Question

Consider the following statements regarding the distribution of legislative subjects.

(i) The Union List has precedence over both the State List and the Concurrent List in case of a conflict.
(ii) The state legislature has exclusive power to legislate on any matter in the State List, except in Union Territories.
(iii) The Concurrent List originally contained 52 subjects, which has now been reduced to 47 subjects.

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (i) and (iii) only
• D. All of the above

Answer 1

Answer:

A. (i) and (ii) only

Understanding Legislative Subject Distribution in India

• The Indian Constitution, through its Seventh Schedule, distributes legislative powers between the Union (Central) Government and the State Governments. This distribution is categorized into three lists: the Union List (List I), the State List (List II), and the Concurrent List (List III).
• This scheme of distribution is fundamental to India's federal structure, ensuring a clear division of responsibilities while allowing for cooperation.

Union List (List I)

• The Union List comprises subjects on which the Parliament has exclusive power to make laws. These are typically matters of national importance.
• Examples include defence, foreign affairs, railways, banking, currency, atomic energy, and communication.
• There are currently 98 subjects (originally 97) in the Union List.
• In case of a conflict or overlapping interpretation between a subject in the Union List and another list, the Union List generally holds precedence. This principle, often derived from Article 246 and the doctrine of 'pith and substance', reinforces the supremacy of parliamentary legislation on matters of national importance.

State List (List II)

• The State List consists of subjects on which the State Legislatures have exclusive power to make laws. These relate to local and regional interests.
• Examples include public order, police, public health and sanitation, agriculture, local government, and prisons.
• There are currently 59 subjects (originally 66) in the State List.
• While State Legislatures generally have exclusive power over these subjects, this exclusivity does not extend to Union Territories. For Union Territories, Parliament retains the power to legislate on any subject, including those in the State List, as outlined in Article 239. Even if a Union Territory has its own legislature (like Delhi or Puducherry), Parliament's laws on State List subjects will prevail.

Concurrent List (List III)

• The Concurrent List includes subjects on which both the Parliament and the State Legislatures can make laws.
• Examples include criminal law, civil procedure, marriage and divorce, factories, trade unions, electricity, and economic and social planning.
• Originally, the Concurrent List contained 47 subjects.
• The 42nd Constitutional Amendment Act of 1976, often referred to as the 'Mini Constitution', transferred five subjects from the State List to the Concurrent List. These five subjects are:
  • Education
  • Forests
  • Weights and Measures (except 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
• After this amendment, the Concurrent List now contains 52 subjects.
• In case of a conflict or repugnancy between a Central law and a State law on a subject in the Concurrent List, the Central law generally prevails as per Article 254. However, if a State law on a Concurrent List subject has been reserved for the consideration of the President and has received his assent, it will prevail in that particular State, though Parliament can still subsequently legislate on the same matter to override it.