Law Maker

PART XI RELATIONS BETWEEN THE UNION AND THE STATES · CHAPTER I.— LEGISLATIVE RELATIONS · Distribution of Legislative Powers

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States

The Constitution of India

(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 2[in a State] notwithstanding that such matter is a matter enumerated in the State List.

Footnotes in the official text

  1. 1.The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  2. 2.Subs. by s. 29 and Sch., ibid., for "in Part A or Part B of the First Schedule" (w.e.f. 1-11- 1956).

Leading cases

Questions on this article

6 questions in 18 of our papers cite Article 246. Try these from the free papers:

  1. 1. The Seventh Schedule of the Constitution contains which three lists?

  2. 2. Match List I (Article) with List II (Subject) and select the correct code: List I A. Article 245(2) B. Article 247 C. Article 246(4) D. Article 255 List II 1. Parliament may make laws for any part of India not included in a State, even on a matter in the State List 2. No law made by Parliament is invalid on the ground of extra-territorial operation 3. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only 4. Power of Parliament to provide for the establishment of additional courts for better administration of its laws

Practise questions on Constitutional Law