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UNION LIST , STATE LIST, CONCURRENT LIST

(1).      Union List

(2 )       State List

(3).      Concurrent List

 

 

  • Union List

The Union List or List-I is a list of 100 items (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate. The legislative section is divided into three lists: Union List, State List andConcurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.

There are 100 items on the list, of which one is no longer in force. These are:

  1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.
  2. Naval, militaryand air forces; any other armed forces of the Union.

2A. Deployment of any armed forces of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.

  1. Delimitation of [cantonment] areas, local self-governmentin such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas.
  2. Naval, militaryand air force works.
  3. Arms, firearms, ammunitionand explosives.
  4. Atomic energyand mineral resources necessary for its production.
  5. Industriesdeclared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war.
  6. Central Bureau of Intelligence and Investigation.
  7. Preventive detentionfor reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.
  8. Foreign affairs; all matters which bring the Union into relation with any foreign country.
  9. Diplomatic, consularand trade representation.
  10. United Nations Organisation.
  11. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.
  12. Entering into treatiesand agreements with foreign countries and implementing of treaties, agreements and conventions with foreign Countries.
  13. Warand peace.
  14. Foreign jurisdiction.
  15. Citizenship, naturalisationand aliens.
  16. Extradition.
  17. Admission into, and emigrationand expulsionfrom, India; passports and visas.
  18. Pilgrimagesto places outside India.
  19. Piraciesand crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.
  20. Railways.
  21. Highwaysdeclared by or under law made by Parliament to be national highways.
  22. Shippingand navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways
  23. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marineand regulation of such education and training provided by States and other agencies.
  24. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.
  25. Portsdeclared by or under law made by Parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein.
  26. Port quarantine, including hospitals connected therewith; seamen’s and marine hospitals.
  27. Airways aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic, and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by States and other agencies.
  28. Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.
  29. Posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication.
  30. Property of the Union and the revenue therefrom, but as regards property situated in a State subject to legislation by the State, save in so far as Parliament by law otherwise provides.
  31. Courts of wardsfor the estates of Rulers of Indian States.
  32. Public debtof the Union.
  33. Currency, coinageand legal tender; foreign exchange.
  34. Foreign loans.
  35. Reserve Bank of India.
  36. Post Office Savings Bank.
  37. Lotteries organised by the Government of Indiaor the Government of a State.
  38. Tradeand commerce with foreign countries import and export across customs frontiers definition of customs frontiers.
  39. Inter-State trade and commerce.
  40. Incorporation, regulation and winding up of trading Corporations, including banking, insurance and financial corporations but not including Co-operative Societies.
  41. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one State, but not including universities.
  42. Banking.
  43. Bills of exchange, cheques, promissory notesand other like instruments.
  44. Insurance.
  45. Stock exchangesand futures markets.
  46. Patents, inventions and designs; copyright; trade-marksand merchandise marks.
  47. Establishment of standards of weight and measure.
  48. Establishment of standards of quality for goods to be exported out of India or transported from one State to another.
  49. Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.
  50. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable.
  51. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
  52. Regulation of labour and safety in mines and oil-fields.
  53. Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
  54. Fishing and fisheries beyond territorial waters.
  55. Manufacture, supply and distribution of salt by Union agencies; regulations and control of manufacture, supply and distribution of salt by other agencies.
  56. Cultivation, manufacture, and sale for export, of opium.
  57. Sanctioning of cinematograph filmsfor exhibition.
  58. Industrial disputes concerning Union employees.
  59. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorialand the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.
  60. The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim Universityand the Delhi University; the University established in pursuance of Article 371-E; any other institution declared by Parliament by law to be an institution of national importance.
  61. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.
  62. Union agencies and institutions for –

(a) professional, vocational or technical training, including the training of police officers; or

(b) the promotion of special studies or research; or

(c) scientific or technical assistance in the investigation or detection of crime.

  1. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
  2. Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance.
  3. The Survey of India, the Geological, Botanical, Zoologicaland AnthropologicalSurveys of India; Meteorological organisations.
  4. Census.
  5. Union public services; all-India services; Union Public Service Commission.
  6. Union Pensions, that is to say, pensions payable by the Government of India or out of the Consolidated Fund of India.
  7. Electionsto Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission.
  8. Salaries and allowances of members of Parliament, the Chairmanand Deputy chairmanof the Council of States and the Speaker and Deputy Speaker of the House of the People.
  9. Powers, privileges and Immunities of each House of Parliamentand of the members and the Committees of each House enforcement of attendance of persons for giving evidence or producing documents before committees of Parliament or commissions appointed by Parliament.
  10. Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governorssalaries and allowances of the Ministers for the Union; the Salaries, allowances, and rights in respect of leave of absence and other conditions of service of the Comptroller and Auditor-General.
  11. Audit of the accounts of the Union and of the States.
  12. Constitution, organisation, jurisdiction and powers of the Supreme Court(including contempt of such Court), and the fees taken therein persons entitled to practice before the Supreme Court.
  13. Constitution and organisation (including vacations) of the High Courtsexcept provisions as to officers and servants of High Courts; persons entitled to practice before the High Courts.
  14. Extensions of the jurisdiction of a High Court to, and exclusion of the jurisdiction of a High Court from any Union territory.
  15. Extension of the powers and jurisdiction of members of a police force belonging to any Stateto any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.
  16. Inter-state migration; inter-State quarantine.
  17. Taxes on income other than agricultural income.
  18. Duties of customsincluding export duties.
  19. Duties of excise on tobaccoand other goods manufactured or produced in India except –

(a) alcoholic liquors for human consumption

(b) opium, Indian hemp and other narcotic drugs and narcotics;

but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

  1. Corporation tax.
  2. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.
  3. Estate dutyin respect of property other than agricultural land.
  4. Dutiesin respect of succession to property other than agricultural land.
  5. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights.
  6. Taxes other than stamp dutieson transactions in stock exchanges and futures markets.
  7. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.
  8. Taxes on the sale or purchase of newspapers and on advertisements published therein.

92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.

92B. Taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.

92C. Taxes on services.

  1. Offences against laws with respect to any of the matters in this List.
  2. Inquiries, surveys and statistics for the purpose of any of the matters in this List.
  3. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List admiralty jurisdiction.
  4. Fees in respect of any of the matters in this List, but not including fees taken in any court.
  5. Any other matter not enumerated in List IIor List IIIincluding any tax not mentioned in either of those Lists.

 

(2)State List

The State List or List-II is a list of 61 items (Initially there were 66 items in the list) in Seventh Schedule to the Constitution of India. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.

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, 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. There is an exception to this in cases “where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.”

Items on the list

The 61 items currently on the list are:

  1. Public order(but not including the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof in aid of the civil power).
  2. Police (including railway and village police) subject to the provisions of Entry 2-A ofList-I.
  3. Officers and servants of theHigh Court; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.
  4. Prisons,reformatories, Borstal institutions and other institutions of a like nature and persons detained therein; arrangements with other States for the use of prisons and other institutions.
  5. Local government, that is to say, the constitution and powers ofmunicipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local selfgovernment or village administration.
  6. Public healthand sanitation; hospitals and dispensaries.
  7. Pilgrimages, other than pilgrimages to places outside India.
  8. Intoxicating liquors, that is to say, the production, manufacture, transport, purchase and sale of intoxicating liquors.
  9. Relief for thedisabled and unemployable.
  10. Burialsandburial grounds; cremations and cremation grounds.
  11. Libraries,museumsand other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.
  12. Communications, that is to say, roads, bridges,ferries, and other means of communication not specified inList I; municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such water-ways; vehicles other than mechanically propelled vehicles.
  13. Agriculture, including agricultural education and research; protection against pests and prevention of plant diseases.
  14. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
  15. Pondsand the prevention of cattle trespass.
  16. Water, that is to say,water supplies,irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I.
  17. Land, that is to say, rights in or over land,land tenuresincluding the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land;land improvement and agricultural loans; colonization.
  18. Fisheries.
  19. Courts of wards; subject to the provisions of Entry 34 of List I; encumbered and attached estates.
  20. Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the control of the Union.
  21. Industriessubject to the provisions of Entries 7 and 52 of List I.
  22. Gasandgas-works.
  23. Tradeandcommerce within the State subject to the provisions of Entry 33 of List III.
  24. Production, supply and distribution ofgoodssubject to the provisions of Entry 33 of List III.
  25. Marketsandfairs.
  26. Money-lending andmoney-lenders; relief of agricultural indebtedness.
  27. Innsand inn-keepers.
  28. Incorporation, regulation and winding up of corporations, other than those specified in List I, anduniversities; unincorporated trading, literary, scientific, religious and other societies and associations;co-operative societies.
  29. Theatresanddramatic performances; cinemas subject to the provisions of Entry 60 of List I; sports, entertainments and amusements.
  30. Bettingandgambling.
  31. Works, lands and buildings vested in or in the possession of the State.
  32. Elections to the Legislature of the Statesubject to the provisions of any law made by Parliament.
  33. Salaries and allowances ofmembers of the legislatureof the State, of the Speaker and Deputy Speaker of the Legislative Assembly and, if there is a Legislative Council, of the Chairman and Deputy Chairman thereof.
  34. Powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof and, if there is a Legislative Council, of that Council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State.
  35. Salaries and allowances of Ministers for the State.
  36. Statepublic services; State Public Service Commission.
  37. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.
  38. Public debtof the State.
  39. Treasure trove.
  40. Land revenue, including the assessment and collection of revenue, the maintenance ofland records, survey for revenue purposes and records of rights, and alienation of revenues.
  41. Taxes onagricultural income.
  42. Dutiesin respect of succession to agricultural land.
  43. Estate dutyin respect of agricultural land.
  44. Taxes on lands and buildings.
  45. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
  46. Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India-

(a) alcoholic liquors for human consumption

(b) opium, Indian hemp and other narcotic drugs and narcotics

but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.

  1. Taxes on the entry of goods into a local area for consumption, use or sale therein.
  2. Taxes on the consumption or sale ofelectricity.
  3. Taxes on the sale or purchase of goods other thannewspapers, subject to the provisions of Entry 92-A of List I.
  4. Taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television.
  5. Taxes on goods and passengers carried by road or oninland waterways.
  6. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, includingtram-carssubject to the provisions of Entry 35 of List III [Concurrent list].
  7. Taxes on animals and boats.
    1. olls.
    2. Taxes on professions, trades, callings and employments.
    3. Capitation taxes.
    4. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
    5. Rates ofstamp dutyin respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
    6. Offences against laws with respect to any of the matters in this list.
    7. Jurisdiction and powers of all courts, except theSupreme Court, with respect to any of the matters in this list.
    8. Fees in respect of any of the matters in this list, but not including fees taken in any court.

     

    (2)           Concurrent List

    The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last item is numbered 47) given in the Seventh Schedule to the Constitution of India. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.

    Uniformity is desirable but not essential on items in the concurrent list. If any provision of a law made by the Legislature of a State

    Tis 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, 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. There is an exception to this in cases “where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.

Items on the list.

The 52 items currently on the list are.

  1. Criminal law, including all matters included in theIndian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
  2. Criminal procedure, including all matters included in theCode of Criminal Procedure at the commencement of this Constitution.
  3. Preventive detentionfor reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
  4. Removal from oneStateto another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.
  5. Marriageand divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
  6. Transfer of property other thanagricultural land; registration ofdeeds and documents.
  7. Contractsincluding partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
  8. Actionable wrongs.
  9. Bankruptcyand insolvency.
  10. Trustand Trustees.
  11. Administrators – general and official trustees.

11-A. Administration of justice; constitution and Organisation of all courts, except the Supreme Court and the High Courts.

  1. Evidenceand oaths; recognition of laws, public acts and records, and judicial proceedings.
  2. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation andarbitration.
  3. Contempt of court, but not including contempt of the Supreme Court.
  4. Vagrancy;nomadic and migratory tribes.
  5. Lunacyand mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
  6. Prevention ofcruelty to animals.

17-A. Forests.

17-B. Protection of wild animals and birds.

  1. Adulterationof foodstuffs and other goods.
  2. Drugsand poisons, subject to the provisions of Entry 59 of List I with respect to opium.
  3. Economicand social planning.

20-A. Population control and family planning.

  1. Commercial and industrial monopolies,combinesand trusts.
  2. Trade unions;industrial and labour disputes.
  3. Social securityand social insurance; employment and unemployment.
  4. Welfare of labour includingconditions of work,provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits.
  5. Education, includingtechnical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.
  6. Legal,medical and other professions.
  7. Reliefand rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
  8. Charitiesand charitable institutions, charitable and religious endowments and religious institutions.
  9. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
  10. Vital statisticsincluding registration of births and deaths.
  11. Portsother than those declared by or under law made by Parliament or existing law to be major ports.
  12. Shippingand navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
  13. Tradeand commerce in, and the production, supply and distribution of,-

(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products

(b) foodstuffs, including edible oilseeds and oils

(c) cattle fodder, including oilcakes and other concentrates

(d) raw cotton, whether ginned or unginned, and cotton seed; and

(e) raw jute.

33-A. Weights and measures except establishment of standards.

  1. Price control.
  2. Mechanically propelled vehiclesincluding the principles on which taxes on such vehicles are to be levied.
  3. Factories.
  4. Boilers.
  5. Electricity.
  6. Newspapers, books andprinting presses.
  7. Archaeological sitesand remains other than those declared by or under law made by Parliament to be of national importance.
  8. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
  9. Acquisition and requisitioning of property.
  10. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
  11. Stamp dutiesother than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
  12. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
  13. Jurisdiction and powers of all courts, except theSupreme Court, with respect to any of the matters in this List.
  14. Fees in respect of any of the matters in this List, but not including fees taken in any court.