Union, State And Concurrent Lists

Union, State And Concurrent Lists

List I or the Union list includes 100 subjects over which the Union shall have exclusive power of legislation. The matters of national importance and the matters which require uniformity of legislation nationwide like defense, foreign affairs, banking, insurance, currency and coinage etc. are included in this list.
 
  • List II or the State List comprises 61 items or entries over which the State Legislature shall have exclusive power of legislation. The matters of regional and local importance and the matters which permit diversity of interest such as public order and police, local government, public health and sanitation, agriculture, forests, fisheries, state taxes and duties etc. are included in this list.
  • List III or the Concurrent List gives concurrent powers to the Union and the State Legislatures over 52 items. The matters on which uniformity of legislation throughout the country is desirable but not essential such as criminal law and procedure, civil procedure, marriage, contracts, torts, trusts, welfare of labour, economic and social planning and education etc. are enumerated in this list.
  • The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State List, the former should prevail. In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.
  • In the concurrent sphere, in case of repugnancy between a Union and a State law relating to the same subject, the former prevails. If, however, the State law was reserved for the assent of the President and has received such assent, the State law may prevail notwithstanding such repugnancy, but it would still be competent for Parliament to override such State law by subsequent legislation [A-254(2)].

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