Actual Article
Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States
- Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (referred to as the “Union List”).
- Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (referred to as the “Concurrent List”).
- Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (referred to as the “State List”).
- Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.
UPSC Notes for Article 246
Explanation:
- Three Lists of Legislative Subjects: Article 246 divides legislative powers between Parliament and State Legislatures through three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List.
- Union List (List I): Contains subjects on which only Parliament can legislate. Examples include defense, foreign affairs, atomic energy, and railways.
- State List (List II): Contains subjects on which only State Legislatures can legislate. Examples include police, public health, and agriculture.
- Concurrent List (List III): Contains subjects on which both Parliament and State Legislatures can legislate. Examples include education, marriage and divorce, bankruptcy, and forests.
- Hierarchy of Laws:
- Clause (1): Parliament has exclusive power over matters in the Union List.
- Clause (2): Both Parliament and State Legislatures can legislate on matters in the Concurrent List, but in case of conflict, the law made by Parliament prevails.
- Clause (3): State Legislatures have exclusive power over matters in the State List, subject to the powers of Parliament under clauses (1) and (2).
- Clause (4): Parliament can legislate on matters in the State List for Union territories or other parts of India not included in a state.
Key Points:
- Distribution of Powers: The division of subjects between the Union, State, and Concurrent Lists ensures a clear distribution of legislative powers between the central and state governments.
- Conflict Resolution: The provision that Parliament’s law prevails in case of conflict in the Concurrent List ensures uniformity and resolves legislative conflicts.
- Flexibility for Union Territories: Parliament’s ability to legislate on State List matters for Union territories provides flexibility in governance.
Important Cases and Commissions Related to Article 246
Cases:
- State of West Bengal vs. Union of India (1963): The Supreme Court upheld the supremacy of Parliament’s law over the State law in case of conflict under the Concurrent List.
- Hoechst Pharmaceuticals Ltd. vs. State of Bihar (1983): Reinforced the principle that in case of conflict between central and state laws on a Concurrent List subject, the central law prevails.
Commissions:
- Sarkaria Commission: Reviewed the distribution of powers between the Union and States and recommended measures to improve the federal structure.
- Punchhi Commission: Examined the balance of power between the Union and the States and suggested constitutional amendments for better governance.
Important Reports Related to Article 246:
- Administrative Reforms Commission: Could have explored the implications of the division of legislative powers and recommended reforms to enhance cooperation between central and state governments.
Previous Year Prelims Questions Related to Article 246
- (UPSC Prelims 2016) Which list in the Seventh Schedule of the Indian Constitution contains subjects on which both Parliament and State Legislatures can legislate?
- A. Union List
- B. State List
- C. Concurrent List
- D. Residuary List Correct Answer: C. Concurrent List
- (UPSC Prelims 2018) In case of a conflict between the central and state laws on a Concurrent List subject, which law prevails?
- A. State Law
- B. Central Law
- C. Law passed by the state legislature with the President’s assent
- D. Law passed by the majority of states Correct Answer: B. Central Law
Previous Year Mains Questions Related to Article 246
- Mains 2016: “Discuss the significance of Article 246 in the context of the distribution of legislative powers between the Union and the States in India.”
- Mains 2019: “Evaluate the impact of the division of subjects in the Seventh Schedule on the federal structure of India. How does Article 246 facilitate cooperative federalism?”
Additional Insights:
- Federal Structure: Article 246 is fundamental to understanding the federal structure of India, delineating the powers and responsibilities of the central and state governments.
- Cooperative Federalism: The Concurrent List allows for cooperative federalism, where both levels of government can legislate on important subjects, ensuring flexibility and collaboration.
- Dynamic Governance: The ability of Parliament to legislate on State List subjects for Union territories ensures dynamic governance that can adapt to the unique needs of different regions.
Understanding Article 246 is crucial for UPSC aspirants as it outlines the framework for the distribution of legislative powers between the Union and the States, emphasizing the principles of federalism and cooperative governance. This knowledge is essential for both preliminary and main examinations, offering insights into the legislative structure and functioning of the Indian polity.