subjects-lists-in-the-constitution-of-india-in-article-246-7th-schedule-indian-polity

UNION LIST, STATE LIST AND CONCURRENT LIST [7th Schedule, Article 246]
Division of subjects between the Union and the states is an essential feature of the Federal polity like India. In the Indian Constitution, there are three lists in seventh schedule given under article 246. The subjects which can best be handled from a level closer to the ground are given in the state list and the subjects which can best be handled through the national level like communication, shipping, currency etc. are given in the Union List.In between these two extremes is a Concurrent listwhich contains subjects which require coordination between the centre and the states. 
Time and again, demands rae made by the political leaders for transfer of subjects like Health from state list to concurrent list. Demand has also been made of altogether abolition of Concurrent list.
 

Union List
The Union list originally had 97 subjects. Today, it has got 100 subjects.

1. Defence of India
2. Naval, military and air forces; any other armed forces of the Union
2A. Deployment of any armed force of the Union in any state in aid of the civil power
3. Cantonment areas and local self-govermment in such areas
4. Naval, military and air force works
5. Arms, firearms, ammunition, and explosives
6. Atomic energy and mineral resources necessary for its production
7. Defence Industries
8. Central Bureau of intelligence and investigation
9. Preventive detention for reasons connected with defence, foreign affairs, or the security of India
10. Foreign affairs
11. Diplomatic, consular and trade representation
12. United Nations Organisation
13. International conferences, associations and other bodies
14. Treaties, agreements and conventions with foreign countries
15. War and peace
16. Foreign jurisdiction
17. Citizenship, naturalisation and aliens
18. Extradition
19. Passports and visas
20. Pilgrimages to places outside India
21. Piracies and crimes committed on the high seas or in the air and offences against the law of nations.
22. Railways
23. National highways
24. Shipping and navigation on national waterways
25. Maritime shipping and navigation
26. Lighthouses for the safety of shipping and aircraft
27. Major ports
28. Port quarantine, seaman and marine hospitals
29. Airways; aircraft and air navigation; provision of aerodromes
30. Carriage of passengers and goods by railway, sea, air or national waterways
31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication
32. Property of the Union
33. Courts of wards for the estates of rulers of Indian states
34. Public debt of the Union
35. Currency, coinage and legal tender; foreign exchange
36. Foreign loans
37. Reserve Bank of India
38. Post office savings bank
39. Lotteries organised by the Union or state
40. Trade and commerce with foreign countries
41. Inter-state trade and commerce
42. Trading corporations, including banking, insurance and financial corporations but not including co-operative societies
43. Corporations, whether trading or not, with objects not confined to one state
44. Banking
45. Bills of exhange, cheques, promissory notes and other like instruments
46. Insurance
47. Stock exchange and futures markets
48. Patents, inventions and designs; copyright; trade-marks and merchandise marks
49. Establishment of standards of weight and measure
50. Establishment of standards of quality for goods to be exported out of India or transported from one state to another
51. Industries, the control of which by the public interest
52. Oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances which are inflammable
53. Regulation of mines and mineral development in the public interest
54. Regulation of labour and safety in mines and oil fields
55. Regulation of development of inter-state rivers and river valleys
56. Fishing and fisheries beyond territorial waters
57. Manufacture, supply and distribution of salt by Union and other agencies
58. Cultivation and manufacture of opium and its export
59. Sanctioning of cinematograph films for exhibition
60. Industrial disputes concerning Union employees
61. National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution of national importance
62. Banaras Hindu University, the Aligarh Muslim University and the Delhi University, any other instutution of national importance
63. Scientific or technical education institutions of national importance
64. Union agencies and institutions for training research or detection of crime
65. Standards in institutions for higher education or research and scientific and technical institutions
66. Ancient and historical monuments and records, and archaeological sites and remains of national importance
67. The Survey of India, the geological, botanical, zoological and anthropological surveys of India, meteorological organisations
68. Census
69. Union Public Services; All-India Services; Union Public Service Commission
70. Union Pensions
71. Elections to Parliament, the legislatures of states and the offices of President and Vice-President; the Election Commission
72. Salaries and allowances of members and presiding officers of parliament
73. Powers, privileges and immunities of each House of Parliament and of the members and the committees of each House
74. Emoluments and service conditions of the president, governors, the ministers for the Union and the Comptroller and Auditor General
75. Audit of the accounts of the Union and of the states
76. Organisation, jurisdiction and powers of the Supreme Court
77. Organisation of the high courts
78. Extension of the jurisdiction of a high court to any union territory
79. Extension of the powers and jurisdiction of members of a police force belonging to any state to any area outside that state
80. Inter-state migration; inter state quarantine
81. Taxes on income other than agricultural income
82. Duties of customs including export duties
83. Duties of excise on tobacco and other goods except alcoholic liquours for human consumption and opium, indian hamp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol
84. Corporation tax
85. Taxes on the capital value of the assets (exclusive of agricultural land) of individuals and companies; taxes on the capital of companies
86. Estate duty in respect of property other than agricultural land
87. Duties in respect of succession to property other than agricultural land
88. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights
89. Taxes other than stamp duties on transactions in stock exchanges and futures markets
90. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts
91. Taxes on the sale or purchase of newspapers and on advertisements published therein
92. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce
93. Taxes on the consignment of goods in the course of inter-state trade or commerce
94. Taxes on services
95. Offences against laws with respect to any of the matters in this list
96. Inquiries, surveys and statistics for the purpose of any of the matters in this list
97. Jurisdiction and powers of all courts (except the Supreme Court) with respect to any of the matters in this list; admiralty jurisdiction
98. Fees in respect of any of the matters in this list, but not including fees taken in any court
99. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those lists.

