INTRODUCTION

Seventh schedule of the Constitution is Article 246 which laid down the following lists in it:
(i) Union List, (ii) State List, (iii) Concurrent List. These list deals with certain matters in it.
Union List contains the responsibility for which the central government is responsible. The
State list contains the responsibility for which the state government is responsible. And the
Concurrent list contains the responsibility for which the central and state governments are
responsible. Parliament has power to make laws with respect to the matters enumerated in
List I in the Schedule (which is referred to as the Union List) and has power to make laws
with respect to any of the matters enumerated in List III in the Schedule (which is to as the
Concurrent List) and Legislature of any State also has the power to make laws in this regard.
Parliament has also got power to make laws with respect to any matter for any part of the
territory of India (not including a state) not including the matter which is a matter enumerated
in State List.
There are Twelve Schedules to the Constitution :-

1. First Schedule (under Articles 1 and 4) gives a list of the States and Territories
comprising the Union. States 1. Andhra Pradesh, 2. Assam, 3. Bihar, 4. Gujarat, 5.
Kerala, 6. Madhya Pradesh, 7. Tamil Nadu, 8. Maharashtra, 9. Karnataka, 10. Orissa, 11.
Punjab, 12. Rajasthan, 13. Uttar Pradesh, 14. West Bengal, 15. Jammu and Kashmir, 16.
Nagaland, 17. Haryana, 18. Himachal Pradesh, 19. Manipur, 20. Tripura, 21. Meghalaya,
22. Sikkim, 23. Arunachal Pradesh, 24. Mizoram, 25. Goa. 26. Jharkhand, 27. Uttarnchal,
28. Chattisgarh.

Union Territories 1. Delhi, 2. Andaman and Nicobar Islands, 3. Laccadive, Minicoy and
Amindivi Islands, 4. Dadra and Nagar Haveli, 5. Daman and Diu, 6. Pondicherry, 7.
Chandigarh.

2. Second Schedule under Arts. 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3) consists of 5
Parts, A to E.

 Part A fixes the remuneration and emoluments payable to the President and
Governors.

 Part B has been deleted by the Constitution (Seventh Amendment) Act of 1956.

 Part C contains provisions as to the Speaker and the Deputy Speaker of the House of
the People and the Chairman and the Deputy Chairman of the Council of States and
the Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman
of the Legislative Council.

 Part D contains provisions as to emoluments of the judges of the Supreme Court and
of the High Courts.

 Part E contains provisions as to the Comptroller and Auditor General of India.

3. Third Schedule (under Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219) contains
forms of Oaths and Affirmations.

4. Fourth Schedule (under Articles 4(1) and (20)) allocates seats for each State and Union
Territory, in the Council of States.
5. Fifth Schedule (under Articles 244(1) provides for the administration and control of
Scheduled Areas. This schedule provides for amendment by a simple majority of
Parliament and takes it out of the ambit of Article 368 (Amendment of the Constitution).

6. Sixth Schedule (under Articles 214(2) and 275(1)) provides for the administration of
Tribal Areas in Assam, Meghalaya and Mizoram. This is a lengthy schedule which goes
into the details of the administration in the Tribal Areas concerned. This schedule can
also be amended by a simple majority of Parliament.

7. Seventh Schedule (under Article 246) gives three Lists : 1. Union List contains 97
subjects in which the Union government has exclusive authority; 2. State List contains 66
subjects which are under the exclusive authority of State governments; 3. Concurrent List
contains 47 subjects, where the Union and States have concurrent powers.

8. Eighth Schedule (under Articles 344(1) and 351(1) gives a lot of 18 languages
recognised by the Constitution : 1. Assamese, 2. Bengali, 3. Gujarati, 4. Hindi, 5.
Kannada, 6. Kashmiri, 7. Malayalam, 8. Marathi, 9. Oriya, 10. Punjabi, 11. Sanskrit, 12.
Sindhi, 13. Tamil, 14. Telugu, 15, Urdu, 16. Konkani, 17. Manipuri, 18. Nepali.

9. Ninth Schedule (under Article 31(B) was added by the Constitution (First Amendment)
Act, 1951. It contains Acts and Orders relating to land tenures, land tax, railways,
industries, etc., passed by the State governments, and Union Government which are
beyond the jurisdiction of civil courts.

