What is Division of Powers?
Historical Background
Key Points
12 points- 1.
The Union List contains 98 subjects (originally 97) on which the Parliament has exclusive power to make laws. These include defense, foreign affairs, banking, currency, and communications.
- 2.
The State List contains 59 subjects (originally 66) on which the state legislatures have exclusive power to make laws. These include public order, police, local government, public health, and agriculture.
- 3.
The Concurrent List contains 52 subjects (originally 47) on which both the Parliament and the state legislatures can make laws. These include criminal law, civil procedure, marriage and divorce, economic and social planning, and education.
- 4.
In case of a conflict between a law made by the Parliament and a law made by a state legislature on a subject in the Concurrent List, the law made by the Parliament prevails. This is based on the principle of parliamentary supremacy.
Visual Insights
Division of Powers: Union List vs. State List vs. Concurrent List
This table compares the Union List, State List, and Concurrent List, outlining their key features and subjects.
| Union List | State List | Concurrent List |
|---|---|---|
| Contains 98 subjects (originally 97) on which the Parliament has exclusive power to make laws. | Contains 59 subjects (originally 66) on which the state legislatures have exclusive power to make laws. | Contains 52 subjects (originally 47) on which both the Parliament and the state legislatures can make laws. |
| Includes defense, foreign affairs, banking, currency, and communications. | Includes public order, police, local government, public health, and agriculture. | Includes criminal law, civil procedure, marriage and divorce, economic and social planning, and education. |
| Parliamentary supremacy: In case of conflict, the law made by the Parliament prevails. | State legislatures have exclusive power within their domain. | In case of conflict, the law made by the Parliament prevails. |
Recent Real-World Examples
1 examplesIllustrated in 1 real-world examples from Feb 2026 to Feb 2026
Source Topic
Rebalancing Indian Federalism: A Call for Structural Reset and State Autonomy
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
121. What is the Division of Powers and its constitutional basis in India?
The Division of Powers is the distribution of governmental authority and responsibilities between the central (Union) government and the state governments. This division is designed to prevent over-centralization and ensure governance is responsive to local needs. Article 1 declares India as a Union of States, and Part XI (Articles 245-263) along with the Seventh Schedule, outlines this division.
Exam Tip
Remember Article 1, Part XI, and the Seventh Schedule are key for understanding the constitutional basis.
2. What are the key provisions related to the Division of Powers in the Indian Constitution?
The key provisions are defined by the three lists: the Union List, the State List, and the Concurrent List. Article 246 deals with the subject matter of laws made by the Parliament and the Legislatures of States. In case of conflict on a subject in the Concurrent List, the law made by the Parliament prevails.
- •Union List: Parliament has exclusive power to make laws (98 subjects).
