As per provisions of the Constitution of India, which one of the following is correct?

Correct — B, Both Parliament and State Legislatures have the power to legislate over a subject under the Concurrent List. That is the definition of the list. Article 246(2) gives Parliament power over Concurrent List matters and Article 246(3) leaves the States with power over the same list, subject to the Union's. Where both have legislated and the two laws conflict, Article 254 resolves it — the Union law prevails and the State law is void to the extent of the repugnancy, unless the State law was reserved for the President's consideration and received his assent, in which case it prevails within that State, and Parliament may still override it afterwards.

• (a)Only Parliament has the power to legislate over a subject under the Concurrent List — That describes the Union List, not the Concurrent List. If Parliament alone could legislate on these subjects, there would be no reason for the list to exist separately.
• (c)A legislation made under the Concurrent List by Parliament should be ratified by half of the State Legislatures so as to become a law of the country — Ratification by half the State Legislatures is a requirement of the constitutional amendment procedure under the proviso to Article 368(2), for amendments touching the federal structure. It has nothing to do with ordinary legislation on the Concurrent List.
• (d)Only State Legislatures are empowered to make laws under Concurrent List — That describes the State List. Concurrent means shared, which is exactly what this option denies.

The Seventh Schedule divides legislative subjects into three lists. The Union List holds subjects of national importance — defence, foreign affairs, currency, railways, banking. The State List holds subjects of local importance — public order, police, public health, agriculture, land. The Concurrent List holds subjects on which both levels have a legitimate interest, such as criminal law, marriage and divorce, contracts, bankruptcy, trusts, economic and social planning, education and forests. Residuary powers, over anything not listed, belong to Parliament under Article 248.

The Concurrent List began with forty-seven entries and now has fifty-two. The five that were added came from the State List through the Forty-second Amendment of 1976 — education, forests, weights and measures, the protection of wild animals and birds, and the administration of justice with the constitution and organisation of all courts other than the Supreme Court and the High Courts. That transfer is a useful thing to know for its own sake, because it explains why so much central legislation on education and forests exists. The repugnancy rule in Article 254 is the other half of the topic, and its exception is the one candidates forget — a State law that has received the President's assent can prevail over an earlier Union law inside that State.

• The Seventh Schedule has three lists — Union, State and Concurrent — and Parliament holds the residuary power under Article 248.
• Article 246 gives both Parliament and State Legislatures power over Concurrent List subjects.
• Article 254 makes the Union law prevail on a conflict, unless the State law received the President's assent, in which case it prevails within that State.
• The Concurrent List began with forty-seven entries and now has fifty-two.
• Education, forests, weights and measures, protection of wild animals and birds, and administration of justice were moved from the State List to the Concurrent List by the Forty-second Amendment in 1976.

• Importing the amendment procedure's ratification requirement into ordinary legislation.
• Assuming a Union law always prevails; a State law with presidential assent can survive within that State.
• Forgetting that education and forests are now Concurrent rather than State subjects.

List-and-competence items are usually decided by recognising that two of the options are simply descriptions of the other two lists.

• practice — not a real PYQ

  Residuary powers of legislation under the Constitution of India are vested in

  • (a)the State Legislatures
  • (b)Parliament
  • (c)the President
  • (d)the Inter-State Council

  Answer(b) Parliament — under Article 248, read with entry 97 of the Union List.

• practice — not a real PYQ

  Which one of the following subjects was moved from the State List to the Concurrent List by the Forty-second Amendment?

  • (a)Police
  • (b)Public health
  • (c)Education
  • (d)Agriculture

  Answer(c) Education — along with forests, weights and measures, protection of wild animals and birds, and administration of justice.