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Understanding the Union List and Legislative Powers in India
The Constitution of India categorizes powers between the Union (Centre) and the states into three lists: the Union List (97 Subjects), the State List (66 Subjects), and the Concurrent List(47 Subjects).
1. Union List. This list contains subjects on which only the Central Government can make laws. There are 97 subjects in the Union List, including:
- Defense
- Foreign Affairs
- Currency and Coinage
- War and Peace
- Atomic Energy
- National Resources
- Railways
- Post and Telegraph
- Citizenship
- Navigation and Shipping
- Foreign Trade
- Inter-State Trade and Commerce
- Banking
- Insurance
- National Highways
- Census
- Elections
- Institutions of Higher Education
2. State List. This list includes subjects on which only state governments can legislate. There are 66 subjects in the State List, such as:
- Public Order
- Police
- State Court Fees
- Prisons
- Local Government
- Public Health and Sanitation
- Hospitals and Dispensaries
- Pilgrimages within India
- Intoxicating Liquors
- Relief of Disabled and Unemployable
- Libraries
- Communications
- Agriculture
- Animal Husbandry
- Water Supply
- Irrigation and Canals
- Fisheries
- Road Passenger Tax and Goods Tax
- Capitation Tax
3. Concurrent List. This list contains subjects on which both the Central and State governments can legislate. There are 52 subjects in the Concurrent List, including:
- Criminal Law
- Criminal Procedure
- Preventive Detention related to State Security
- Marriage and Divorce
- Transfer of Property (excluding Agricultural Land)
- Contract
- Actionable Wrongs
- Bankruptcy and Insolvency
- Trust and Trustees
- Administration of Justice
- Evidence and Oaths
- Civil Procedure
- Contempt of Court
- Lunacy
- Prevention of Cruelty to Animals
- Forests
- Protection of Wild Animals and Birds
- Population Control and Family Planning
- Trade Unions
- Education
- Labour Welfare
- Inland Shipping and Navigation
- Foodstuffs
- Price Control
- Stamp Duties
Residuary Powers. Any matters not specifically listed in the Union, State, or Concurrent Lists are known as residuary powers. The Constitution grants these powers to the Union. Article 248 states that the Union Parliament has the exclusive power to make laws regarding matters not listed in the Concurrent or State Lists. This includes the authority to create laws and impose taxes not mentioned in these lists.
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FAQs on Subjects of Union, Concurrent & State Lists - Indian Polity for UPSC CSE
| 1. What are the Union, Concurrent, and State Lists in the Indian Constitution? |  |
Ans. The Union, Concurrent, and State Lists are three distinct categories of subjects defined in the Seventh Schedule of the Indian Constitution. The Union List contains subjects on which only the Parliament can legislate, such as defense, foreign affairs, and atomic energy. The State List includes subjects on which only state legislatures can make laws, such as police, public health, and agriculture. The Concurrent List contains subjects where both the Parliament and state legislatures can legislate, such as education, marriage, and bankruptcy.
| 2. How does the distribution of subjects in the Union, Concurrent, and State Lists impact governance in India? | |
Ans. The distribution of subjects allows for a clear division of responsibilities between the central and state governments, promoting efficient governance. It ensures that certain critical areas are managed at the national level while allowing states to address local issues. This structure helps maintain a balance of power, enabling states to enact laws that cater to their unique needs while ensuring uniformity in essential national policies.
| 3. Can states legislate on subjects in the Concurrent List? What happens if there is a conflict? | |
Ans. Yes, states can legislate on subjects in the Concurrent List. However, if a conflict arises between a central law and a state law on the same subject, the central law prevails, provided it has received Presidential assent. If a state law has also received Presidential assent, then both laws can coexist. This provision helps maintain the supremacy of central laws while allowing states to cater to their specific requirements.
| 4. What are some examples of subjects in each of the Union, Concurrent, and State Lists? | |
Ans. Examples from the Union List include defense, foreign affairs, and railways. The Concurrent List includes subjects like education, marriage, and labor welfare. The State List features subjects such as police, public health, and agriculture. Understanding these examples helps in grasping how responsibilities are allocated between different levels of government.
| 5. How can a state law be enacted on a subject in the Union List? | |
Ans. A state can enact a law on a subject in the Union List only if the Parliament authorizes it through legislation. This typically occurs when there is a need for local adaptation of a central law or when the central government permits states to legislate on specific matters. Such flexibility allows states to address unique regional issues while adhering to the framework established by the Constitution.
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