Subject-matter of laws made by Parliament and by the Legislatures of States

Article 217, Draft Constitution 1948

(1) Notwithstanding anything in the two next succeeding clauses, 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 the next succeeding clause, Parliament and, subject to the preceding clause, the Legislature of any State for the time being specified in Part I of the First Schedule 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 the two preceding clauses, the Legislature of any State for the time being specified in Part I of the First Schedule 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 for the time being in Part I or Part III of the First Schedule notwithstanding that such matter is a matter enumerated in the State List.

Article 246, Constitution of India 1950

(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 specified in Part A or Part B of the First Schedule 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 specified in Part A or Part B of the First Schedule 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 Part A or Part B of the First Schedule notwithstanding that such matter is a matter enumerated in the State List.

Draft Article 217 (Article 246, Constitution of India, 1950) was debated on 13 June 1949. It chalked out the federal structure of India by defining the scope of the Union Parliament’s and the State Legislatures’ power to make laws. The Union Parliament could make laws on subjects mentioned in the Union List, while the State Legislatures could make laws on subjects mentioned in the State List. Both the Union Parliament and the State legislature were given the joint power to make laws on subjects mentioned in the Concurrent List. Further, the Union Parliament was given the power to laws on subjects that were not mentioned in any of the three lists.

The debate was a rather short one: only one member made a substantive intervention. This member was not happy with how the Draft Article’s clauses were ordered. He proposed an amendment to swap the positions of Clauses 2 and 3. The resulting form of the Draft Article was more logical, he claimed. Further, the member wanted the Draft Article to say that the Union Parliament’s and the State Legislatures’ power to legislate would extend to matters that were essential for the effective exercise of matters already assigned to them in the three lists.  There were no substantive responses to these interventions and the Assembly rejected related amendments.

The Assembly then adopted the Draft Article on 13 June 1949 with some minor amendments.