Malcolm Rivera
The Seventh Schedule of the Indian Constitution is a key component of the country's legislative framework, outlining the division of powers between the Union government and State governments. It is one of 12 schedules that make up the Indian Constitution and is structured into three lists: the Union List, the State List, and the Concurrent List. These lists specify the subjects that fall under the jurisdiction of each level of government, with the Concurrent List allowing for shared legislative power. The Seventh Schedule is an important topic for IAS aspirants, as it forms a crucial part of the UPSC Syllabus and examines the understanding of Indian polity and law formulation.
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What You'll Learn
Division of powers between Union and State governments
The Seventh Schedule of the Indian Constitution defines and specifies the allocation of powers and functions between the Union and State governments. It embodies three lists: the Union List, the State List, and the Concurrent List.
The Union List enumerates subjects over which the power of the Union parliament extends. The State List enumerates subjects for state legislation. The Concurrent List includes subjects that both the Union and State governments can consider.
The Union List is a list of 97 subjects (originally 99), over which the Union Government or Parliament of India has exclusive power to legislate. This list is divided into a legislative/general part (entries 1-81) and a taxation part (entries 82-92C). The general part pertains to non-taxation issues, while the taxation part pertains to taxation issues. Examples of subjects on the Union List include:
- Acquisition or requisitioning of property for the purposes of the Union
- Trade and commerce with foreign countries, including import and export across customs frontiers
- Criminal law and criminal procedure
- Marriage and divorce
- Education, including technical and medical education, and universities
The State List includes 66 subjects for state legislation. Examples of subjects on the State List include:
- Local government, including the constitution and powers of municipal corporations, district boards, and other local authorities for local self-government or village administration
- Public health and sanitation, hospitals, and dispensaries
- Pilgrimages within India
- Taxes on the sale or purchase of goods, on advertisements, and on goods and passengers carried by road or inland waterways
- Libraries, museums, and other similar institutions controlled or financed by the State
The Concurrent List includes 47 subjects on which both the Union parliament and the state legislatures are empowered to legislate. However, in cases of conflict between Union and State laws, the central law prevails. Examples of subjects on the Concurrent List include:
- Administration of justice and the organisation of courts, except the Supreme Court and High Courts
- Civil procedure, including all matters included in the Code of Civil Procedure
- Welfare of labour, including conditions of work, employers' liability, and workmen's compensation
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Allocation of powers and functions
The Seventh Schedule of the Indian Constitution is primarily concerned with the allocation of powers and functions between the Union and State governments. It is part of the 12 Schedules of the Indian Constitution and is outlined in Articles 245 and 246.
The Seventh Schedule embodies three lists: the Union List, the State List, and the Concurrent List. The Union List enumerates 97 subjects (or 99, according to another source) over which the Union Parliament has exclusive power to legislate. This list is divided into a legislative/general part (entries 1-81) and a taxation part (entries 82-92C). The general part covers non-taxation issues, while the taxation part covers taxation matters. The Union List includes subjects such as the acquisition or requisitioning of property, trade and commerce with foreign countries, and the regulation and winding up of trading corporations.
The State List, meanwhile, enumerates 66 subjects for state legislation. This list includes topics such as local government, public health and sanitation, pilgrimages within India, and intoxicating liquors.
The Concurrent List includes 47 subjects (although another source states 52) on which both the Union and State legislatures can make laws. However, in the event of a conflict between Union and State laws, the central law of the Union prevails. The Concurrent List includes subjects such as criminal law and procedure, marriage and divorce, education, and welfare of labour.
It is important to note that the Seventh Schedule also addresses residual powers. Under Article 248, the Parliament is granted the power to make laws on subjects not listed in any of the three lists. These residual subjects include space technology, cyber law, and computer technology. Additionally, the Union Parliament is empowered to legislate for the Union territories on all subjects, including those listed under the State List.
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Legislative sections
The Seventh Schedule of the Indian Constitution outlines the division of powers between the Union government and State governments. It is part of the 12 Schedules of the Indian Constitution and is important for the IAS Exam.
