Federal features: the Union, the States and the three Lists
Laws in India are made both for the whole country and for each State. NCERT points out that the Constitution "does not even mention the word federation"; Article 1 calls India "a Union of States". In this lesson you will see how the Constitution divides law-making power with Article 246 and the three Lists of the Seventh Schedule, who gets the subjects that no List names (Article 248, the residuary powers), and which law shall prevail when a Union law and a State law clash (Article 254).
Guess first
Before the details, guess how Article 1 describes India, that is Bharat.
Guess first: Article 1 says "India, that is Bharat, shall be" what?
Show answer
Correct answer: A
Article 1(1): "India, that is Bharat, shall be a Union of States."
Option B: NCERT notes that the Constitution "does not even mention the word federation".
Option C: These are the words of the Preamble, not of Article 1.
Option D: The Union List is List I of the Seventh Schedule, under Article 246.
Hint: The answer names both the Union and the States.
An everyday picture
Think of a housing society with flats.
The three Lists work like the rules of a housing society:
Society-wide matters, decided only by the society committee Union List (List I)
Parliament alone makes the law
Matters inside each flat, decided by the family State List (List II)
the State Legislature makes the law
Shared matters, where both may decide Concurrent List (List III)
Parliament and the State Legislature both may make laws
Anything nobody wrote down residuary powers (Article 248)
Parliament makes the law
The picture has one limit: in a housing society, a clash is settled however the society decides. Under Article 254, on a Concurrent List matter, the law of Parliament "shall prevail" over a repugnant State law.
See it: who makes laws on what
flowchart TD S["Seventh Schedule (Article 246)"] --> U["List I: Union List: Parliament alone"] S --> T["List II: State List: the State Legislature"] S --> C["List III: Concurrent List: both"] R["Matters in no List (Article 248)"] --> P["Parliament: residuary powers"]
NCERT gives examples from each List:
| List | NCERT's examples | Who makes the law |
|---|---|---|
| Union List | defence, atomic energy, foreign affairs, banking, railways | Parliament, exclusively (Article 246(1)) |
| State List | agriculture, police, prison, local government | the State Legislature, exclusively (Article 246(3)) |
| Concurrent List | education, forests, trade unions | both Parliament and the State Legislature (Article 246(2)) |
| Residuary powers | cyber laws | Parliament (Article 248) |
I for India, II for the States, III for both: List I is the Union List, List II the State List, List III the Concurrent List.
Find the rule
Three quick checks on the Lists.
NCERT gives police as an example of a subject in which List?
Show answer
Correct answer: B
NCERT's box lists "Agriculture", "Police", "Prison" and "Local Government" under the State List.
Option A: NCERT's Union List examples are subjects such as defence, foreign affairs and railways.
Option C: NCERT's Concurrent List examples are subjects such as education, forests and trade unions.
Option D: NCERT's example of residuary powers is cyber laws.
Hint: Police is managed by each State.
Under Article 246(3), who has exclusive power to make laws on the matters in List II, the State List?
Show answer
Correct answer: B
Article 246(3): "the Legislature of any State" has "exclusive power to make laws for such State or any part thereof" on the matters in List II, the "State List".
Option A: Parliament has exclusive power over List I, the Union List (Article 246(1)).
Option C: The President is a part of Parliament (Article 79), but Article 246(3) gives the power to the State Legislature.
Option D: The Supreme Court decides cases; it does not make the laws on List II.
Hint: The State List belongs to the State.
Which article gives Parliament the residuary powers of legislation?
Show answer
Correct answer: C
Article 248, "Residuary powers of legislation": Parliament has exclusive power to make any law on "any matter not enumerated in the Concurrent List or State List".
Option A: Article 246 divides the matters of the three Lists of the Seventh Schedule.
Option B: Article 254 settles a clash between a law of Parliament and a State law.
Option D: Article 245 is the extent of laws: for the whole or any part of India or of a State.
Hint: It comes soon after Article 246, which names the Lists.
Name it: a Union of States with a strong centre
The rule: Article 246 shares law-making through the Seventh Schedule: List I for Parliament, List II for the States, List III for both. Article 248 gives Parliament the residuary matters, which no List names. On a Concurrent List matter, Parliament's law prevails over a repugnant State law (Article 254).
