Seventh Schedule of the Constitution UPSC NOTE

  Seventh Schedule of the Constitution The constitutional provisions in India on the subject of distribution of legislative powers between t...

 

Seventh Schedule of the Constitution

• The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are defined primarily under its articles 245 and 246. 

• The Seventh Schedule to the Constitution of India specifies the allocation of powers and functions between the Union and the State legislatures. 

• It embodies three lists; namely, the Union List, the State List, and the Concurrent List.

• Article 248 of the constitution also envisages residual powers.

• According to Article 248 the Parliament has the exclusive power to formulate laws which are related to matters that have not been enumerated in the Concurrent List and State List.

Union List

• The central government or the union government can make laws on all the subjects mentioned under the union list in the Indian Constitution.

• All the subjects related to the nation’s security, the nation’s welfare, and the uniform legislation throughout the country are secured by India’s constitution and included in the union list.

• The Union List, also known as List-I.

• It is possible for the Parliament to confer power and impose duties upon a state through the law made on a subject of the union list or to authorize the centre to conform power and impose duties on a state.

• The union list has 15 specific subjects on which the Parliament can exercise power to levy taxes.

• The Parliament has got the power to expand the jurisdiction and powers of the Supreme Court concerning the matters subjected to the union list.

 Union List (List-I)

Defence of India	War and Peace
Naval, military, and Air Force works	Citizenship, Naturalization and Aliens
Atomic energy and mineral resources	Railways
CBI	Maritime shipping and navigation
Preventive detention for reasons connected with defence or Foreign Affairs	Reserve Bank of India
United Nation Organization	Industries declared by Parliament by law

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State List

• Only state legislatures can pass the laws on the subject listed under the state.

• Originally 66 subjects now revised to 61 subjects.

• The subject enumerated in the state list can be legislated on by parliament in the national interest under Article 249.

• The parliament is also authorized to overpower the legislation making of the state list under 3 main conditions, i.e., if the Rajya Sabha passes any resolution, On the imposition of article 250, i.e., the national emergency, If two or more states pass the resolution, the parliament can legislate the subjects in the state lists.

Public order	Water supplies, irrigation, canal, drainage, and embankments
Prisons, reformatories, and other institutions of the same nature	Fisheries
Public health and sanitation	Gas and Gas works
Relief of the disabled and unemployable	Betting and gambling
Libraries, museums, and other similar institutions	Taxes on Agriculture Income
Agriculture, including agricultural education and research	Burials and burial grounds, cremations, and cremation grounds

Concurrent List

• Both the union and the state manage the concurrent list (47 subjects).

• Five subjects were added to the concurrent list after the 42nd Amendment of 1976. 

• These five subjects are the administration of justice, constitution, and organization of all the courts, except the supreme court and the high court, Education, Forests, Protection of Birds and Wildlife, Weights, and Measures.

• If any legislation clashes between the state and Centre, then the law made by the central government can overrule the legislation by the State Government.

Concurrent List (List-III)

Bankruptcy and insolvency	Trust and trustees	Charities and charitable trust	Economic and social planning
Price control	Actionable wrongs	Evidence and oaths, recognition of laws, public acts, and judicial proceedings	Legal Medical and other professions
Vital statistics, including registration of birth and death	Prevention of cruelty to animals	Protection of wild animals and birds	Factories
Commercial and industrial monopolies	Adulteration of foodstuffs and Other goods	Trade unions and Industrial and Labour disputes	Boilers
Drugs and poisons	Electricity	Shipping and navigation on inland waterways	Relief and rehabilitation of people displaced from their original place of residence