The Seventh Schedule embodies three lists: the Union List, the State List, and the Concurrent List. These lists specify the divisions of power between the Union and State governments. The legislative section is divided into these three lists, with 97, 66, and 47 subjects respectively.
The Union List enumerates 97 subjects over which the power of the Union parliament extends. This list is divided into the legislative/general part (entries 1-81) and the taxation part (entries 82-92C). The general part pertains to non-taxation issues, while the taxation part covers taxation-related matters. The Union Government or Parliament of India has exclusive power to legislate on matters relating to these 97 subjects.
The State List, on the other hand, enumerates 66 subjects for state legislation. This list includes topics such as local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India, and intoxicating liquors, among others.
The Concurrent List includes 47 subjects on which both the Union and State legislatures are empowered to legislate. However, in cases of conflict between Union and State laws, the central law prevails. The Concurrent List includes subjects such as criminal law and procedure, preventive detention, marriage and divorce, education, and welfare of labour.
The Seventh Schedule also addresses residual powers. Under Article 248, the Parliament can make laws on subjects not listed in any of the three lists. Additionally, the Union Parliament has the power to legislate for the Union territories on all subjects, including those enumerated in the State list.
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Residuary subjects
The Seventh Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is part of the 12 Schedules of the Indian Constitution. The Seventh Schedule divides powers between the Union and State governments through three lists: the Union List, the State List, and the Concurrent List.
The subjects that are not listed in any of the three lists of the Seventh Schedule are called the residuary subjects. Under Article 248 of the Constitution, Parliament has the power to make laws on these subjects. This includes the power to make laws imposing a tax not mentioned in either of the other two lists. Residuary powers are entrusted to the Centre, or the Union government, and Parliament has exclusive power to make laws with respect to any matter not enumerated in the Concurrent or State Lists.
The three lists attempt an exhaustive enumeration of all possible subjects of legislation, and the courts interpret the sphere of these powers liberally. However, Parliament's residuary power should not be interpreted so expansively as to reduce the power of the State Legislatures.
The decision to allocate residuary powers to the Centre was made in the Constituent Assembly after the decision for the partition of India. This was done to create a strong centre and allocate residuary powers to the Union government.
Examples of residuary subjects include space technology, cyber law, and computer technology.
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Concurrent List subjects
The Seventh Schedule of the Indian Constitution is an integral part of the constitution, regulating the relationship between the Centre and the States. It specifies the Union List, State List, and Concurrent List, defining the division of legislative powers. The Concurrent List is a list of subjects on which both the Union and State legislatures enjoy jurisdiction over.
The Concurrent List embodies 47 subjects, on which both the Union parliament and the state legislatures are empowered to legislate. However, in the case of conflicting laws made by the Union and the State, the central law or Parliamentary law prevails. The Concurrent List includes 52 subjects, originally 47. The Concurrent List is unique to India, serving to avoid excessive rigidity in a two-fold distribution of power.
The Concurrent List includes matters such as taxes on vehicles, whether mechanically propelled or not, and taxes on entertainments and amusements levied and collected by a Panchayat, Municipality, Regional Council, or District Council. It also includes rates of stamp duty, offences against laws with respect to any of the matters in the list, and the jurisdiction and powers of all courts, except the Supreme Court.
The Seventh Schedule provides a clear division of powers between the Centre and the States, preventing conflict and maintaining peace and harmony. It is a cornerstone of India's federal structure, ensuring a clear separation of powers and providing autonomy to the States. The Schedule can be amended through a constitutional amendment requiring a special majority in Parliament and ratification by half the states.
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Frequently asked questions
The Seventh Schedule of the Indian Constitution defines and specifies the allocation of powers and functions between the Union and State legislatures.
The Seventh Schedule embodies three lists: the Union List, the State List, and the Concurrent List.
The Concurrent List is a list of 52 items (though the last subject is numbered 47) on which both the Union and State legislatures are empowered to legislate. However, the central law prevails in the case of conflicting laws.
