Simone Lawson
The Indian Constitution's Union List, State List, and Concurrent List are part of the 7th Schedule, which outlines the division of legislative powers between the Union and State governments. The Union List includes topics of national importance, such as defence, foreign affairs, and communication, that are handled by the central government. The State List includes subjects of local importance, handled by state governments. The Concurrent List includes subjects on which both the Union and state governments can legislate. The 7th Schedule also allows for the creation and alteration of states and union territories, with the Parliament able to form new states and union territories and change the areas, boundaries, and names of existing states.
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What You'll Learn
The Union and its territory
The Indian Constitution, in its Part I, Articles 1 to 4, deals with the Union and its territory, providing a mechanism for making changes to the constitution of states. The term "Union of States" is used to ensure that individual states do not have the right to secede from India.
The 7th Schedule of the Indian Constitution is an integral part of the document, regulating the relationship between the central government and the states. It specifies the Union List, the State List, and the Concurrent List, defining the division of legislative powers and the distinct roles in governance between the Union and State Governments. The Union List includes subjects of national importance, such as defence, foreign affairs, banking, and communication, that are best handled by the central government. The State List, on the other hand, includes subjects of local importance that are best managed by the state governments. The Concurrent List grants power to both the Union and State Governments to legislate on certain subjects.
The Union Government has exclusive power to legislate on subjects in the Union List. Matters such as the regulation and development of inter-state rivers and river valleys, fishing and fisheries beyond territorial waters, the manufacture and distribution of salt, and the cultivation, manufacture, and sale of opium for export are all under the purview of the Union. Additionally, the Union is responsible for the sanctioning of cinematograph films for exhibition, the resolution of industrial disputes concerning Union employees, and the management of institutions of national importance, such as the National Library, the Indian Museum, and the Imperial War Museum.
The Union also has control over major ports and their authorities, port quarantine and hospitals, airways, aircraft, and air navigation. It regulates carriage by railway, sea, air, or national waterways and oversees posts, telegraphs, telephones, wireless, and broadcasting. The Union governs the property and revenue of the central government and has jurisdiction over the extension of High Court powers and inter-state migration and quarantine. The Union is responsible for the defence of India, including naval, military, and air forces, and the delimitation of cantonment areas.
The Parliament, as per Article 4, can form new states, alter the areas, boundaries, or names of existing states without their consent, and make consequential changes to the First and Fourth Schedules. Indian territory can only be ceded to a foreign state by amending the Constitution under Article 368. The Supreme Court upheld this in the In Re: Article 370 of the Constitution (2023) case, affirming the Parliament's power to create a Union Territory from a state.
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The 7th Schedule of the Indian Constitution
The 7th Schedule 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, with the Union Government or Parliament of India having exclusive power to legislate on matters relating to these items. The State List, meanwhile, gives the respective state governments exclusive power to legislate on matters relating to the subjects listed. The Concurrent List embodies subjects on which both the Union parliament and the state legislatures are empowered to legislate, although the constitution gives precedence to union legislation over that of the states.
The Union List is a list of 99 (originally 97) subjects, divided into a legislative/general part (entries 1 to 81) and a taxation part (entries 82 to 92C). The legislative/general part pertains to non-taxation issues, while the taxation part pertains solely to the application of taxes. The State List is a list of 61 (originally 66) subjects, also divided into a legislative/general part (entries 1 to 45) and a taxation part (entries 46 to 63). The Concurrent List is a list of 47 subjects, although some sources state there are 52.
The subjects that are not listed in any of the three lists of the 7th Schedule are called the residual subjects, and the Parliament is empowered to make laws on these subjects under Article 248 of the Constitution. Examples of residual subjects include space technology, cyber law, computer technology, and information technology.
The 7th Schedule is an important topic for UPSC IAS aspirants, as it covers a significant portion of the polity in the Mains General Studies Paper-II syllabus. It is also a topic for the prelims exam.