 

State List
The State List originally contained 66 items. Now, it has 61 items as 5 items were transferred to Concurrent list via 42nd Constitution Amendment act, 1976. Article 249 empowers the Parliament to legislate on a subject enumerated in the State List in the national interest.
42nd CAA shifted below mentioned five subjects from State list to Concurrent List:

  • Education
  • Forests
  • Protection of wild animals and birds
  • Weights and measures and
  • Administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts

 

1. Public order
2. Police
3. Officers and servants of the high court
4. Prisons, reformatories, borstal institutions and other such institutions
5. Local government
6. Public health and sanitation
7. Pilgrimages, other than pilgrimages to places outside India
8. Intoxicating liquors
9. Relief of the disabled and unemployed
10. Burials and burial grounds
11. (Omitted)
12. Libraries, museums and other similar institutions; ancient and historical monuments and records other than those of national importance
13. Communications, that is, roads, bridges, ferries and other means of communication not specified in List I
14. Agriculture, including agriclutural education and research
15. Preservation of stock and prevention of animal diseases
16. Pounds and the prevention of cattle trespass
17. Water, that is, water supplies, irrigation and canals, drainage and embankments, water storage and water power
18. Land, that is, right in or over land, land tenures and the collection of rents
19. (Omitted)
20. (Omitted)
21. Fisheries
22. Courts of wards
23. Regulation of mines and mineral development
24. Industries
25. Gas and gas-works
26. Trade and commerce within the state
27. Production, supply and distribution of goods
28. Markets and fairs
29. (Omitted)
30. Money-lending and money-lenders; relief of agricultural indebtedness
31. Inns and inn-keepers
32. Corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies
33. Theaters and dramatic performances; cinemas; sports, entertainments and amusements
34. Betting and gambling
35. Works, lands and buildings of the state
36. (Omitted)
37. Elections to the legislature of the state
38. Salaries and allowances of members and presiding officers of the legislature of the state
39. Powers, privileges and immunities of the legislature of the state and of the members and the committees thereof
40. Salaries and allowances of ministers for the state
41. States public services; State Public Service Commission
42. State pensions
43. Public debt of the state
44. Treasure trove
45. Land revenue, including maintenance of land records
46. Taxes on agricultural income
47. Duties in respect of succession to agricultural land
48. Estate duty in respect of agricultural land
49. Taxes on lands and buildings
50. Taxes on mineral rights
51. Duties of excise on alcoholic liquors for human consumption; opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol
52. Taxes on the entry of goods into a local area
53. Taxes on the consumption or sale of electricity
54. Taxes on the sale or purchase of goods other than newspapers
55. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television
56. Taxes on goods and passengers carried by road or on inland waterways
57. Taxes on vehicles
58. Taxes on animals and boats
59. Tolls
60. Taxes on professions, trades, callings and employments
61. Captivation taxes
62. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling
63. Rates of stamp duty in respect of documents other than those specified in List I
64. Offences against laws with respect to any of the matters in this list
65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list
66. Fees in respect of any of the matters in this list, but not including fees taken in any court.

