7th Schedule of Indian Constitution - Union, Concurrent, State List Subjects

By Shubhra Anand Jain|Updated : November 27th, 2022

The 7th Schedule of the Indian Constitution is the schedule in the constitution of India that divides the legislative power between the Union and State Governments on the subject matters listed in three lists - the union list, the state list, and the concurrent list. The 7th schedule under Article 246 of the constitution segregates the powers between the parliament and the state legislatures. Most of the subjects are covered by the union list. Hence it exercises more power.

Comparatively, fewer subjects are included in the state list and are overlooked by the state. The concurrent list is taken care of by both Union and State. The Constitution, however, grants Parliament federal primacy over contemporary list items in the event of a conflict.

Table of Content

7th Schedule of Indian Constitution

The 7th Schedule of the Indian Constitution has three lists named Union list, state list, and concurrent list that show the division of power between the Union and States concerning certain subjects. The Union List has a total of 97 subjects, the State List has 66 subjects, and the Concurrent List has 47 Subjects.

7th Schedule of Indian Constitution UPSC Notes

Before we learn about the subject included in these three lists, let's first look at the key features of union, state, and concurrent lists.

Union List

The following are the features of the 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.
  • The union list is considered stronger and more powerful as it has more subjects than the state list.
  • It has many important subjects apart from those mentioned in the concurrent list.
  • All the issues or 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 is always considered dominant to the state list, and it is taken care of by the constitution of India in case any subject overlaps with each other. The judgment made by the union will prevail.
  • 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.
  • A new subject named taxes on services was added to the union list by the 88th amendment.
  • The Parliament has got the power to expand the jurisdiction and powers of the Supreme Court concerning the matters subjected to the union list.

State List

The following are the features of the state list:

  • The 42nd amendment act 1976 was made where five subjects were descended from the state list to the concurrent list. 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.
  • Under the Indian Constitution, only state legislatures can pass the laws on the subject listed under the state. Nevertheless, all of these can only be achieved under normal circumstances.
  • 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.

A law made under the resolution of states applies to the state that passed such a resolution. It can be adopted by other states if they pass the same resolution. Changing or repealing a law made by the parliament in response to a state resolution can only be done by Parliament and not by any States on their own, during the active president's rule and for implementing the international agreements.

  • The issues related to the regional and local importance that allows the diversity of interest are mentioned in the state list.
  • The state list has 20 specific subjects on which the Parliament can exercise power to levy taxes.
  • There were special provisions relating to the national capital in the 69th Constitutional Amendment Act of 1991. Public order, police and land are the three subjects on the state list that the daily government cannot legislate for.

Concurrent List

The following are the features of the concurrent list:

  • Both the union and the state manage the concurrent list.
  • 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
  • The concept of a concurrent list wasn't originally of India as it is adopted from the constitution of Australia.
  • As the central and state governments are authorized to make laws on concurrent subjects, if any legislation classes between the state and Centre, then the law made by the central government can overrule the legislation by the State Government.
  • The topics which are not very important but on which uniformity of legislation is required throughout the country are enlisted in the concurrent list.
  • The Concurrent list has 03 specific subjects on which the Parliament and state can exercise power to levy taxes.

Subjects Covered Under Union, State, and Concurrent List

As of 1st November 2021, there were 97 subjects covered in the union list (now 100 subjects); in the state list, there were 66 subjects (now 61 subjects), and the concurrent list has 52 subjects (originally 47 subjects)

Union List Subjects

The union list under the 7th schedule originally had 97 subjects which have been revised to 100 subjects.

Subjects under Union List

Defence of India

Naval, military, and Air Force works

Arms, firearms, ammunition, and explosives

Atomic energy and mineral resources

Industries declared by Parliament by law

Central Bureau of Intelligence and Investigation

Preventive detention for reasons connected with defence or Foreign Affairs.

Foreign Affairs: related to Union and any foreign country

United Nation Organization

War and Peace

Foreign jurisdiction

Citizenship, Naturalization and Aliens

Extradition

Pilgrimages to places outside of India

Railways

Piracy and crime committed on higher seas

Highways declared by law made by parliament

Lighthouses, including the light ships and bacon

Maritime shipping and navigation

Reserve Bank of India

State List Subjects

The state list under the 7th schedule originally had 66 subjects which have been revised to 61 subjects.

Subjects under State List

Public order

Prisons, reformatories, and other institutions of the same nature

Public health and sanitation

Pilgrimages other than those outside of India

Relief of the disabled and unemployable

Burials and burial grounds, cremations, and cremation grounds.

Libraries, museums, and other similar institutions

Communication through roads, bridges, ferries, and other means of communication

Agriculture, including agricultural education and research

Pounds and prevention of cattle trespass

Water supplies, irrigation, canal, drainage, and embankments

Fisheries

Gas and gas works

Inns and innkeepers

Betting and gambling

Salaries and allowances of members of the Legislature of the state

State public services and state public service commission

Public Debt of the state

Taxes on Agriculture Income

Duties in respect of succession to agricultural land

Concurrent List Subjects

A total of 52 subjects are enumerated in the concurrent list.

