Subject-matter of laws made by Parliament and by the Legislatures of States
Article 246 — Subject-matter of laws made by Parliament and by the Legislatures of States
Legislatures of States.—(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”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State 1*** 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”). (3) Subject to clauses (1) and (2), the Legislature of any State 1*** 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”). (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. 246A. Special provision with respect to goods and services tax.—(1) Notwithstanding anything contained in articles 246 and 254, Parliament, and, subject to clause (2), the Legislature of every State, have power to make laws with respect to goods and services tax imposed by the Union or by such State.
(2) Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce. Explanation.—The provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279A, take effect from the date recommended by the Goods and Services Tax Council.]
Plain English Summary
This article explains which level of government—the Central Parliament or the State Legislatures—has the authority to make laws on specific subjects in India. Parliament has exclusive power over certain national matters (Union List), while both Parliament and State Legislatures can make laws on shared subjects (Concurrent List), and State Legislatures have exclusive power over local matters (State List).
Key Points
- Union List (List I): Only the Parliament has the power to make laws on these subjects.
- Concurrent List (List III): Both the Parliament and the State Legislatures can make laws on these subjects.
- State List (List II): The State Legislature has exclusive power to make laws on these matters within their state.
- Parliament's Overriding Power: Parliament can legislate on any matter for any part of India, even if it is a State List subject.
Why It Matters
This article clearly divides the legislative powers between the Central government and the State governments, ensuring that laws are made by the correct authority for specific subjects.
Landmark Judgements
No major landmark judgements.