What is Article 246?

Article 246 of the Constitution deals with the division of power between the Union and the States. It demarcates the powers of the Union and the State by classifying their powers into 3

lists. They are the Union List, the State List and the Concurrent List.

Union list: The Union List is a list of 100 subjects that the Union or Centre government enjoys supreme jurisdiction over. It consists of subjects of National Importance like defence, foreign affairs, banking, atomic energy, railways, post etc.

State list: The state list is a list of 61 subjects that state legislatures enjoy jurisdiction over. It consists of subjects like public order, prisons, public health, production, manufacture, transport, purchase and sale of intoxicating liquors, agricultural education and research, fisheries, state public services etc.

Concurrent list: The concurrent list is a list of 47 subjects on which both the Union and State legislatures enjoy jurisdiction. It consists of subjects like criminal law, criminal procedure, preventive detention, forests, protection of wild animals and birds, trade unions, industrial and labour disputes etc

  • Article 246(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”).
  • Article 246(2): Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 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”).
  • Article 246(3): Subject to clauses (1) and (2), the Legislature of any State 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”).
  • Article 246(4): Parliament has the 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.

Further Reading:

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