NCERT: "It is generally accepted that the Indian Constitution has created a strong central government." Its table of borrowed features links the idea of "Residual Powers" to the Canadian Constitution.
Worked, half-done, solo
Question
A new kind of online crime needs a law, and no List of the Seventh Schedule names it. Who can make that law?
Solution
- Check the three Lists
Article 246 covers only the matters enumerated in List I, List II and List III.
- Find the rule for everything else
Article 248: Parliament has exclusive power to make any law on "any matter not enumerated in the Concurrent List or State List".
- Match NCERT's example
NCERT's example of residuary powers is cyber laws: "Union Legislature alone has the power to legislate on such matters".
Answer: Parliament, under Article 248 (residuary powers).
Watch out: residuary powers go to Parliament, not to the States.
Now finish one that is half done.
Half done: Education is in the Concurrent List, so both Parliament and a State may make laws on it. Suppose a State law on education is repugnant to a law of Parliament on the same matter. Which article says that the law made by Parliament "shall prevail"?
Show answer
Correct answer: A
Article 254(1): on a Concurrent List matter, the law made by Parliament "shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void" (subject to clause (2)).
Option B: Article 248 is about matters in no List, the residuary powers.
Option C: Article 246 shares out the matters of the three Lists; it does not settle a clash.
Option D: Article 245 is the extent of laws.
Hint: Look for the article titled "Inconsistency between laws made by Parliament and laws made by the Legislatures of States".
And one on your own.
NCERT gives cyber laws as an example of which kind of law-making power?
Show answer
Correct answer: D
NCERT: "Residuary Powers Include all other matters not mentioned in any of the Lists", with "Cyber Laws" as the example; the Union Legislature alone has that power.
Option A: NCERT's Union List examples are defence, foreign affairs, banking and railways.
Option B: NCERT's State List examples are agriculture, police, prison and local government.
Option C: NCERT's Concurrent List examples are education, forests and trade unions.
Hint: Cyber laws are not in any of NCERT's three List boxes.
The traps
- Federation or Union: Article 1 says "a Union of States"; NCERT notes the word federation is not used.
- List numbers: List I is the Union List, List II the State List, List III the Concurrent List. Do not mix up II and III.
- Residuary powers: they go to Parliament (Article 248), not to the States.
- A clash on a Concurrent List matter: the law of Parliament prevails (Article 254), subject to clause (2).
Neha wrote: "India took the idea of residuary powers from the American Constitution." Which constitution does NCERT's table link with the idea of residual powers?
Show answer
Correct answer: A
NCERT's table of borrowed features lists the "Canadian Constitution" with "A quasi-federal form of government" and "The idea of Residual Powers".
Option B: NCERT links the United States Constitution to the Charter of Fundamental Rights.
Option C: NCERT links the British Constitution to features such as first past the post.
Option D: NCERT links the Irish Constitution to the Directive Principles of State Policy.
Hint: The same country gives India its quasi-federal form of government in NCERT's table.
Mixed check
Article 40 asks the State to organise village panchayats. In NCERT's box of the Lists, local government is an example of which List?
Show answer
Correct answer: C
NCERT's box puts "Local Government" among the State List examples, with agriculture, police and prison.
Option A: NCERT's Union List examples are defence, foreign affairs, banking and railways.
Option B: NCERT's Concurrent List examples are education, forests and trade unions.
Option D: NCERT's residuary example is cyber laws.
Hint: Panchayats work inside each State.
Quick reference
Federal features: Article 1, Articles 245 to 254, Seventh Schedule
- Article 1
- India, that is Bharat "a Union of States"; NCERT: the word federation is not used
- Article 245
- extent of laws Parliament for India; a State Legislature for its State
- Article 246(1)
- List I, Union List Parliament alone (NCERT examples: defence, railways)
- Article 246(2)
- List III, Concurrent List both (NCERT examples: education, forests)
- Article 246(3)
- List II, State List the State Legislature alone (NCERT examples: police, agriculture)
- Article 248
- residuary powers Parliament (NCERT example: cyber laws)
- Article 254(1)
- clash on a Concurrent List matter Parliament's law prevails, subject to clause (2)
- NCERT
- a strong central government residual powers: the Canadian Constitution
Why it works: the Lists share out law-making, and the rules for leftovers and clashes lean towards the Union.
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