What is Article 246?

By meenakshi|Updated : July 13th, 2022

Article 246 of the Indian Constitution states that the powers between the state and the union are categorized into 3 lists- The State List, the Union List, and the Concurrent List.

As per Article 246, the Concurrent list has 47 subjects (Union and State legislatures have benefits from the Concurrent list). The Union list has 100 subjects because of which the Central or the Union Govt. enjoys the jurisdiction supremacy and the State list comprises 61 subjects that are subject to the state legislature’s jurisdiction.

What is Article 246 in 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 comprises 47 subjects that deal with the criminal procedure, Criminal law, Preventive detentions, industrial and labor disputes, protection of wild animals and birds, etc. 
  • State List: The State list is a sum of the 61 subjects enjoyed by the state legislature. It deals with the prisons, public health, public order, manufacture, production, purchase, transport, and sale of intoxicating liquors, fisheries, agricultural education and research, public sector, etc. 
  • Union List: The union list is the biggest of all with a list of 100 subjects that have national importance like foreign affairs, atomic energy, defense, banking affairs, railways, posts,  etc. 

Here are the 4 clauses under Article 246 of the constitution:

  • Article 246(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”).
  • Article 246(2): Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, has 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”).
  • Article 246(3): Subject to clauses (1) and (2), the Legislature of any State 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”).
  • Article 246(4): Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.

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FAQs on What is Article 246

  • Article 246 of the Indian Constitution states that the powers between the state and the union are categorized into 3 lists- The State List, the Union List, and the Concurrent List

  • Article 246 divides the power between the state and the union among three lists:

    • Union List: it has a list of 100 subjects. 
    • State List: It has a sum of 61 subjects. 
    • Concurrent List: It has a list of 47 subjects

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