10. Tenth Schedule (under Articles 101, 102, 191 and 192). It contains the Anti-defection
Act.

11. Eleventh Schedule (under Article 243 G) mentions functional areas or subjects that are
necessary for implementation of schemes for economic development and social justice in
each Panchayat. To mention a few- agriculture, social forestry, small scale industry,
roads, rural housing, PDS, education, health & sanitation, poverty- Ileviation, non-
conventional energy sources etc.
12. Twelfth Schedule mentions three types of municipal committees- nagar panchayats for
transitional area, municipal council for smaller urban areas and municipal corporation for
large urban areas.
SEVENTH SCHEDULE OF INDIAN CONSTITUTION
CONSISTS OF THREE LISTS :

1. UNION LIST

2. STATE LIST

3. CONCURRENT LIST
UNION LIST (LIST-1)
1. Defence of India

2. Naval, military and air forces; any other armed forces of the Union.

2A. Deployment of any armed force of the Union in any state in aid of the civil power.

3. Cantonment areas and local self-government in such areas.

4. Naval, military and air force works.

5. Arms, firearms, ammunition, and explosives.

6. Atomic energy and mineral resources necessary for its production.

7. Defence Industries.

8. Central Bureau of Intelligence and Investigation.

9. Preventive detention for reasons connected with defence, foreign affairs, or the

security of India.

10. Foreign affairs

11. Diplomatic, consular and trade representation

12. United Nations Organization

13. International Conferences, Associations and other bodies

14. Treaties, agreements and conventions with foreign countries

15. War and Peace

16. Foreign jurisdiction

17. Citizenship, naturalization and aliens

18. Extradition

19. Passports and visas

20. Pilgrimages to places outside India

21. Piracies and crimes committed on the high seas or in the air and offences against the

law of nations.

22. Railways
23. National highways

24. Shipping and navigation on national waterways

25. Maritime shipping and navigation

26. Lighthouses for the safety of shipping and aircraft

27. Major ports

28. Port quarantine, seaman and marine hospitals

29. Airways; aircraft and air navigation, provision of aerodromes

30. Carriage of passengers and goods by railway, sea, air national waterways.

31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of

communication.

32. Property of the Union.

33. Courts of wards for the estates of rules of Indian states.

34. Public debt of the Union.

35. Currency, coinage and legal tender; foreign exchange.

36. Foreign loans

37. Reserve Bank of India

38. Post Office Savings Bank

39. Lotteries organized by the Union or state

40. Trade and commerce with foreign countries

41. Inter-state trade and commerce

42. Trading Corporations, including banking, insurance and financial corporations but not

including co- operative societies.

43. Corporations, whether trading or not, with objects not confined to one state.

44. Banking

45. Bills of exchange, cheques, promissory notes and other like instruments.

46. Insurance

47. Stock exchange and futures markets.

48. Patents, inventions and designs; copyright; trade-marks and merchandise marks.

49. Establishment of standards of weight and measure.

50. Establishment of standards of quality for goods to be exported out of India or

transported from one state to another.

51. Industries, the control of which by the public interest.

52. Oil fields and mineral oil resources; petroleum and petroleum products; other liquids

and substances which are inflammable.

53. Regulation of mines and mineral development in the public interest.

54. Regulation of labour and safety in mines and oil fields.

55. Regulation of development of inter-state rivers and river valleys.

56. Fishing and fisheries beyond territorial waters.

57. Manufacture, supply and distribution of salt by Union and other agencies.

58. Cultivation and manufacture of opium and its export.

59. Sanctioning of cinematograph films for exhibition.

60. Industrial disputes concerning Union employees.

61. National Library, the Indian Museum, the Imperial War Museum, the Victoria

Memorial and the Indian War Memorial, and any other like institution of national

importance.

62. Benaras Hindu University, the Aligarh Muslim University and the Delhi University,

any other institution of national importance.

63. Scientific or technical education institutions of national importance.

64. Union agencies and institutions for training research or detection of crime.

65. Standards in institutions for higher education or research and scientific and technical

institutions.

66. Ancient and historical monuments and records, and archaeological sites and remains

of national importance.

67. The Survey of India, the geological, botanical, zoological and anthropological surveys
 of India, meteorological organizations.

68. Census

69. Union Public Services; All-India Services; Union Public Service Commission.

70. Union Pensions.

71. Elections to Parliament, the legislatures of states and the offices of President and

Vice-President; the Election commission.

72. Salaries and allowances of members and presiding officers of Parliament.

73. Powers, privileges and immunities of each House of Parliament and of the members

and the committees of each House.

74. Emoluments and service conditions of the President, Governors, the Ministers for the

Union and the Comptroller and Auditor General.

75. Audit of the accounts of the Union and of the states.

76. Organization, jurisdiction and powers of the Supreme Court.

77. Organization of the High Courts.

78. Extension of the jurisdiction of a High Court to any Union Territory.

79. Extension of the powers and jurisdiction of members of a police force belonging to

any state to any area outside that state.