A question that comes to the mind is: Can the Parliament of Inida legislate on a subject given in the State List? 
The answer is : Yes! Parliament can legislate on subjects that are enumerated under State List on three conditions:
When the Rajya Sabha i.e. the Council of States passes resolution:

  • During national emergency (Article 250)
  • When two or more states pass a resolution requesting Parliament to legislate on subjects under State List



Concurrent List
It has 52 subjects enumerated under it. Originally, it had 47subjects. The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia. Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List. 

1. Criminal Law, including all matters included in the Indian penal code
2. Criminal procedure, including all matters included in the code of criminal procedure
3. Preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community
4. Removal from one state to another state of prisoners and accused persons
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition
6. Transfer of property other than agricultural land; registration of deeds and documents
7. Contracts
8. Actionable wrongs
9. Bankruptcy and insolvency
10. Trust and Trustees
11. Administration-general and official trustees
11A. Administrators of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings
13. Civil procedure, including all matters included in the code of civil procedure
14. Contempt of court, but not including contempt of the Supreme Court
15. Vagrancy; nomadic and migratory tribes
16. Lunacy and mental deficiency
17. Prevention of cruelty to animals
17A. Forests
17B. Protection of wild animals and birds
18. Adulteration of foodstuffs and other goods
19. Drugs and poisons
20. Economic and social planning
20A. Population control and family planning
21. Commercial and industrial monopolies, combines and trusts
22. Trade unions; industrial and labour disputes
23. Social security and social insurance; employment and unemployment
24. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits
25. Education, including technical education, medical education and universities
26. Legal, medical and other professions
27. Relief and rehabilitation of persons
28. Charitable institiutions, religious endowments and religious institutions
29. Infectious or contagious diseases or pests affecting men, animals or plants
30. Vital statistics including registration of births and deaths
31. Ports other than major ports
32. Shipping and navigation on inland waterways
33. Trade and commerce in, and the production, supply and distribution of, foodstuffs, including edible oilseeds and oils, cattle fodder; raw cotton, and cotton seeds; and raw jute
33A. Weights and measures except establishment of standards
34. Price control
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied
36. Factories
37. Boilers
38. Electricity
39. Newspapers, books and printing presses
40. Archaeological sites and remains other than those of national importance
41. Evacuee property (including agriclutural land)
42. Acquisition and requisitioning of property
43. Recovery in a state of claims in respect of taxes and other public demands
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list
47. Fees in respect of any of the matters in this list, but not including fees taken in any court.

Demands for adding more subjects to the concurrent list have been rising in the last few years as the political party in power at the Central level has got the majority in the Lok sabha. This may or may not bode well for the national development, but this would definitely do irreversible damage to federal structure of India. The need of the hour is that such jurisdictional disputes should give way to Governance. We should live upto the spirit of Coperative Federalism.
In my next article, I will be dealing with Marble cake and Layered cake model of federalism.
Jatin Verma