Distribution of Legislative Powers

2.1 The Seventh Schedule — Three Lists

Union List (List I) — 100 subjects

Subjects on which only Parliament can legislate. Key subjects include:

• Defence, atomic energy, foreign affairs, war and peace
• Railways, highways, airways, ports, post & telegraph
• Currency, banking, insurance, stock exchanges
• Customs, central taxes (income tax, excise on tobacco, corporation tax)
• Citizenship, patents, trademarks, copyright
• IPC, CrPC, Supreme Court jurisdiction, inter-state trade & commerce

State List (List II) — 61 subjects

Subjects on which only State Legislatures can legislate (unless Parliament legislates under Articles 249, 250, 252, 253, or 356). Key subjects include:

• Public order, police, local government, public health
• Agriculture, land and land tenures, money lending, fisheries
• Entertainment tax, taxes on land/buildings, stamp duty
• State excise, capitation tax, transport on roads

Concurrent List (List III) — 52 subjects

Both Parliament and State Legislatures can legislate. In case of repugnancy, Central law prevails (Article 254), subject to Presidential assent to state law. Key subjects include:

• Criminal law (IPC, CrPC), civil procedure, marriage and divorce
• Contracts, bankruptcy, transfer of property
• Education, forests, wild animals, labour disputes
• Social security, factories, electricity, drugs

Key note: The 42nd Amendment 1976 shifted 5 subjects from State List to Concurrent List — Education, Forests, Weights & Measures, Protection of Wild Animals & Birds, Administration of Justice in High Courts.

2.2 Residuary Powers — A Unitary Feature

Article 248 gives Parliament exclusive power to legislate on residuary subjects — subjects not covered by any List. This is a key unitary feature. In the USA, residuary powers are with states — India's approach is the opposite.

2.3 Repugnancy — Article 254

When there is conflict between a Central law and a State law on a Concurrent List subject:

1. The Central law prevails and the state law is void to the extent of repugnancy.
2. Exception: If the state law was previously enacted and received Presidential assent, it prevails over the central law in that state (until Parliament re-legislates).

The Governor can reserve a state bill for Presidential consideration — the President can give or withhold assent. If the President withholds assent to a state concurrent list bill, the previously enacted central law revives.

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