80. Inter-state migration; inter-state quarantine.

81. Taxes on income other than agricultural income.

82. Duties of customs including export duties.

83. Duties of excise on tobacco and other goods except alcoholic liquors for human

consumption and opium, Indian hamp and other narcotic drugs and narcotics, but

including medicinal and toilet preparations containing alcohol.

84. Corporation tax

85. Taxes on the capital value of the assets (exclusive of agricultural land) of individuals

and companies; taxes on the capital of companies.

86. Estate duty in respect of property other than agricultural land.

87. Duties in respect of succession to property other than agricultural land.

88. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway

fares and freights.

89. Taxes other than stamp duties on transactions in stock exchanges and futures markets.

90. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bill of

landing, letters of credit, policies of insurance, transfer of shares, debentures, proxies

and receipts.

91. Taxes on the sale or purchase of newspapers and on advertisements published therein.

92. Taxes on the sale or purchase of goods and other than newspapers, where such sale or

purchase takes place in the course of inter-state trade or commerce.

93. Taxes on the consignment of goods in the course of inter-state trade or commerce.

94. Taxes on services.

95. Offences, against laws with respect to any of the members in this list.

96. Inquiries, surveys and statistics for the purpose of any of the matters in this list.

97. Jurisdiction and powers of all courts (except the Supreme Court) with respect to any

of the matters in this list; admiralty jurisdiction.

98. Fees in respect of any of the matters in this list, but not including fees taken in any

court.

99. Any other matter not enumerated in List II or List III including any tax not mentioned

in either of those lists.

STATE LIST (LIST – II)
1. Public Order

2. Police

3. Officers and servants of the High Court.

4. Prisons, reformatories, borstal institutions and other such institutions.

5. Local government.

6. Public Health and Sanitation.

7. Pilgrimages, other than pilgrimages to places outside India.

8. Intoxicating liquors

9. Relief of the disabled and unemployed

10. Burials and burial grounds

11. (Omitted)

12. Libraries, museums and other similar institutions; ancient and historical monuments

and records other than those of national importance.

13. Communications, that is, roads, bridges, ferries and other means of communication

not specified in List I.

14. Agriculture, including agricultural education and research.

15. Preservation of stock and prevention of animal diseases.

16. Pounds and the prevention of cattle trespass.

17. Water, that is, water supplies, irrigation and canals, drainage and embankments, water

storage and water power.

18. Land, that is, right in or over land, land tenures and the collection of rents.

19. (Omitted)

20. (Omitted)

21. Fisheries

22. Courts of wards

23. Regulation of mines and mineral development

24. Industries

25. Gas and gas-works

26. Trade and commerce within the state.

27. Production, supply and distribution of goods

28. Markets and fairs.

29. (Omitted)

30. Money-lending and money-lenders; relief of agricultural indebtedness

31. Inns and inn-keepers

32. Corporation, other than those specified in List I, and universities; unincorporated

trading, literacy, scientific, religious and other societies and associations; co-operative

societies.

33. Theatres and dramatic performances; cinemas; sports, entertainments and

amusements.

34. Betting and gambling

35. Works, lands and buildings of the state

36. (Omitted)

37. Elections to the legislature of the state

38. Salaries and allowances of members and presiding officers of the legislature of the

state.

39. Powers, privileges and immunities of the legislature of the state and of the members

and the committees thereof.

40. Salaries and allowances of ministers for the state.

41. States public services; State Public Service Commission

42. State pensions

43. Pubic debt of the state

44. Treasure trove

45. Land revenue, including maintenance of land records.

46. Taxes on agricultural income

47. Duties in respect of succession to agricultural land

48. Estate duty in respect of agricultural land

49. Taxes on lands and buildings

50. Taxes on mineral rights

51. Duties of excise on alcoholic liquors for human consumption; opium, Indian hemp

and other narcotic drugs and narcotics, but including medicinal and toilet preparations

52. Taxes on the entry of goods into a local area.

53. Taxes on the consumption of sale of electricity.

54. Taxes on the sale or purchase of goods other than newspapers.

55. Taxes on advertisements other than advertisements published in the newspapers and

advertisements broadcast by radio or television.

56. Taxes on goods and passengers carried by road or on inland waterways.

57. Taxes on vehicles

58. Taxes on animals and boats

59. Tolls

60. Taxes on professions, trades, callings and employments

61. Captivation of taxes

62. Taxes on luxuries, including taxes on entertainments, amusements, betting.

63. Rates of stamp duty in respect of documents other than those specified in List I.

64. Offences against laws with respect to any of the matters in this list.

65. Jurisdiction and powers of all courts (except the Supreme Court) with respect to any

of the matters in this list.

