Article 246

Article 246 of the Constitution of India forms the cornerstone of India’s federal legislative system. It defines the distribution of legislative powers between the Parliament and the State Legislatures, determining which level of government has the authority to make laws on specific subjects. Located in Part XI (Relations between the Union and the States) and read with the Seventh Schedule, this Article ensures a structured and balanced division of powers to maintain the country’s unity while allowing regional autonomy.

Structure and Purpose

Article 246 provides a threefold distribution of legislative competence, reflecting India’s quasi-federal nature. It divides subjects of legislation into three lists contained in the Seventh Schedule:

1. Union List (List I) – subjects on which only Parliament can legislate.
2. State List (List II) – subjects on which only State Legislatures can make laws.
3. Concurrent List (List III) – subjects on which both Parliament and the States can legislate.

This division aims to ensure that governance responsibilities are distributed efficiently, avoiding overlaps and conflicts in legislative authority.

Clause (1): The Union List

Clause (1) of Article 246 provides that Parliament has exclusive power to make laws on matters enumerated in List I (the Union List) of the Seventh Schedule. This list contains subjects of national importance, requiring uniformity across India. Examples include:

• Defence and armed forces
• Foreign affairs and diplomatic relations
• Atomic energy and mineral resources
• Railways, shipping, and air transport
• Currency, banking, and insurance
• Citizenship and immigration

The Union List originally contained 97 items, though certain changes have been made through constitutional amendments. The exclusivity of Parliament’s power ensures that matters affecting the nation as a whole are dealt with centrally, promoting unity and coherence in policy.

Clause (2): The Concurrent List

Clause (2) empowers both Parliament and State Legislatures to make laws on matters enumerated in List III (the Concurrent List). This list represents areas where cooperative federalism is required, and both levels of government share legislative responsibility.
Examples of subjects in the Concurrent List include:

• Criminal law and procedure
• Marriage and divorce
• Bankruptcy and insolvency
• Education
• Forests and protection of wildlife
• Labour welfare and trade unions

In the event of a conflict between Union and State laws on a concurrent subject, the law made by Parliament prevails, as stated in Article 254. However, if a State law has received the President’s assent, it may operate within that State even if inconsistent with the central law, unless Parliament subsequently enacts a new law overriding it.
This provision allows flexibility while maintaining the supremacy of Parliament in cases of national importance.

Clause (3): The State List

Clause (3) provides that State Legislatures have exclusive authority to make laws on matters enumerated in List II (the State List) of the Seventh Schedule. These subjects are primarily of local or regional importance, allowing States to legislate based on their specific needs and circumstances.
Examples include:

• Police and public order
• Public health and sanitation
• Agriculture and irrigation
• Local government and municipal administration
• Land, land revenue, and fisheries

The State List originally contained 66 subjects. State autonomy under this clause is an essential feature of Indian federalism. However, the power of the States is subject to certain constitutional limitations, especially in cases of national emergency (Article 352), failure of constitutional machinery (Article 356), or Parliamentary legislation for national interest (Article 249), when Parliament may temporarily legislate on State subjects.

Clause (4): Legislation for Union Territories

Clause (4) of Article 246 clarifies that Parliament has power to make laws for any territory not included in a State, even on matters enumerated in the State List. This applies primarily to Union Territories, which are directly governed by the Union Government.
This clause ensures legislative uniformity and effective administration in areas not having their own legislatures, such as Ladakh, Chandigarh, and the Andaman and Nicobar Islands.

Judicial Interpretation

Several Supreme Court decisions have elaborated on the interpretation and application of Article 246, particularly regarding conflicts between Union and State laws and the limits of legislative competence.

• State of West Bengal v. Union of India (1963): The Court upheld the supremacy of Parliament in matters listed in the Union List and reinforced the principle of Union predominance in case of conflict.
• Keshavananda Bharati v. State of Kerala (1973): The Court recognised that legislative powers under Article 246 are subject to the basic structure of the Constitution, meaning that federal balance cannot be destroyed.
• Minerva Mills Ltd. v. Union of India (1980): Reaffirmed the need to maintain harmony between Parliament and State Legislatures, upholding the equilibrium of legislative powers.
• M.C. Mehta v. Union of India (1987): Addressed the scope of legislative powers regarding environmental protection, an area covered by both the Union and Concurrent Lists.

These cases collectively highlight that while Parliament enjoys broader legislative authority, the States retain substantial autonomy within their constitutional sphere.

Relationship with Other Constitutional Provisions

Article 246 must be read alongside other key provisions that regulate legislative powers and resolve potential conflicts:

• Article 245 defines the territorial extent of legislative powers.
• Article 247 empowers Parliament to establish additional courts for better administration of laws.
• Article 248 vests residuary powers (subjects not enumerated in any list) in Parliament.
• Article 249–252 allow Parliament to legislate on State List subjects under special circumstances, such as national interest or inter-State agreements.

Together, these provisions ensure flexibility and adaptability in the constitutional framework.

Significance in Federal Governance

Article 246 serves as the backbone of India’s federal legislative structure. It ensures clarity in law-making responsibilities, thereby reducing jurisdictional disputes and promoting administrative efficiency. By distributing subjects among three lists, the Article establishes a system that balances national unity with regional diversity.
Its significance can be summarised as follows:

• Defines legislative competence of the Union and the States.
• Maintains federal equilibrium by demarcating powers.
• Prevents legislative conflicts through a structured framework.
• Supports cooperative federalism by allowing joint action in concurrent matters.
• Preserves constitutional supremacy by ensuring that all laws conform to constitutional principles and fundamental rights.

Amendments and Evolution

Over the years, Article 246 and the Seventh Schedule have undergone modifications to reflect changing administrative and developmental needs. The most notable changes include:

• The 42nd Amendment Act (1976), which transferred certain subjects like education, forests, and weights and measures from the State List to the Concurrent List, thereby strengthening the Union’s legislative capacity.
• The 73rd and 74th Constitutional Amendments (1992), which introduced local self-government institutions (Panchayats and Municipalities), indirectly influencing the legislative distribution by promoting decentralisation of power to the grassroots.

These amendments underscore the dynamic nature of India’s federalism, adapting to evolving governance requirements.