Introduction

The Indian Constitution is a comprehensive document that outlines the framework of governance for the country. It provides for a clear division of powers between the central government and the state governments. Article 246 of the Indian Constitution is a crucial provision that determines the subject-matter on which laws can be made by the Parliament and the Legislatures of the States. This article plays a significant role in maintaining a balance between the central authority and the autonomy of the states.

Article 246: An Overview

Article 246 of the Indian Constitution is part of the Seventh Schedule, which lists the subjects on which the Parliament and the Legislatures of the States have the power to make laws. The article establishes a three-fold distribution of legislative powers:

1. List I: Union List
2. List II: State List
3. List III: Concurrent List

List I: Union List

The Union List, also known as List I, contains subjects on which only the Parliament has the exclusive power to make laws. These subjects are of national importance and include defense, foreign affairs, atomic energy, banking, and insurance, among others. The Union List ensures that matters of national significance are dealt with by the central government.

List II: State List

The State List, also known as List II, contains subjects on which only the Legislatures of the States have the exclusive power to make laws. These subjects are related to the day-to-day governance of the states and include public order, police, health, agriculture, and local government, among others. The State List allows the states to have control over matters that directly affect them.

List III: Concurrent List

The Concurrent List, also known as List III, contains subjects on which both the Parliament and the Legislatures of the States have the power to make laws. These subjects are of shared interest and include criminal law, bankruptcy and insolvency, marriage and divorce, education, and bankruptcy and insolvency, among others. In case of a conflict between a central law and a state law on a concurrent subject, the central law prevails.

Residuary Powers

While Article 246 clearly defines the subject-matter on which laws can be made by the Parliament and the Legislatures of the States, it also addresses the issue of residuary powers. Residuary powers are those powers that are not specifically mentioned in any of the three lists. According to Article 248 of the Indian Constitution, residuary powers are vested in the Parliament. This means that if a subject does not fall under any of the three lists, the Parliament has the authority to legislate on that subject.

Exclusive and Concurrent Jurisdiction

Article 246 also establishes the exclusive and concurrent jurisdiction of the Parliament and the Legislatures of the States. The Parliament has exclusive jurisdiction over the subjects in the Union List, while the Legislatures of the States have exclusive jurisdiction over the subjects in the State List. In the case of subjects in the Concurrent List, both the Parliament and the Legislatures of the States have the power to make laws, but the central law prevails in case of a conflict.

Role of Judicial Interpretation

While Article 246 provides a clear division of legislative powers, there may be instances where the interpretation of the subject-matter becomes a matter of contention. In such cases, the judiciary plays a crucial role in interpreting the scope and extent of legislative powers. The Supreme Court of India has the authority to resolve disputes regarding the interpretation of Article 246 and ensure that the division of powers is maintained.

Conclusion

Article 246 of the Indian Constitution is a vital provision that determines the subject-matter on which laws can be made by the Parliament and the Legislatures of the States. It establishes a three-fold distribution of legislative powers through the Union List, State List, and Concurrent List. This division ensures that matters of national importance are dealt with by the central government, while the states have the power to legislate on subjects that directly affect them. The judiciary plays a significant role in interpreting the scope of legislative powers and resolving disputes. Overall, Article 246 strikes a balance between the central authority and the autonomy of the states, contributing to the effective functioning of the Indian federal system.