66. Fees in respect of any of the matters in this list, but not including fees taken in any
court.
CONCURRENT LIST (LIST – III)
1. Criminal Law, including all matters included in the Indian Penal Code.

2. Criminal Procedure, including all matters included in the code of criminal procedure.

3. Preventive detention for reasons connected with the security of a state, the

maintenance of public order, or the maintenance of supplies and services essential to

the community.

4. Removal from one state to another state of prisoners and accused persons.

5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession;

joint family and partition.

6. Transfer of property other than agricultural land; registration of deeds and documents.

7. Contracts

8. Actionable wrongs

9. Bankruptcy and insolvency

10. Trust and Trustees

11. Administration – general and official trustees

11A. Administrators of justice; constitution and organization of all courts, except the
Supreme Court and the High Courts.

12. Evidence and oaths; recognition of laws, public acts and records, and judicial

proceedings.

13. Civil Procedure, including all matters included in the code of Civil procedure.

14. Contempt of court, but not including contempt of the Supreme Court.

15. Vagrancy; nomadic and migratory tribes.

16. Lunacy and mental deficiency.

17. Prevention of cruelty to animals.

17A. Forests

17B. Protection of wild animals and birds.

18. Adulteration of foodstuffs and other goods.

19. Drugs and poisons

20. Economic and social planning.

20A. Population control and family planning.

21. Commercial and industrial monopolies, combines and trusts.

22. Trade unions; industrial and labour disputes.

23. Social security and social insurance; employment and unemployment.

24. Welfare of labour including conditions of work, provident funds, employers’ liability,

workmen’s compensation, invalidity and old age pensions and maternity benefits.

25. Education, including technical education, medical education and universities.

26. Legal, medical and other professions.

27. Relief and rehabilitation of persons.

28. Charitable institutions, religious endowments and religious institutions.

29. Infectious or contagious diseases or pests affecting men, animals or plants.

30. Vital statistics including registration of births and deaths.

31. Ports other than major ports.

32. Shipping and navigation on inland waterways.

33. Trade and commerce, in and the production, supply and distribution of, foodstuffs,

including edible oil seeds and oils, cattle fodder; raw cotton, and cotton seeds; and

raw jute.

33A. Weights and measures except establishment of standards.

34. Price control

35. Mechanically propelled vehicles including the principles on which taxes on such

vehicles are to be levied.

36. Factories

37. Boilers

38. Electricity

39. Newspapers, books and printing presses

40. Archaeological sites and remains other than those of national importance.

41. Evacuee property (including agricultural land)

42. Acquisition and requisitioning of property

43. Recovery in a state of claims in respect of taxes and other public demands.

44. Stamp duties other than duties or fees collected by means of judicial stamps, but not

including rates of stamp duty.

45. Inquiries and statistics for the purposes of any of the matters specified in List II or

List III.

46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any
of

the matters in this list.

47. Fees in respect of any of the matters in this list, but not including fees taken in any

court.
WHAT IS THE

LITERALITY OF

SEVENTH

SCHEDULE IN

CONSTITUTION.
 The union list contains items for which the
federal government has responsibility.

Union list consists of 100 items (previously 97 items) on which the parliament has
exclusive power to legislate with including: defence, armed forces, arms and
ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition,
railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless
and broadcasting, currency, foreign trade, inter-state trade and commerce, banking,
insurance, control of industries, regulation and development of mines, mineral and oil
resources, elections, audit of Government accounts, constitution and organisation of
the Supreme Court, High Courts and union public service commission, income tax,
custom duties and export duties, duties of excise, corporation tax, taxes on capital
value of assets, estate duty, terminal taxes.

These enlistment of several items automatically make Laws within themselves. And
when it is controlled by federal government, laws are must. Laws related to union list
are made by parliament exercising their exclusive power. Thus, it is mandatory to
have laws for the union list because the Union List contains major duties and items.

According to the Article 356 of the Constitution of India, states must exercise their
executive power in compliance with the laws made by the Central government.
Article 357 calls upon every state not to impede on the executive power of the Union
within the states. Articles 352 to 360 contain provisions which empower the Centre to
take over the executive of the states on issues of national security or on the
breakdown of constitutional machinery. Governors are appointed by the Central
government to oversee states. The president can dissolve the state assembly under the
recommendation of the council of ministers by invoking Article 356 if and when
states fail to comply with directives given by the Centre.
The Constitution provides that, except in a few cases, union law trumps state law. 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.