Subjects under Concurrent List

Actionable wrongs

Bankruptcy and insolvency

Trust and trustees

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

Prevention of cruelty to animals

Economic and social planning

Charities and charitable trust

Factories

Protection of wild animals and birds

Commercial and industrial monopolies

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

Price control

Adulteration of foodstuffs and Other goods

Trade unions and Industrial and Labour disputes

Shipping and navigation on inland waterways

Boilers

Drugs and poisons

Legal Medical and other professions

Vital statistics, including registration of birth and death

Electricity

Residuary Powers under the 7th Schedule

The Residuary powers refer to the exercising of jurisdiction on subjects that are not mentioned either in the state list or the concurrent list. The subjects like cyber laws, Information Technology, etc., are included in the residual list. Ideally, just topics are handled by the union government, and under article 248, the parliament can exercise its authority to decide such subjects.

Issues with the 7th Schedule Indian Constitution

  • The first issue concerning the seven schedules in the Indian Constitution is that according to it, there should be separate powers for state and union where no one should interfere with each other. However, in Some matters, the Union has the leverage to extend its duration over some subjects mentioned in the state list.
    • For example, if any law made by the state legislature is unacceptable to the Parliament or the central government, under article 254 Union has the right to void the law. In such cases, the law made by Parliament will prevail over the state.
    • Any legislation not covered by the state list of the concurrent list must be passed by the parliament, which has the sole authority to make any laws about them under article 248.
    • The parliament is solely authorized to make the laws about National interest in the state list under article 249.
  • Several states have been arguing and demanding providing them with more authority in health restructuring the 7th schedule. The P.V. Rajamannar Committee was formed in 1969 and examined the relationship between the Centre and the states. Based on it, the committee made recommendations, demanding federalism at the centre and the autonomy of states.
  • On some grounds, the state and union's roles are quite uncertain. For example, during the pandemic, the Union imposed a public curfew by invoking the Disaster Management Act 2005. In contrast, the states imposed the curfew by invoking the Epidemic Disease Act of 1897.

7th Schedule UPSC

The 7th schedule UPSC topic is an important article from the perspective of the UPSC Prelims exam. There are many acts along with the subjects mentioned in these three lists. For this, it is important to have a basic knowledge of Indian polity, which can be gained from NCERT books for UPSC and advanced preparation from reference books.

For better preparation and an idea of the type of questions being asked in the exam, one should follow the mock tests and UPSC previous year's question papers to keep themselves updated.

7th Schedule of Indian Constitution UPSC Questions

Question 1: Concerning the constitution of India, which of the pair is incorrectly matched? [UPSC Prelims 2004]

  1. Forests: Concurrent List
  2. Stock Exchange: Concurrent List
  3. Post Office Savings Bank: Union List
  4. Public Health: State List

Answer: B

Question 2: Which of the following subjects is under the union list in the 7th schedule of the Constitution of India? [UPSC Prelims 2011]

  1. Regulation of labour and safety in mines and oil fields
  2. Agriculture
  3. Fisheries
  4. Public health

Answer: A

UPSC Notes
ARC Report for UPSCTypes of Soil in India
President of IndiaVedas UPSC Notes
Unification of GermanyAncient History Notes
Modern History Notes for UPSCTypes of Writs in Indian Constitution

Comments

write a comment

FAQs on 7th Schedule of the Indian Constitution

  • The 7th schedule under the Constitution of India is a critical provision that regulates the power allocation between the centre and the state. Simply put, it discusses the segregation of power between the union and the states with the help of three lists - the union list, the state list and the concurrent list

    Several amendments have been made to the 7th schedule since its inception, making it an important topic for UPSC aspirants.

    🠶 Schedules of the Indian Constitution

  • The subjects not mentioned in the union state or concurrent list are the residuary subjects in the 7th Schedule. These subjects are directly under the union's control, and the centre's legislation prevails over them.

    🠶 Read:

  • The purpose of adding a schedule to the constitution is to make the functions less complicated and so is for the 7th Schedule, as it helps to disseminate the legislative powers between the centre and state concerning certain subjects.

    🠶 Read:

  • The 7th schedule of the Indian constitution is related to article 246 which divides the legislation-related powers among the union and state authorizing unions and states to make laws in their respective areas.

  • The 7th schedule under Article 246 of the Indian constitution deals with power distribution between the union and the states. It defines the allocation of powers and the functions between them. Further, this power segregation between the union and the states is explained with the help of three lists containing multiple subjects.

  • There are 61 subjects mentioned in the state list of the 7th schedule (originally 66 subjects). Five subjects have been shifted to the concurrent list by the 42nd amendment. On the other hand, there are subjects in the union list which were originally 97 in number and were increased gradually by certain amendments.

  • The 7th schedule of the constitution mentions three legislative lists - Union, State, and Concurrent. These lists further consist of various subjects discussing the distribution of legislative powers. The Union list consists of 100 subjects, the state list consists of 59, and the concurrent list consists of 52 subjects.

  • The union list is perhaps the most significant under the 7th schedule of the Indian constitution. This is because it consists of 100 subjects, much higher than the number of subjects under any of the remaining lists. Some of the issues covered in the union list include the following:

    • Railways
    • Citizenship
    • Foreign jurisdiction
    • Foreign Affairs
    • Defence of India
    • Reserve Bank of India
    • United Nations Organization
    • Atomic energy and mineral resources

    🠶 Activity: Group the subjects given here in the various lists of the Indian Constitution, i.e. the union state and concurrent lists

  • Ideally, both Union and State are authorized to make the legislation on the concurrent list of the 7th schedule. However, the union government exercises more power than the state government on these subjects.

  • There are 61 subjects under the State list of the 7th Schedule of the Indian Constitution. Originally the state list had 66 subjects. After the 42nd amendment of the Indian constitution, 5 subjects were transferred to the concurrent list.

Featured Articles

Follow us for latest updates