India's federal system distributes legislative power between the Centre and the States through the Seventh Schedule of the Constitution. The Schedule has three lists: Union List (List I — exclusive Central competence, currently 100 entries), State List (List II — exclusive State competence, currently 61 entries after deletions), and Concurrent List (List III — both Centre and States can legislate, currently 52 entries). Article 246 is the operative article — it describes the distribution and the rule of Central supremacy. Article 248 gives residuary powers to the Centre. Article 249 allows the Centre to legislate on a State subject in the national interest if the Rajya Sabha agrees. The 2016 Prelims tested this directly. Hold the architecture, the entries, and the case law.
Article 246 — the distribution
Article 246 sets out the basic distribution.
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')."
The "Notwithstanding" clause makes the Union List supreme. If a matter falls in the Union List, only Parliament can legislate — even if it also appears (or seems to appear) in the Concurrent or State List, the Union List entry takes precedence.
Article 246(2): "Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 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')."
The Concurrent List is shared. Both Parliament and State Legislatures can legislate. But Parliament's power is "notwithstanding" the State's power — meaning if there is a conflict, Parliament's law prevails (subject to the repugnancy rules in Article 254).
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')."
The State List is exclusive to State Legislatures, but only "subject to" the Union List and Concurrent List. If a matter falls in the Union List, the State cannot legislate even if a similar entry appears in the State List.
Article 246(4): For Union Territories without legislatures, Parliament can legislate on all subjects regardless of List allocation.
The combined effect: Union supremacy is built into the architecture. State exclusivity exists but is constitutionally subordinate to Union competence on Union and Concurrent List matters.
The three lists — what each contains
Union List (List I) — currently 100 entries (originally 97; expanded to 100 over time). Categories of subjects:
(a) Defence, foreign affairs, war and peace — Entries 1-10. National security and external relations.
(b) Currency, coinage, RBI — Entries 35-40, 45-46. Monetary system.
(c) Inter-State trade and commerce — Entries 41-43.
(d) Banking, insurance, stock exchanges — Entries 45-48.
(e) Union-administered services — Entry 53 (oilfields), 54 (regulated industries), 55 (mines), etc.
(f) Income tax, customs, central excise — Entries 82-85, 92-92C.
(g) Census, citizenship, naturalisation — Entries 17, 19.
(h) Atomic energy — Entry 6.
(i) Election Commission, Public Service Commission — Entries 72, 70.
(j) Inter-State rivers and river valleys to the extent declared by Parliament — Entry 56.
State List (List II) — currently 61 entries (originally 66; reduced by deletions and transfers to Concurrent List). Categories:
(a) Public order, police, prisons — Entries 1-3.
(b) Local government, public health, sanitation — Entries 5-6.
(c) Agriculture (except certain matters reserved to Centre) — Entries 14, 18.
(d) Land, land revenue, taxes on agricultural income — Entries 18, 45-46.
(e) State excise on liquor, opium — Entry 51.
(f) Stamp duties on certain matters — Entry 63.
(g) Markets, fairs, theatres — Entries 28, 33.
Concurrent List (List III) — currently 52 entries. Categories:
(a) Personal laws — marriage, divorce, succession — Entry 5.
(b) Civil and criminal procedure — Entries 1-2 of the original list (later modified).
(c) Education (transferred from State to Concurrent List by 42nd Amendment) — Entry 25.
(d) Forests (transferred by 42nd Amendment) — Entry 17A.
(e) Trade unions, industrial disputes, labour welfare — Entries 22-24.
(f) Trusts, contracts (other than those in List I) — Entry 7 area.
(g) Bankruptcy and insolvency — Entry 9.
The 2016 Prelims — Article 249
The 2016 Prelims tested the procedure for Centre to legislate on State List subjects in national interest.
Article 249 is one of three constitutional mechanisms for Centre to legislate on State List subjects. The mechanism is uniquely associated with the Rajya Sabha because the Rajya Sabha represents the States (through indirect election by State Legislative Assemblies). It is the constitutional gateway for any departure from the Article 246 distribution.
The procedure under Article 249:
(i) The Rajya Sabha passes a resolution declaring that it is "necessary or expedient in the national interest" for Parliament to legislate on a specified matter in the State List.
(ii) The resolution must be supported by not less than two-thirds of members present and voting.
(iii) After the resolution, Parliament can legislate on the specified State List matter for one year.
(iv) The resolution can be renewed for further periods of one year each.
(v) Any law made under Article 249 ceases to have effect six months after the resolution lapses (unless a fresh resolution renews the authorisation).
Article 249 has been used very sparingly. The first use was in 1950 (Korean War, Essential Supplies Act). Other notable uses include the Evacuee Interest Act 1951 and a 1986 resolution (Punjab terrorism) which authorised but no actual law was made.
Three ways the Centre can legislate on State subjects
The Article 246 distribution is not absolute. The Constitution provides three constitutional mechanisms for the Centre to legislate on State List subjects:
One — Article 249 (national interest). Discussed above. Rajya Sabha resolution by two-thirds majority of those present and voting; one-year validity; renewable. The 2016 Prelims tested this.
