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Seventh Schedule of the Constitution UPSC NOTE

 


Seventh Schedule of the Constitution

  • The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are defined primarily under its articles 245 and 246. 

  • The Seventh Schedule to the Constitution of India specifies 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.

  • Article 248 of the constitution also envisages residual powers.

  • According to Article 248 the Parliament has the exclusive power to formulate laws which are related to matters that have not been enumerated in the Concurrent List and State List.

Union List

  • The central government or the union government can make laws on all the subjects mentioned under the union list in the Indian Constitution.

  • All the subjects related to the nation’s security, the nation’s welfare, and the uniform legislation throughout the country are secured by India’s constitution and included in the union list.

  • The Union List, also known as List-I.

  • It is possible for the Parliament to confer power and impose duties upon a state through the law made on a subject of the union list or to authorize the centre to conform power and impose duties on a state.

  • The union list has 15 specific subjects on which the Parliament can exercise power to levy taxes.

  • The Parliament has got the power to expand the jurisdiction and powers of the Supreme Court concerning the matters subjected to the union list.

 Union List (List-I)


Defence of India

War and Peace

Naval, military, and Air Force works

Citizenship, Naturalization and Aliens

Atomic energy and mineral resources

Railways

CBI

Maritime shipping and navigation

Preventive detention for reasons connected with defence or Foreign Affairs

Reserve Bank of India

United Nation Organization

Industries declared by Parliament by law

7

State List

  • Only state legislatures can pass the laws on the subject listed under the state.

  • Originally 66 subjects now revised to 61 subjects.

  • The subject enumerated in the state list can be legislated on by parliament in the national interest under Article 249.

  • The parliament is also authorized to overpower the legislation making of the state list under 3 main conditions, i.e., if the Rajya Sabha passes any resolution, On the imposition of article 250, i.e., the national emergency, If two or more states pass the resolution, the parliament can legislate the subjects in the state lists.


Public order

Water supplies, irrigation, canal, drainage, and embankments

Prisons, reformatories, and other institutions of the same nature

Fisheries

Public health and sanitation

Gas and Gas works

Relief of the disabled and unemployable

Betting and gambling

Libraries, museums, and other similar institutions

Taxes on Agriculture Income

Agriculture, including agricultural education and research

Burials and burial grounds, cremations, and cremation grounds

Concurrent List

  • Both the union and the state manage the concurrent list (47 subjects).

  • Five subjects were added to the concurrent list after the 42nd Amendment of 1976. 

  • These five subjects are the administration of justice, constitution, and organization of all the courts, except the supreme court and the high court, Education, Forests, Protection of Birds and Wildlife, Weights, and Measures.

  • If any legislation clashes between the state and Centre, then the law made by the central government can overrule the legislation by the State Government.

Concurrent List (List-III)


Bankruptcy and insolvency

Trust and trustees

Charities and charitable trust

Economic and social planning

Price control

Actionable wrongs

Evidence and oaths, recognition of laws, public acts, and judicial proceedings

Legal Medical and other professions

Vital statistics, including registration of birth and death

Prevention of cruelty to animals

Protection of wild animals and birds

Factories

Commercial and industrial monopolies

Adulteration of foodstuffs and Other goods

Trade unions and Industrial and Labour disputes

Boilers

Drugs and poisons

Electricity

Shipping and navigation on inland waterways

Relief and rehabilitation of people displaced from their original place of residence

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Seventh Schedule of the Constitution UPSC NOTE
Seventh Schedule of the Constitution UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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