Simone Lawson
The Concurrent List of the Indian Constitution is a list of subjects on which both the Union and State governments can make laws. The Concurrent List, which was borrowed from the Constitution of Australia, was created to avoid excessive rigidity in a two-fold distribution of power between the Union and State governments. The list initially contained 47 subjects, but after the 42nd Constitutional Amendment in 1976, the number of subjects increased to 52. The Concurrent List includes subjects such as education, transfer of property, forests, trade unions, and adoption, among others.
| Characteristics | Values |
|---|---|
| Number of subjects | 52 (originally 47) |
| Subjects | Education, transfer of property other than agricultural land, forests, trade unions, adulteration, adoption and succession, administration of justice, constitution and organisation of all courts except the Supreme Court and the High Court |
| Legislative power | Both the Parliament and the State Legislatures can make laws on the subjects included in this list |
| Conflict resolution | In case of a conflict between the Union and the State law relating to the same subject, the Union law prevails over the State law |
| Taxation | Three subjects on which both the Union and state governments can charge taxes |
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What You'll Learn
The Concurrent List and the division of power
The Concurrent List in the Indian Constitution is a unique feature, not found in any other federal constitution. It is a list of subjects on which both the Union and the States can make laws. It is part of the Seventh Schedule of the Constitution, which provides for three lists: the Union List, the State List, and the Concurrent List. These lists enumerate the subject matters on which the various legislative bodies have the power to make laws.
The Concurrent List was designed to be a flexible device, allowing the states to take the initiative on less important matters, while Parliament could take the lead on more significant issues. The List helps to maintain harmony between the centre and the states by clearly separating powers and preventing the union from changing the fundamentals of the constitution.
The Concurrent List originally contained 47 subjects, but this was increased to 52 after the 42nd Constitutional Amendment in 1976. The List includes subjects such as education, transfer of property, forests, trade unions, and adoption. Both Parliament and the State Legislatures can make laws on these subjects, but in the case of a conflict between Union and State law on the same subject, the Union law prevails.
The Concurrent List also allows for three subjects on which both the Union and state governments can charge taxes. This is in contrast to the State List, which contains 20 subjects on which the state legislatures have sole authority to collect taxes.
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The Seventh Schedule of the Indian Constitution
The Union List, which falls under Article 246 of the Indian Constitution, enumerates subjects over which the Union Parliament has the power to make laws. This list includes 97 subjects, although some sources cite 99, and covers areas such as the acquisition or requisitioning of property for Union purposes, trade and commerce with foreign countries, and the establishment of standards of quality for goods exported from India. The Union Parliament also has exclusive power to make laws on subjects not mentioned in any of the three lists and can legislate for Union territories on all subjects, including those on the State List.
The State List, also part of Article 246, gives the State Legislature exclusive power to make laws for the state or any part of it regarding the 66 subjects enumerated. This list covers areas such as the administration of justice, the constitution and organisation of courts (excluding the Supreme Court and High Court), and the incorporation and regulation of corporations.
The Concurrent List, also covered by Article 246, includes 47 subjects (increased to 52 after the 42nd Constitutional Amendment in 1976) on which both the Union and State governments can make laws. This list covers areas of common interest, such as education, transfer of property, forests, trade unions, and adoption. While both levels of government can legislate on these subjects, in the case of a conflict between Union and State law on the same subject, Union law prevails.
The Seventh Schedule thus provides a framework for power-sharing and legislative authority between the Union and State governments in India, with the Concurrent List being a key component that allows for collaboration and joint decision-making on specific subjects.
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The Union List and State List
The Concurrent List in the Indian Constitution consists of subjects of common interest to both the Union and the States. Both the Parliament and the State Legislatures can make laws on the subjects included in this list. In the case of a conflict between the Union and the State law relating to the same subject, the Union law prevails over the State law. The Concurrent List includes subjects like education, transfer of property other than agricultural land, forests, trade unions, adulteration, adoption, and succession. The Concurrent List is part of the Seventh Schedule of the Indian Constitution, which deals with power-sharing between the state and the centre.
