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.
- 4.
The Concurrent List contains subjects over which both the Parliament and the State legislatures can make laws. These include matters such as criminal law, civil procedure, marriage and divorce, economic and social planning, and education. However, if a State law conflicts with a Union law on a subject in the Concurrent List, the Union law prevails, showcasing the principle of Union supremacy.
- 5.
If a subject is not mentioned in any of the three lists, it falls under the residuary powers of legislation, which, according to Article 248, are vested in the Parliament. This means that the Union government has the power to make laws on subjects that were not foreseen when the Constitution was drafted, such as cybersecurity or artificial intelligence.
- 6.
The article provides a mechanism for resolving conflicts between Union and State laws. In general, the principle of repugnancy applies, meaning that if a State law is inconsistent with a Union law, the Union law will prevail to the extent of the inconsistency. This ensures uniformity and coherence in the legal system.
- 7.
While the State legislatures have the power to make laws on subjects in the State List, the Parliament can also make laws on these subjects under certain circumstances, such as during a national emergency declared under Article 352 or when two or more States request the Parliament to make a law on a State List subject under Article 252.
- 8.
The distribution of legislative powers under Article 246 is not static. Over time, the interpretation of the lists and the scope of Union and State powers have evolved through judicial pronouncements and constitutional amendments. For example, the 42nd Amendment Act of 1976 transferred certain subjects from the State List to the Concurrent List, increasing the legislative power of the Union.
- 9.
The Goods and Services Tax (GST) is a prime example of how Article 246 operates in practice. The GST Council, established under Article 279A, is a constitutional body that makes recommendations on GST-related matters. Both the Union and the States have the power to levy GST, but the rates and procedures are harmonized through the GST Council, promoting cooperative federalism.
- 10.
One area of ongoing debate is the extent to which the Union government can encroach upon the legislative domain of the States through the use of central laws and centrally sponsored schemes. Some argue that this undermines the autonomy of the States and distorts the federal balance, while others contend that it is necessary to address national priorities and ensure uniform development.
- 11.
The UPSC often tests candidates' understanding of Article 246 by asking questions about the distribution of legislative powers, the scope of the Union and State Lists, the doctrine of repugnancy, and the role of the judiciary in interpreting the article. Candidates should be prepared to analyze hypothetical scenarios and apply the principles of federalism to real-world situations.
Recent Developments
5 developmentsIn 2023, the Supreme Court in *State of Punjab v Principal Secretary to the Governor of Punjab* held that the Governor is bound by the phrase “as soon as possible” mentioned in Article 200, signifying the need for expediency of gubernatorial action on bills.
In 2025, the Supreme Court in *State of Tamil Nadu v The Governor of Tamil Nadu* held that the Governor is generally bound by the aid and advice of the Council of Ministers in reserving a bill for the assent of the President, barring a few exceptions.
Also in 2025, the President referred fourteen questions to the Supreme Court, most of which dealt with the matters already resolved by the Tamil Nadu judgment, highlighting ongoing tensions regarding the interpretation of gubernatorial powers.
In 2026, there are ongoing debates about the balance of power between Hindi and non-Hindi states, with suggestions for a guarantee of non-imposition of the Hindi language and a freeze on political representation as it stood in 1971.
Several states have raised concerns about the increasing centralization of power and the Union government's encroachment on state subjects like health and agriculture, leading to calls for a constitutional reset and greater state autonomy.
This Concept in News
1 topicsFrequently 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.
3. How does the principle of 'repugnancy' under Article 246 actually work in practice? Give a real-world example.
The principle of repugnancy means that if a State law conflicts with a Union law on a subject in the Concurrent List, the Union law prevails. For example, in the past, some states amended criminal procedure codes in ways that contradicted the central Criminal Procedure Code (CrPC). The Union law (CrPC) would then take precedence, and the state amendments would be rendered invalid to the extent of the inconsistency.
