What is Article 246?
Historical Background
Key Points
11 points- 1.
The article operates in conjunction with the Seventh Schedule of the Constitution, which contains three lists: the Union List, the State List, and the Concurrent List. These lists enumerate the subjects on which the Union and State legislatures can make laws.
- 2.
The Union List contains subjects over which the Parliament has exclusive power to make laws. These typically include matters of national importance such as defense, foreign affairs, banking, currency, and communications. For example, only the Union government can legislate on matters related to the Reserve Bank of India or the Indian Army.
- 3.
The State List contains subjects over which the State legislatures generally have the power to make laws. These include matters of regional or local importance such as public order, police, public health, sanitation, agriculture, and local government. For instance, laws regarding land revenue or local elections are typically made by the State legislature.
Visual Insights
Article 246: Division of Legislative Powers
This mind map breaks down Article 246, explaining the three legislative lists and the principles governing the division of powers between the Union and State governments.
Article 246: Legislative Power Division
- ●Core Principle: Division of Powers
- ●Key Interpretive Principles
- ●Residuary Powers
- ●Exceptions & Overriding Powers
Recent Real-World Examples
4 examplesIllustrated in 4 real-world examples from Feb 2026 to Apr 2026
Source Topic
SC Judge Reaffirms Federalism: Centre Must Treat States as Equals
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
121. What's the most common MCQ trap related to the lists under the Seventh Schedule and Article 246?
The most common trap is misattributing subjects to the wrong list. For example, examiners might ask if 'economic and social planning' falls exclusively under the Union List, when it's actually in the Concurrent List. They exploit the assumption that subjects of national importance are always Union subjects.
Exam Tip
Always double-check subjects that seem 'national' but have a socio-economic aspect; they often fall under the Concurrent List.
2. Article 246 distributes legislative power. What problem does it solve that no other constitutional mechanism could?
Article 246, in conjunction with the Seventh Schedule, prevents legislative gridlock and jurisdictional conflicts between the Union and States. Without it, both could legislate on the same subjects, leading to contradictory laws and administrative chaos. It provides a clear, pre-defined division of responsibilities, fostering a functional federal system. Other mechanisms might address conflict resolution *after* it arises, but Article 246 aims to prevent it in the first place.
