What is Article 246?
By Balaji
Updated on: February 17th, 2023
Article 246 of the Indian Constitution states that the powers between the State and the Union are classified into 3 lists: the State List, the Union List, and the Concurrent List. According to Article 246, there are 47 subjects in the Concurrent List (Union and State Legislatures benefit from the Concurrent List). There are 100 subjects in the union list, due to which the central government’s jurisdiction is supreme. The state list includes 61 subjects under the jurisdiction of the state legislature.
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1. Article 246 of the Indian Constitution
Article 246 of the Indian Constitution
Article 246 of the constitution lays down the division of power between the Union and the State. It classifies the power of the state and the union into 3 lists. These includes:
- Concurrent list: The Concurrent List includes 47 subjects that are related to criminal procedure, criminal law, preventive detention, industrial and labor disputes, protection of wild animals and birds, etc.
- State List: The State List is the sum total of 61 subjects received by the State Legislature. It deals with prisons, public health, public order, construction, production, purchase, transportation, and sale of intoxicating liquor, fisheries, agricultural education and research, the public sector, etc.
- Union List: The Union List is the largest, with a list of 100 subjects that have national importance, such as Foreign Affairs, Atomic Energy, Defence, Banking Affairs, Railways, Posts, etc.
Here are the 4 clauses under Article 246 of the constitution:
- Article 246 (1): Notwithstanding anything contained in clauses (2) and (3), Parliament has a special power to make laws with respect to any matter listed in the Seventh Schedule (referred to in this Constitution as the “Union List”).
- Article 246 (2): Notwithstanding anything contained in clause (3), Parliament, and under clause (1), the Legislature of any State shall also be empowered to make laws with respect to any matter mentioned in List III of the Seventh Schedule (in this Constitution).
- Article 246 (3): Subject to clauses (1) and (2), the Legislature of any State has a special power to make laws for such State or any part thereof with respect to any matter listed in the Seventh Schedule (referred to in this Constitution). as “State List”).
- Article 246 (4): Parliament has the power to make laws for any part of India with respect to any matter which is not included in the State, even if such matter is a matter listed in the State List.
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