Part XI: Legislative Relations

Article 246: Subject-Matter of Laws by Parliament and Legislatures

Original Article:

(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 (Union List).

(2) Parliament, and, subject to clause (1), the Legislature of any State, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (Concurrent List).

(3) The Legislature of any State has exclusive power to make laws for such State with respect to any of the matters enumerated in List II in the Seventh Schedule (State List).

(4) Parliament has 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.

Amendments:

1. References to "specified in Part A or Part B of the First Schedule" were omitted by the Constitution (Seventh Amendment) Act, 1956, (w.e.f. 1-11-1956).

Explanations:

Article 246 organizes legislative powers through the Union List, State List, and Concurrent List in the Seventh Schedule. It ensures that Parliament and State Legislatures have clearly defined areas of legislative authority, reducing overlaps.

Clause-by-Clause Explanations:

Clause (1): Parliament's Authority

Parliament has exclusive jurisdiction over the Union List, which includes national and strategic subjects like defense, foreign affairs, and atomic energy.

Clause (2): Concurrent Legislative Powers

Both Parliament and State Legislatures can legislate on matters in the Concurrent List, ensuring flexibility and collaboration on critical issues like education and criminal law.

Clause (3): State Legislature's Authority

State Legislatures have exclusive powers over the State List, dealing with subjects like public health, agriculture, and local governance.

Clause (4): Parliament's Authority Over Union Territories

Parliament can legislate on State List matters for Union Territories, ensuring centralized governance in regions without state legislatures.

Real-Life Examples:

Examples include national policies like the Banking Regulation Act (Union List), environmental laws shared between Parliament and States (Concurrent List), and state-specific laws like the Tamil Nadu Public Health Act (State List).

Historical Significance:

Article 246 stems from the Government of India Act, 1935, providing a federal framework for India. The Seventh Amendment in 1956 refined its provisions to reflect India's linguistic and administrative reorganization.

Debates and Deliberations:

During the drafting, members discussed the division of legislative powers to prevent conflicts. Amendments to include "Part III" in clauses (2) and (3) were accepted, enhancing the clarity of legislative authority.