Part XI · Distributionof Legislative Powers
Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States.
This article divides the power to make laws. Parliament has exclusive power over the Union List in the Seventh Schedule. The State Legislatures have exclusive power over the State List. Both may make laws over the Concurrent List. In a clash on the Concurrent List, the Parliament law prevails under article 254.
- (1) 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 (in this Constitution referred to as the “Union List”).
- (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 1*** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).
- (3) Subject to clauses (1) and (2), the Legislature of any State 1*** 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 (in this Constitution referred to as the “State List”).
- (4) 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.
What it means
Plain words summary of the article above. Not legal advice.
This article divides the power to make laws. Parliament has exclusive power over the Union List in the Seventh Schedule. The State Legislatures have exclusive power over the State List. Both may make laws over the Concurrent List. In a clash on the Concurrent List, the Parliament law prevails under article 254. The three lists are the backbone of the federal division of powers.