The Constitution of India
Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States
(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” (referred as the Union List)
(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in ‘List-III’ in the “Seventh Schedule” (referred as the Concurrent List)
(3) Subject to clauses (1) and (2), the legislature of any State 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” (referred 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 (in a State) notwithstanding that such matter is a matter
enumerated in the State List.
LIST II—STATE LIST
- Public order (but not including 1[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).
1 2. Police (including railway and village police) subject to the provisions of entry 2A of List I.
- 2[***] Officers and servants of the High Courts; procedure in rent and revenue courts; fees taken in all courts except the Supreme Court.
- Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements which other States for the use of prisons and other institutions.
- Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self government or village administration.
- Public health and sanitation; hospitals and dispensaries.
- Pilgrimages, other than pilgrimages to places outside India.
- Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
- Relief of the disabled and unemployable.
- Burials and burial grounds; cremations and cremation grounds.
- Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those 4[declared by or under law made by Parliament] to be of national importance.
- Communications, that is to say, roads, bridges, ferries, and other means of communication not specified in List I; municipal tramways; roadways; inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles.
- Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
- Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
- Pounds and the prevention of cattle trespass.
- 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.
- Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement; and agricultural loans; colonization.
- Courts of wards subject to the provisions of entry 34 of List I; encumbered and attached estates.
- 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.
- Industries subject to the provisions of 6[entries 7 and 52] of List I.
- Gas and gas works.
- Trade and commerce within the State subject to the provisions of entry 33 of List III
- Production, supply and distribution of goods subject to the provisions of entry 33 of List III.
- Markets and fairs.
- Money lending and money-lenders; relief of agricultural indebtedness.
- Inns and Inn-keepers.
- Incorporation, regulation and winding up of corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies.
- Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I, sports, entertainments and amusements.
- Betting and gambling.
- Works, lands and buildings vested in or in the possession of the State.
- Elections to the Legislature of the State subject to the provisions of any law made by Parliament.
- Salaries and allowances of members of the Legislature of 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.
- 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.
- Salaries and allowances of Ministers for the State.
- State public services; State Public Service Commission.
- State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.
- Public debt of the State.
- Treasure trove.
- Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
- Taxes on agricultural income.
- Duties in respect of succession to agricultural land.
- Estate duty in respect of agricultural land.
- Taxes on lands and buildings.
- Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
- 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.
- Taxes on entry of goods into a local area for consumption, use or sale therein.
- Taxes on the consumption or sale of electricity.
954. Taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92A ofList I.
- Taxes on advertisements other than advertisements published in the newspapers 10[and advertisements broadcast by radio or television].
- Taxes on goods and passengers carried by road or on inland waterways.
- Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of List III.
- Taxes on animals and boats.
- Taxes on professions, trades, callings and employments.
- Capitation taxes.
- Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
- Rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
- Offences against laws with respect to any of the matters in this List.
- Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
- Fees in respect of any of the matters in this List, but not including fees taken in any court.
1. Substituted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.
2. Omitted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.
3.Omitted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.
4.Substituted for “declared by Parliament by law” by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
5.Omitted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.
6. Substituted for “entry 52” by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
7.Entry 29 omitted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 1-3-1977.
8. Entry 36 omitted by the Constitution (Seventh Amendment) Act, 1956, w.e.f. 1-11-1956.
9.Substituted by the Constitution (Sixth Amendment) Act, 1956, w.e.f. 11-9-1956.
10. Inserted by the Constitution (Forty-second Amendment) Act, 1976, w.e.f. 3-1-1977.