The 7th schedule of the Indian constitution on the subject of the division of powers between the union and the states is defined under Article 246. Article 246 specifies the functions of union and state legislatures. It is divided into three parts: the Union List, the State List, and the Concurrent List. The Union list consists of 100 subjects, of which the government of the central works. The state List enumerates a total of 61 subjects while the concurrent list consists of 52 subjects.
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1)The Union List
The Central or the Union government has the supreme authority to make decisions under 100 subjects, so the parliament of India or the Union government can make decisions under these 100 subjects. The subjects such as postal service, defense, atomic energy, foreign affairs, railways, and banking, come under the Union List. As the union list consists of more subjects than the state, it is stronger in comparison to the state. It consists of more subjects than the remaining two lists. The government in the center has all the authority to make important decisions for the country. The union government has also the supremacy to precede over the state government if there is any event of a dispute. The central government has also the power to impose duties on the state, the law passed by the parliament by the central government has the ability to confer power on the state.
Among all the 100 subjects, the Union government has 15 such subjects, they have the sole authority to impose taxes. A new subject named as 88th amendment, Taxes on Service is added to the Union Subject List. The union list can be extended by the parliament by the judgment of the Supreme Court, the Supreme Court has the power to Expand it.
2) The State List
The state council has 61 subjects on which the state government has the authority to make decisions for the betterment of any particular state. The state government can take action on subjects like state public services, prisons, fisheries, agriculture and education research, and public orders. The state government also has the authority to look over the production, manufacture, transport, and purchase of intoxicating liquors. They can also take action regarding the ban on liquor and any kind of intoxicating drug that is harmful to the health of citizens. The state legislature is the one that makes all the laws in the state but sometimes in some serious circumstances, the central government has to intervene in the state for the betterment of people. Any particular law that is passed by any state government will only be imposed in that state only, if any other state wants that particular law they can adopt the law by passing the same resolution.
Any particular law that is imposed in the state can only be enacted by the law and order of parliament; the state government has no authority to enact that law. The state government is blessed with the authority to manage important regional and local matters. They are right to look after the people of their state and their needs. Among a total of 61 subjects, the state government has 20 such subjects on which they have the sole authority to impose taxes without any interference from the central government. The three subjects in the state list: public order, police, and land, are totally in control of the state government. The central government can interfere on the subject list of the state government only under three circumstances, first only when the Rajya Sabha passes any resolution, second under Article 250 when there is any National emergency then the central government can interfere in the subject list of state government. The third one is when two or more states pass the same resolution, and only the central government can interfere.
3) The Concurrent List
The concurrent list has 52 subjects on which the central government and the state government can both look after. Some subjects that are particularly specified by the constitution of India like Population Control, Trade Unions, Criminal Law, Family Planning, Preventive Detentions, Industrial and Labour Disputes, and the Protection of wild Animals and Birds come under the concurrent list. According to the 42nd Amendment Act of 1976, five subjects from the State List have moved to the Concurrent List, which is Education, Weights and measures, Forests, Wild Animal and Bird Protection as well as the administration of justice, an organization of all courts except the Supreme Court and the High Court comes under the Concurrent List.
The totally different concept of Concurrent List, which is in the Indian constitution was taken from the Australian constitution, in which both the central government as well as the state government can give their opinion. Both the state government and Central Government can have the authority to legislate on the subjects of concurrent lists but if there is any matter of conflict the law made by the Delhi government will be imposed. There are three subjects in the concurrent list on which both the Delhi government and the state government have the authority to impose taxes.
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Conclusion
The Indian Constitution is divided into three lists, the union parliament has the sole power to look after any matter that is related to the state also in some serious circumstances. Since 1950 various amendments have also been made in the 7th schedule of the constitution for the betterment of the nation and to strengthen the structure of the country.