The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:
- Union List – List I
- State List – List II
- Concurrent List – List III
7th Schedule of Indian Constitution- Article 246 [UPSC Notes]
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The topic, ‘7th Schedule of Indian Constitution,’ is important for the IAS Exam – Indian Polity subject (Mains GS-II).
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Union List, State List, Concurrent List – Introduction
As mentioned earlier, Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as Union List, State List and Concurrent List which specify the divisions of power between Union and States.
The key features of Union List, State List & Concurrent List are mentioned in the tables below:
7th Schedule of Indian Constitution – Union List |
It originally had 97 subjects. Now, it has 100 subjects |
Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution |
The Union List signifies the strong centre as it has more subjects than state list |
It contains more important subjects than included in any of the other two lists |
All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List |
The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails |
Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state |
There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes |
88th Amendment added a new subject in the Union List called ‘taxes on services.’ |
Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament |
7th Schedule of Indian Constitution – State List |
It has 61 subjects. Earlier, it had 66 items. |
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
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The laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circ*mstances.’ |
Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest |
Parliament can legislate on subjects that are enumerated under the State List on three conditions:
Note:
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The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List |
There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes |
The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State List named as – Public Order, Police & Land |
7th Schedule of Indian Constitution – Concurrent List |
It has 52 subjects enumerated under it |
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
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The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia |
Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List |
While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails |
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list |
There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes |
Over the years, polity has been one of the key subjects within the UPSC Syllabus from which questions have been asked in the prelims and mains examination. Schedules of the Indian Constitution is a very important part of this subject.
Subjects under Union List, State List and Concurrent List
The subjects that are enumerated under the Union List are mentioned below. Aspirants should know the Union List subjects, State List subjects and Concurrent Lists for the prelims and mains exam.
Union List Subjects:
Some of the important subjects are:
- Defence
- Army
- International Relations
- Ports
- Railways
- Highways
- Communication
State List Subjects:
Some of the important subjects are:
- Public order
- Police
- Public health and sanitation
- Hospitals and dispensaries
- Betting and gambling
Concurrent List Subjects:
Some of the important subjects are:
- Education
- Forest
- Trade unions
- Marriage
- Adoption
- Succession
The different Articles of the Indian Constitution that reflect in the law formulation within India, hold importance for IAS aspirants. Questions based on the same, or news events revolving around the engagement of such articles, form an important part of the syllabus for the UPSC exam.
Candidates reading this topic, ‘7th Schedule of the Indian Constitution’, can also read the below-mentioned articles for Indian Polity preparation:
10th Schedule of the Indian Constitution | Sources of Indian Constitution | Preamble to the Indian Constitution |
Important Amendments in Indian Constitution | President’s Rule – Article 356 | 44th Amendment Act 1978 |
7th Schedule of Indian Constitution- Article 246 [UPSC Notes]
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Frequently asked Questions Related to 7th Schedule of the Indian Constitution
Q1
Which list is given in 7th schedule?
The Seventh Schedule to the Constitution of India defines and specifies allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.
Q2
How many subjects are there in 7th schedule?
The 7th Schedule of the Indian Constitution has 61 subjects.
Q3
Who can make laws on concurrent list?
Concurrent list is a list of 52 subjects on which the laws can be made byboth Parliament as well as the State Legislature. However, when there is conflict in laws made by the Union and the State, the central law prevails.
Q4
How many subjects are in the Concurrent List of Seventh Schedule of the Indian Constitution?
The concurrent list is a list of47 subjectson which both the Union and State legislatures enjoy jurisdiction over.
Q5
What are residuary subjects?
The subjects that are not listed in any of the three lists of the 7th Schedule of the Indian Constitution are called the residuary subjects. Under Article 248 of the Constitution the parliament make laws on these subjects. Space Technology, Cyber Law and computer technology are the examples of residuary subjects.
Q6
How many subjects are there in state list of the 7th schedule?
There are 61 subjects in the state list of 7th Schedule of the Indian Constitution. Originally it had 66 subjects, 5 of which were transferred to concurrent list by the 42nd amendment of the constitution.
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