Two — Article 250 (during emergency). When a Proclamation of Emergency under Article 352 is in operation, Parliament can legislate on any matter in the State List. The power continues throughout the emergency. Laws made under Article 250 cease to have effect six months after the emergency ends.
Three — Article 252 (with State consent). If two or more State Legislatures pass resolutions requesting Parliament to legislate on a matter in the State List, Parliament can do so. The law applies to the consenting States and to any other State that subsequently adopts it. Article 252 has been used for matters like estate duty (1953), wildlife protection, water pollution, Urban Land Ceiling Act 1976, and others.
Two additional mechanisms are worth noting (though not strictly Centre legislating on State subjects):
Article 253 (treaty implementation). Parliament can make any law for the implementation of any treaty, agreement, or convention with another country, or any decision made at any international conference. Article 253 overrides the State List for treaty implementation purposes. The Wildlife (Protection) Act 1972 and Environment (Protection) Act 1986 partly draw on Article 253.
Article 356 (President's Rule). When the President assumes the functions of the State Government (during President's Rule), Parliament can legislate on State List matters for that State.
The combined effect: while State exclusivity over List II exists in principle, the Centre has multiple constitutional pathways to legislate on State subjects when circumstances warrant. The federal balance is constitutionally tilted towards the Centre.
Residuary powers — Article 248
Article 248(1) provides: "Subject to article 246A, Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List." Article 248(2) gives Parliament the power to impose taxes not mentioned in the State or Concurrent Lists.
This is the residuary power. Anything not enumerated in any of the three lists falls to Parliament — not to the States. The residuary power is reinforced by Entry 97 of the Union List, which says: "Any other matter not enumerated in List II or List III, including any tax not mentioned in either of those Lists."
The Indian residuary architecture is the opposite of the United States. In the US, the Tenth Amendment reserves residuary powers to the States. In India, residuary powers are with the Centre.
The framers chose the Indian arrangement deliberately. Jawaharlal Nehru, as Chairman of the Union Powers Committee, said: "We think that residuary powers should remain with the Centre. In view however of the exhaustive nature of the three Lists drawn up by us, the residuary subjects could only relate to matters which, while they may claim recognition in the future, are not at present identifiable and cannot therefore be included now in the Lists."
The residuary power has been used for:
(i) Wealth tax on agricultural property (until abolished).
(ii) Service tax (until the 88th Amendment of 2003 added Entry 92C to the Union List).
(iii) Commissions of Inquiry — appointment of inquiry commissions on matters not specifically listed.
(iv) Various technical matters not specifically enumerated.
The 88th Amendment's addition of Article 246A (special provision for goods and services tax) and Entry 92C (taxes on services) has reduced the scope of the residuary power somewhat. The 101st Amendment (GST) further altered the position by creating concurrent jurisdiction over goods and services tax.
Repugnancy — Article 254
What happens when Parliament and a State Legislature both legislate on a Concurrent List subject and the laws conflict? Article 254 provides the answer.
Article 254(1): "If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void."
The basic rule: in case of conflict between Central and State laws on a Concurrent subject, the Central law prevails. The State law is void to the extent of the repugnancy.
Article 254(2): An exception. If a State law on a Concurrent subject has been reserved for the consideration of the President and has received the President's assent, that State law prevails in that State even over an inconsistent Parliamentary law. But the second proviso to Article 254(2) preserves Parliament's power: Parliament can subsequently enact a fresh law that nullifies the State law.
The mechanism creates a layered scheme:
Layer 1 — Concurrent law with no conflict: both apply.
Layer 2 — Concurrent law with Central-State conflict: Central law prevails (Article 254(1)).
Layer 3 — State law with President's assent: State law prevails in that State (Article 254(2)).
Layer 4 — Subsequent Central law: nullifies the State law's precedence (second proviso to Article 254(2)).
The repugnancy doctrine is judicially developed. The Supreme Court has held that mere overlap is not repugnancy — there must be a direct conflict that cannot be reconciled. Where two laws can coexist without contradiction, both apply. Where they directly conflict, Article 254 determines which prevails.
What students must hold
Six points carry the weight. One, Article 246 — distribution. Union List exclusive to Parliament; Concurrent List shared (Parliament prevails on conflict); State List exclusive to States, subject to Union and Concurrent. "Notwithstanding" clauses establish Union supremacy.
Two, three lists current numbers: Union List 100 entries, State List 61 entries, Concurrent List 52 entries. The 42nd Amendment of 1976 transferred Education and Forests from State List to Concurrent List.
Three, Article 248 — residuary powers with the CENTRE (opposite of US). Reinforced by Entry 97 of Union List. Service tax and wealth tax on agricultural property were initially residuary; some now have explicit entries.
Four, three ways Centre can legislate on State subjects: Article 249 (national interest — Rajya Sabha resolution by two-thirds of members PRESENT AND VOTING), Article 250 (during emergency), Article 252 (two or more States consent). Plus Article 253 (treaty implementation), Article 356 (President's Rule).
Five, the 2016 Prelims tested Article 249 — Rajya Sabha; two-thirds of members present and voting (not total membership, not Lok Sabha).
Six, Article 254 — repugnancy on Concurrent List. Central law prevails normally; State law with Presidential assent prevails in that State; subsequent Central law nullifies. For more, see legislative relations and Rajya Sabha powers.