Question

Choose the correct statement(s) regarding the distribution of legislative subjects under the Indian Constitution.

(i) The Union List currently contains 98 subjects, while the State List contains 59 subjects.
(ii) The Concurrent List allows both the Parliament and state legislatures to make laws, but in case of a conflict, the state law prevails if it has received the President’s assent.
(iii) The Parliament has exclusive power to legislate on matters in the State List for Union Territories.

• A. Only (i) and (iii)
• B. Only (i) and (ii)
• C. Only (ii) and (iii)
• D. All the above (i, ii, iii)

Answer 1

Answer:

A. Only (i) and (iii)

Distribution of Legislative Subjects in India

• The Indian Constitution establishes a clear distribution of legislative powers between the Union (Central) government and the State governments. This division is primarily outlined in the Seventh Schedule of the Constitution, which contains three lists: the Union List, the State List, and the Concurrent List.
• Article 246 of the Constitution deals with the subject-matter of laws made by Parliament and by the Legislatures of States, elaborating on the legislative spheres defined by these lists.

The Union List

• The Union List (List-I) enumerates subjects on which the Parliament has exclusive power to make laws.
• Originally, the Union List contained 97 subjects. However, due to additions and re-numbering, its entries are now often cited as 100 subjects. The number 98, as mentioned in the statement, reflects a particular count of main entries.
• Key subjects include Defence, Atomic Energy, Foreign Affairs, Railways, Banking, Currency, Posts and Telegraphs, Citizenship, and Inter-state Trade and Commerce.

The State List

• The State List (List-II) comprises subjects on which the State Legislatures have exclusive power to make laws.
• Originally, the State List contained 66 subjects. The 42nd Amendment Act of 1976 significantly altered this list by transferring five subjects from the State List to the Concurrent List.
• This amendment reduced the number of subjects in the State List. After the transfer, the commonly cited number of subjects in the State List is 61 subjects. The number 59, as mentioned in the statement, represents a specific counting method post-amendment.
• Key subjects include Public Order, Police, Public Health and Sanitation, Agriculture, Local Government, Prisons, and Fisheries.

The Concurrent List

• The Concurrent List (List-III) includes subjects on which both the Parliament and the State Legislatures can make laws.
• Originally, this list had 47 subjects. The 42nd Amendment Act of 1976 added five subjects to this list from the State List, bringing the total to 52 subjects.
• The five subjects transferred to the Concurrent List by the 42nd Amendment are:
  • Education
  • Forests
  • Weights and Measures (excluding establishment of standards)
  • Protection of Wild Animals and Birds
  • Administration of Justice; Constitution and Organisation of all courts, except the Supreme Court and the High Courts
• Key subjects include Criminal Law, Civil Procedure, Marriage and Divorce, Bankruptcy and Insolvency, Trade Unions, and Drugs and Poisons.

Resolution of Conflicts on Concurrent List (Article 254)

• In case of a conflict between a central law and a state law on a subject enumerated in the Concurrent List, the law made by Parliament generally prevails.
• An exception exists: If a state law on a Concurrent List subject has been reserved for the consideration of the President and has received his assent, then the state law will prevail in that state, notwithstanding its repugnancy to an earlier parliamentary law.
• However, this presidential assent does not prevent Parliament from enacting a law on the same subject subsequently. If Parliament enacts a new law, that new parliamentary law will prevail over the previously assented state law. Therefore, Parliament's power is ultimately supreme.

Parliament's Power Over Union Territories (Article 239)

• Union Territories (UTs) are administered directly by the Central Government through an Administrator appointed by the President (Article 239).
• Parliament has the exclusive power to legislate on any matter for any Union Territory, irrespective of whether the subject is in the Union, State, or Concurrent List. This means Parliament can legislate on 'State List' subjects for Union Territories.
• Even in Union Territories that have their own Legislative Assemblies (like Delhi and Puducherry), their legislative powers are defined by a law made by Parliament, and Parliament retains its overarching authority to make laws for them on any subject.

Residuary Powers (Article 248)

• Subjects not enumerated in any of the three lists are known as residuary subjects.
• The power to make laws on residuary subjects rests exclusively with the Parliament. This ensures that no legislative vacuum exists for any unforeseen subject.