Plus Many Bills and Acts are passed in the favour of Union list.

FOR EXAMPLE : Indian Stamp Act

The Indian Stamp Act, 1899 (2 of 1899) is a fiscal statute laying down the law
relating to tax levied in the form of stamps on instruments recording transactions &
Stamp duties on instruments specified in Entry 91 of the Union List (viz. Bills of
Exchange, cheques, promissory notes, bills of lading, letters of credit, policies of
insurance, transfer of shares, debentures, proxies and receipts) is levied by the Union.
Stamp duties on instruments other than those mentioned in Entry 91 of the Union List
above are levied by the States as per Entry 63 of the State List. Provisions other than
those relating to rates of duty fall within the legislative power of both the Union and
the States by virtue of Entry 44 of the Concurrent List. Stamp duties on all the
instruments are collected and kept by the Concerned States.
 Because of large scale changes in the usage of the instruments since the Indian Stamp
Act, 1899 was introduced, a need to amend a good number of provisions of this Act is
being felt for quite some time. Law Commission in its 67th report submitted in 1976
has made extensive recommendations in this regard. Serious efforts are now being
made to bring in large scale amendments in Indian Stamp Act, 1899 to bring this law
in tune with the times.

• The state list contains items for which the

state governments have responsibility.

State list consists of 61 items (previously 66 items). Uniformity is desirable but not essential
on items in this list: maintaining law and order, police forces, healthcare, transport, land
policies, electricity in state, village administration, etc. The state legislature has exclusive
power to make laws on these subjects. But in certain circumstances, the parliament can also
make laws on subjects mentioned in the State list. Then the parliament has to pass a
resolution with 2/3rd majority that it is expedient to legislate on this state list in the national
interest.

Though states have exclusive powers to legislate with regards to items on the State list,
articles 249, 250, 252, and 253 state situations in which the federal government can legislate
on these items.

This List contains the basic need and welfare of Indian Citizens like Healthcare, land,
transport, etc.. Many Laws were made and also are in the process for the State list.
Some Acts and bills are also passed which favours only states.

FOR EXAMPLE : FOOD SECURITY BILL

In December 2011, National Food Security Bill was introduced in the Lok Sabha for the first
time to address the issue of food security in a comprehensive manner and with an aim "To
provide for food and nutritional security in human life cycle approach, by ensuring access to
adequate quantity of quality food at affordable prices to people to live a life with dignity and
for matter connected therewith or incidental thereto."

On the basis of the report of Standing Committee on Food, Consumer Affairs and Public
Distribution, the Union Cabinet cleared the bill on 4th July 2013 and paved a way to make
the framework of the proposed legislation simpler by providing more flexibility to States/
Union territories in its implementation and to address some of the important concerns relating
to food security.

 The concurrent list contains items

for which the federal and state
governments share responsibility
Concurrent list consists of 52 items (previously 47 items). Uniformity is desirable but not
essential on items in this list: Marriage and divorce, transfer of property other than
agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil
procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and
social planning, trade unions, labour welfare, electricity, newspapers, books and printing
press, stamp duties.

Here Laws are made taking in consideration both states and centre(union).

FOR EXAMPLE : THE JANLOKPAL BILL1.

The constitutional framework that governs the powers of the Delhi government to introduce
this Bill lies at the heart of the issue. To properly appreciate the powers of the Delhi
government in this regard, the constitutional provisions on the NCTD must be understood
first. The extremely wide range of issues on which laws can be made is divided between
the Union and the States in Schedule VII of the Constitution. While List I and List II in
Schedule VII delineate the exclusive domains of Parliament and the State legislative

1 http://www.prsindia.org/pages/all-about-the-lok-pal-bill-137/
Assemblies respectively, List III (Concurrent List) contains subjects over which both
have jurisdiction. At the risk of not addressing several constitutional nuances, it would
suffice to say that in case of conflict between the laws passed by Parliament and the State
legislative Assemblies (despite each body having subject matter competence), the law made
by Parliament takes precedence.

BIBLIOGRAPHY

1. P.M. Bakshi, Subhash C. Kashyap; Constitution of India, Universal Law

Publishing, 1954.

2. Reddy, G.B., Constitution of India and Professional Ethics, 2007

 Websites
1. http://en.wikipedia.org/wiki/Federalism_in_India#Union_List

2. http://rosemaryinstitute.com/general-knowledge/134-union-state-and-concurrent-list

3. http://www.constitution.org/cons/india/shed07.html

4. http://indiankanoon.org/search/?formInput=concurrent%20list