4. What are the exceptions to the general rule that States have exclusive power over subjects in the State List?
There are several exceptions: answerPoints: * During a national emergency declared under Article 352, Parliament can legislate on State List subjects. * Under Article 252, if two or more States request Parliament to make a law on a State List subject, Parliament can do so. This law then applies only to those states, but other states can adopt it later. * Parliament can also legislate on State List subjects to implement international agreements.
5. The 42nd Amendment Act of 1976 transferred some subjects from the State List to the Concurrent List. Why was this controversial, and what was the impact?
It was controversial because it was seen as a move towards greater centralization of power in the Union government, eroding the autonomy of the States. The impact was that the Union gained more legislative power over subjects like education, forests, and protection of wild animals and birds, which were previously primarily the domain of the States. This shift altered the balance of power in the federal structure.
6. What is the strongest argument critics make against Article 246, and how would you respond to it?
Critics argue that the Union List is too extensive, giving the Union government excessive power and undermining the principle of federalism. They point to the residuary powers vested in the Union under Article 248 as further evidence of this imbalance. In response, one could argue that a strong Union is necessary for national unity and effective governance, especially in a diverse country like India. The Union List contains subjects of national importance, and the Union's power to legislate on these matters ensures uniformity and coherence across the country. However, there is a need for constant dialogue and adjustments to ensure that the balance between Union and State powers remains fair and equitable.
7. How has the interpretation of Article 246 evolved through judicial pronouncements over the years?
Initially, the courts leaned towards a more centralized interpretation, but over time, there's been a greater emphasis on cooperative federalism and respecting the legislative competence of the States. Landmark cases have clarified the scope of the Concurrent List and the application of the repugnancy principle. Recent judgments, like those concerning the Governor's role, also indirectly impact the interpretation of Article 246 by affecting the legislative process.
8. In an MCQ, what's the one-line distinction between Article 246 and Article 245?
Article 246 defines *which* level of government (Union or State) can legislate on *which* subjects, while Article 245 defines the *extent* (territorial jurisdiction) of the laws made by each.
9. Several states are calling for a 'constitutional reset' and greater state autonomy. How does Article 246 relate to this demand?
The demand for a 'constitutional reset' often involves calls for re-examining the distribution of legislative powers under Article 246. States argue that the Union government has been encroaching on their legislative domain, particularly in areas like health, agriculture, and education, through centrally sponsored schemes and broad interpretations of the Union and Concurrent Lists. They seek a more balanced distribution of powers and greater fiscal autonomy to effectively address local needs and priorities.
10. How should India reform or strengthen Article 246 going forward, considering the increasing complexities of governance?
There are several perspectives: answerPoints: * Strengthening Cooperative Federalism: Establishing permanent inter-state councils and promoting greater consultation between the Union and States on legislative matters. * Re-evaluating the Lists: A commission could be formed to re-examine the Union, State, and Concurrent Lists to reflect contemporary realities and address concerns about encroachment on State subjects. * Fiscal Federalism: Enhancing the financial resources available to States to enable them to effectively discharge their responsibilities under the State List. This could involve increasing the share of tax revenue devolved to the States.
11. Article 246 is often tested in conjunction with Article 252. What's the key difference UPSC expects you to know?
Article 246 is the general provision for the distribution of legislative powers. Article 252 is a specific exception: it allows Parliament to legislate on a State List subject *if* two or more states request it. The law made under Article 252 only applies to the states that requested it (initially) and any other state that adopts it later.
12. What recent developments (2023-2026) highlight ongoing tensions related to Article 246 and federalism in India?
The Supreme Court cases involving the Governors of Punjab and Tamil Nadu (2023, 2025) showcase tensions regarding the balance of power between the Union and States. These cases revolved around the Governor's role in assenting to or reserving bills, highlighting differing interpretations of constitutional provisions and concerns about the Union government's influence over state legislation. Also, debates about language policy and representation reflect underlying concerns about centralization and regional autonomy.