Seventh Schedule of Indian Constitution

The Seventh Schedule of the Constitution of India deals with 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. The Union parliament has exclusive power to legislate on matters not enumerated in the Concurrent List or the State List, and the constitution also empowers the Union parliament to legislate for the Union territories on all subjects.

Seventh Schedule of Indian Constitution will be helpful for UPSC IAS Exam preparation. GS Paper-2 Indian Polity.

Table of Content

• Seventh Schedule of Indian Constitution
• Union List
• State List
• Concurrent List
• Amendments affecting seventh schedule of Indian Constitution
• Conflict between Union, State and Concurrent lists
• Residuary powers
• Conclusion
• Frequently Asked Questions (FAQs)

Seventh Schedule of Indian Constitution

• The Seventh Schedule of the Indian Constitution lists the subjects that are under the jurisdiction of the Union Government and the State Governments.
• It is divided into three lists:
  • Union List
  • State List
  • Concurrent List
• The schedule 7 of Indian constitution helps to define the powers of the Union Government and the State Governments.
• Parliament has the power to make laws for any part of the territory of Indianot included in a state, even if the matter is enumerated in the State List.
  • This provision applies to the Union Territories or the Acquired Territories (if any).
• The power to make laws with respect to residuary subjects (i.e., matters not enumerated in any of the three lists) is vested in the Parliament.
  • The residuary power of legislation includes the power to levy residuary taxes.

Union List

• Union list originally had 97 subjects.
• The Parliament has the sole authority to make laws on any subject that is listed in the Union List.
• The Union List currently has 98 subjects.
  • Examples: defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, and audit.
• The Union List includes matters of national importance and matters that require uniformity of legislation nationwide.

State List

• The state legislature has the exclusive authority to make laws on any subject that is listed in the State List, “in normal circumstances.”
• State list had 66 subjects originally.
• The State List currently has 59 subjects.
  • Examples: public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling, and so on.
• The State List includes matters of regional and local importance and matters that permit diversity of interest.

Concurrent List

• The Concurrent List is an important part of the Indian Constitution because it allows both the Parliament and the state legislatures to make laws on certain subjects.
• This helps to ensure that there is uniformity in law across the country, while also allowing for some flexibility to meet the needs of different states.
• The Concurrent List had 47 subjects originally.
• The Concurrent List currently has 52 subjects.
  • Examples: criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour welfare, economic and social planning, drugs, newspapers, books and printing press, and others.
• The Concurrent List includes matters on which uniformity of legislation throughout the country is desirable but not essential.

Amendments affecting seventh schedule of Indian Constitution

42nd Amendment Act of 1976

• The 42nd Amendment Act of 1976 moved five subjects from the State List to the Concurrent List. These subjects were:
  • Education
  • Forests
  • Weights and measures
  • Protection of wild animals and birds
  • Administration of justice; constitution and organization of all courts except the Supreme Court and the high courts
• This amendment gave the Parliament the power to make laws on these subjects, in addition to the state legislatures.

101st Amendment Act of 2016

• The 101st Amendment Act of 2016 made a special provision for goods and services tax (GST).
• The Parliament and the state legislatures have the power to make laws with respect to GST.
• The Parliament has exclusive power to make laws with respect to GST where the supply of goods or services or both takes place in the course of inter-state trade or commerce.

Conflict between Union, State and Concurrent lists

The Constitution of India gives precedence to the Union List over the State List and the Concurrent List.

• If there is an overlap between the Union List and the State List, the Union List will prevail.
• If there is an overlap between the Union List and the Concurrent List, the Union List will prevail.
• If there is a conflict between the Concurrent List and the State List, the Concurrent List will prevail.
• If there is a conflict between a central law and a state law on a subject enumerated in the Concurrent List, the central law will prevail.
  • Exception: If the state law has been reserved for the consideration of the president and has received his assent, then the state law will prevail in that state.
    • Even in this case, the parliament will still be competent to override such a law by subsequently making a law on the same matter.

Residuary powers

• In the United States, the Constitution only lists the powers of the federal government.
  • All Residuary powers are reserved for the states.
• The Australian Constitution also follows this model.
• In Canada, the Constitution lists the powers of both the federal and provincial governments. Any powers that are not listed are reserved for the federal government.
• The Government of India Act of 1935 listed the powers of the federal, provincial, and concurrent governments.
  • Any powers that were not listed were reserved for the governor-general of India.
• The Constitution of India follows the same model as the Government of India Act of 1935, but with one difference:
  • The residuary powers are not reserved for the governor-general of India but for the Parliament of India.

Conclusion

the Seventh Schedule to the Constitution of India defines and specifies the issuance of powers and functions between the Union and the States under articles 245 and 246, and it embodies three lists; namely, the Union List, the State List, and the Concurrent List. The Union parliament has the sole authority to make laws on any subject that is listed in the Union List, and the state legislature has the exclusive authority to make laws on any subject that is listed in the State List, in normal circumstances.

Ref: Source-1

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FAQs (Frequently Asked Questions)