Constitution Section 246 — Subject-matter of laws made by Parliament and by the Legislatures of States
Part XI — RELATIONS BETWEEN THE UNION AND THE STATES — Distribution of Legislative Powers
Constitutional
Summary
Parliament has the sole authority to make laws on any subject listed in the Union List, even if that subject also appears in the State List or Concurrent List. Both Parliament and state legislatures can make laws on subjects in the Concurrent List, but if there is a conflict, Parliament’s law will prevail. State legislatures have the exclusive power to make laws on subjects in the State List for their own state, but this is subject to Parliament’s powers over the Union and Concurrent Lists. Additionally, Parliament can make laws on any subject—even those normally reserved for states—for any part of India that is not within a state, such as a union territory.
Official Text
(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 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 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 in a State notwithstanding that such matter is a matter enumerated in the State List.