central law prevails in conflict

Transfers and Special Provisions

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, constitution and organisation of all courts except the Supreme Court and High Courts. Parliament has power to make laws on any matter for any part of the territory of India not included in a state, even if the matter is in the State List, which refers to Union territories. The 101st Amendment of 2016 made a special provision on the goods and services tax: both Parliament and the state legislature can make laws on GST, and Parliament has exclusive power where the supply takes place in the course of inter-state trade or commerce (Article 246A).

Principle Behind the Distribution

Matters of national importance and those requiring uniformity of legislation nationwide are included in the Union List. Matters of regional and local importance, which 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, which thus permits diversity along with uniformity. The Constitution expressly secures the predominance of the Union List over the State and Concurrent Lists, and of the Concurrent List over the State List. In case of overlap between the Union and State Lists, the Union List prevails; between the Union and Concurrent Lists, the Union List prevails; between the Concurrent and State Lists, the Concurrent List prevails.

Conflict in the Concurrent List

Where there is a conflict between a central law and a state law on a Concurrent List subject, the central law prevails. There is one exception. If the state law has been reserved for the consideration of the President and has received the President’s assent, the state law prevails in that state. But Parliament can still override such a law by subsequently making a law on the same matter (Article 254). The numbering of the lists shows modifications over time: the Union List’s last entry is numbered 97 but there are 98 entries, because entries 2A, 92A and 92B were added and entries 33, 92 and 92C omitted; the State List’s last entry is 66 but there are 59 entries, with entries 11, 19, 20, 29, 36, 52 and 55 omitted; and the Concurrent List’s last entry is 47 but has 52 entries, with 11A, 17A, 17B, 20A and 33A added.

Taxes in the Lists

The Union List contains 13 tax entries and the State List 18, while the Concurrent List has none except for GST after the 101st Amendment. Examples of subjects in each list show the logic of the division. Currency and defence need a single national authority, so they sit in the Union List. Public order and police, agriculture and local government are close to the people and differ from place to place, so they sit in the State List. Marriage and divorce and criminal procedure benefit from a common framework but also permit state variations, so they are Concurrent.

Comparison with Other Federations

Country Pattern of enumeration Residuary powers
USA Single enumeration of Federal powers States
Australia Single enumeration (American pattern) States
Canada Double enumeration: Federal and Provincial Centre
Government of India Act, 1935 Three-fold: federal, provincial and concurrent Governor-General
India Three-fold: Union, State and Concurrent Parliament

Why Is This Topic Important?

  • Numbers and examples Entries per list are asked
  • 42nd Amendment transfers Five subjects
  • Conflict rules Frequent statement-based questions

What Came Next?

The next topic covers the residuary powers of legislation under Article 248.

Key People and Terms

  • Seventh Schedule Three lists of subjects
  • Concurrent List Shared subjects
  • Repugnancy Conflict between laws
  • Entry A subject in a list
  • Article 246A GST provision

Exam Corner

Points to Remember

  • Union 98, State 59, Concurrent 52.
  • 42nd Amendment moved five subjects to the Concurrent List.
  • Central law prevails in the Concurrent List.
  • Exception: state law with President’s assent.

Do Not Confuse With

  • Original and present counts 97/66/47 versus 98/59/52
  • Concurrent List and State List Concurrent prevails in overlap
  • Union and Concurrent List Union prevails

Memory Hook

Ninety-eight, fifty-nine, fifty-two: Union top, Concurrent middle, State below.

Mains Angle

Questions on this topic usually ask about the balance of the lists. Use these points to add depth.

  • Strong Centre More and more important subjects in the Union List
  • Concurrent List growth Education and forests added
  • Predominance rules Union over State
  • GST New concurrent arrangement

A Question You May Face

An original practice question, not a past paper question.

“Discuss the distribution of legislative powers between the Centre and states under the Seventh Schedule.”

How to Answer

  1. Introduction Three lists.
  2. Subjects Counts and examples.
  3. Conflict Predominance.
  4. Conclusion Strong Centre.

GS Relevance

Prelims: Indian Polity, federalism. GS Paper 2: Centre-State relations.

Frequently Asked Questions

How many subjects are in the Union, State and Concurrent Lists?

The Union List has 98 subjects, originally 97, the State List 59, originally 66, and the Concurrent List 52, originally 47. Numbers differ because entries have been added or omitted by amendments. The totals keep changing with amendments.

What did the 42nd Amendment do to the lists?

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 and constitution of all courts except the Supreme Court and High Courts.

What happens if a central law conflicts with a state law on a Concurrent subject?

The central law prevails. The exception is a state law that has been reserved for the President and received his assent, which then prevails in that state, though Parliament can later override it by making a law on the same matter.

What is the principle behind the three lists?

Matters of national importance and requiring uniformity are in the Union List, matters of regional importance permitting diversity are in the State List, and matters where uniformity is desirable but not essential are in the Concurrent List.

Where do residuary powers lie?

The power to make laws on residuary subjects, those not mentioned in any of the three lists, is vested in Parliament, including the power to levy residuary taxes, unlike in the USA where such powers lie with the states.

PYQ Practice — Statement Analysis

1 Education was transferred to the Concurrent List by the 42nd Amendment.
True

In 1976.

2 The State List prevails over the Concurrent List.
False

Concurrent prevails.

3 The Union List has 97 subjects now.
False

98 now; 97 originally.

4 Residuary powers of legislation are with the states in India.
False

With Parliament.

Share: