Article 246 of Indian Constitution: Subject-matter of laws made by Parliament and by the Legislatures of States.
Article 246 – Constitution Of India
(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 2 [in a State] notwithstanding that such matter is a matter enumerated in the State List.
What is Article 246 of Indian Constitution
In simpler terms, Article 246 can be summarized as follows:
- Union List (List I): Parliament has exclusive authority to make laws on subjects listed in the Union List. These are typically matters of national importance, such as defense, foreign affairs, and currency.
- Concurrent List (List III): Both Parliament and the state legislatures have the authority to make laws on subjects listed in the Concurrent List. These subjects are of shared jurisdiction, and both levels of government can legislate on them. Examples include education, criminal law, and marriage.
- State List (List II): State legislatures have exclusive authority to make laws on subjects listed in the State List. These are typically matters of regional or local significance, such as police, public health, and agriculture.
Article 246 is essential for maintaining the federal structure of the Indian government. It outlines the boundaries of legislative powers between the Union and the States, ensuring that each has the authority to legislate on specific subjects as defined in the Seventh Schedule of the Constitution.
Constitution Of India Part 11 Relations Between The Union And The States – Articles 245 to 263
Article 258 of Indian Constitution – Power of the Union to confer powers, etc., on States in certain cases
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Article 262 of Indian Constitution – Adjudication of disputes relating to waters of interState rivers or river valleys