The Union List, also known as List I, is a list of subjects on which the Parliament has exclusive power to legislate. The Union List is part of the Seventh Schedule of the Indian Constitution and contains 97 items (after the removal of entry 92 and 92c through the 101st Constitutional Amendment Act 2016). The Union List includes subjects such as defence of India, naval, military, and air forces, armed forces of the Union, deployment of armed forces in aid of civil power, foreign affairs, foreign trade and commerce, inter-state trade and commerce, regulation and development of inter-state rivers and river valleys, fishing and fisheries beyond territorial waters, manufacture and distribution of salt, cultivation and sale of opium, sanctioning of cinematograph films for exhibition, industrial disputes concerning Union employees, and institutions of national importance.
The State List, also referred to as List II, is a list of subjects on which the State Legislatures have the exclusive power to make laws. The State List is also part of the Seventh Schedule of the Indian Constitution. The State List includes 20 subjects, such as public order, police, local government, public health and sanitation, agriculture, prisons, and religious and charitable endowments. While the State List originally contained more subjects, the number has gradually reduced over time, with some subjects being transferred to the Concurrent List.
The legislative sections of the Indian Constitution are divided into three lists: the Union List, the State List, and the Concurrent List. Residual powers remain with the Central Government in India, which sets it apart from federal governments in the United States, Switzerland, and Australia.
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The subjects of the Concurrent List
The Concurrent List of the Indian Constitution is a list of subjects on which both the Union and State governments can make laws. It is part of the Seventh Schedule of the Constitution, which provides for three lists that distribute legislative powers: the Union List, the State List, and the Concurrent List. The Concurrent List was created to serve as a device to avoid excessive rigidity in the two-fold distribution of powers between the Union and State governments.
The Concurrent List originally contained 47 subjects, but this was increased to 52 after the 42nd Constitutional Amendment in 1976. The subjects on the list are of common interest to both the Union and the States, and neither exclusively of national concern nor of local concern, hence occupying a constitutional grey area. In the case of a conflict between Union and State law on the same subject, the Union law prevails over the State law.
The Concurrent List includes subjects such as education, the transfer of property (excluding agricultural land), forests, trade unions, adulteration, adoption, and succession. It also includes the administration of justice and the constitution and organisation of all courts except the Supreme Court and the High Court. Additionally, there are three subjects on the Concurrent List on which both the Union and State governments can charge taxes.
The Concurrent List allows for flexibility and cooperation between the Union and State governments in legislating on matters of common interest. It provides a framework for power-sharing and helps maintain peace and harmony between the centre and the states.
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The evolution of the Concurrent List
The Concurrent List of the Indian Constitution is a list of subjects on which both the Union and State governments can make laws. The Concurrent List includes subjects of common interest to both the Union and the States. The legislative section is divided into three lists: the Union List, the State List, and the Concurrent List. The Concurrent List initially consisted of 47 items, but after the 42nd Constitutional Amendment in 1976, the subjects increased to 52. The 42nd Amendment Act was one of the most controversial, restructuring the Seventh Schedule and transferring subjects like education, forest, protection of wild animals and birds, administration of justice, and weights and measurements from the State List to the Concurrent List.
The Concurrent List includes subjects such as criminal law, marriage and divorce, infants and minors, adoption, wills, intestacy and succession, joint family and partition, transfer of property other than agricultural land, registration of deeds and documents, contracts, administration of justice, constitution and organisation of courts, evidence and oaths, recognition of laws, public acts and records, judicial proceedings, civil procedure, and more.
There is an exception to the Concurrent List in cases where a law made by the State Legislature conflicts with an earlier law made by Parliament or an existing law on the same matter. In such cases, the law made by the State Legislature can prevail if it has been reserved for the consideration of the President and has received their assent. However, Parliament still retains the power to enact laws at any time regarding the same matter, including amending or repealing the law made by the State Legislature.
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Frequently asked questions
The Concurrent List is a list of subjects in the Indian Constitution on which both the Union and State governments can make laws.
The Concurrent List was created to avoid excessive rigidity in a two-fold distribution of power. It allows for flexibility and cooperation between the Union and State governments.
The Concurrent List originally consisted of 47 subjects, but after the 42nd Constitutional Amendment in 1976, the number of subjects increased to 52.
Subjects on the Concurrent List include education, transfer of property, forests, trade unions, and adoption. There are three subjects on which both the Union and State governments can charge taxes.
The Seventh Schedule of the Indian Constitution provides for three lists: the Union List, the State List, and the Concurrent List. These lists outline the subject matters on which the Union Parliament, State Legislature, or both have the power to make laws.