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Defence of India
The Union in the Indian Constitution refers to the mechanism for making changes to the constitution of states. Articles 1 to 4 in Part I of the Constitution of India, 1950 (COI) deal with the Union and its territory. The First Schedule of the COI contains the names of the states and union territories, as well as their territorial extent.
The Union List in the Constitution of India includes the 'Defence of India and every part thereof, including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation'. This includes the naval, military, and air forces, as well as any other armed forces of the Union. The Union List also includes the delimitation of cantonment areas, local self-government in such areas, and the regulation of house accommodation, including the control of rents.
The Defence of India Act, first enacted in 1915, has been a significant piece of legislation in India's history, particularly during times of war and national emergency. The act was an emergency criminal law enacted by the Governor-General of India to curtail nationalist and revolutionary activities during and after World War I. It granted the executive broad powers of preventive detention, internment without trial, and restrictions on writing, speech, and movement. The act was re-enacted in 1939 at the onset of World War II and was used to suppress the independence movement during that time.
The principles of preventive detention encapsulated in the Defence of India Act have been retained in the Indian Constitution, making it one of the few countries where its citizens may be subjected to such measures. The law has been retained in various amended forms and implemented during several conflicts, including the Sino-Indian War, the Bangladesh crisis, the Emergency of 1975, and the Punjab insurgency.
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The Union List
The list also covers areas such as major ports and their powers, port quarantine and hospitals, airways, aircraft, and air navigation. It includes the carriage of passengers and goods by railway, sea, air, or national waterways, as well as posts and telegraphs, telephones, and broadcasting.
Additionally, the list includes the coordination and standard-setting for institutions of higher education, scientific, or technical research. It also covers ancient monuments and archaeological sites of national importance, various national institutions, and the Central Bureau of Intelligence and Investigation.
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The role of Parliament
The Parliament of India is the country's primary institution responsible for lawmaking and democratic governance. It is composed of the President and two houses: the Lower House or House of People (Lok Sabha), and the Upper House or Council of States (Rajya Sabha). The Parliament meets at Sansad Bhavan in New Delhi, which was inaugurated by Prime Minister Narendra Modi on May 28, 2023.
The Parliament's functions are outlined in the Indian Constitution in Chapter II of Part V. It has the authority to make laws on subjects listed in the Union List and Concurrent List, with bills requiring approval from both houses and the President to become laws. The Parliament can also amend the Constitution with a special majority, enabling modifications to meet changing societal needs. Notably, it holds exclusive authority over matters not covered by the Union or State Lists, known as residuary powers.
The Parliament plays a crucial role in the enactment of laws, with the power to alter, decrease, or increase the boundaries of states and union territories. It also has a legislative function, ensuring deliberation on matters of importance before laws or resolutions are passed. The Parliament serves as an organ of information, with ministers obligated to provide information to the Houses upon request by members.
In addition, the Parliament is involved in the election of the President and Vice President, and it can remove the President through a resolution passed by the Rajya Sabha and agreed upon by the Lok Sabha. The Parliament also has punitive powers to address breaches of privilege by its members.
The Rajya Sabha, as the Upper House, is permanent and cannot be dissolved. Its members serve six-year terms, with one-third retiring every two years. The Lok Sabha, on the other hand, can accommodate up to 1,272 seats for joint sessions of Parliament.
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Frequently asked questions
The Union in the Indian Constitution refers to the Union of States, which clarifies that individual States do not have the right to secede from India. The Indian Constitution deals with the Union and its territory in Articles 1 to 4 of Part I.
The Union List is part of the 7th Schedule of the Indian Constitution, which regulates the relationship between the Central Government and the States. The Union List includes subjects of national importance that are best handled by the Central Government, such as defence, foreign affairs, banking, and communication.
Amending the Union List requires a special majority in Parliament and ratification by half of the State Legislatures by a simple majority.
