Home The Constitution Part XI Article 246

Art. 246 Part XI: Relations Between the Union and the States

Subject-Matter of Laws Made by Parliament and by the Legislatures of States

Exact text — Constitution of India

(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 (the 'Union List'). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (the 'Concurrent List'). (3) Subject to clauses (1) and (2), the Legislature of any State 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 (the 'State List').

In Plain English

What this Article actually means

This is the master division-of-powers Article — it distributes law-making authority across three Lists in the Seventh Schedule: the Union List (Parliament's exclusive domain, like defence and foreign affairs), the State List (states' exclusive domain, like police and public health), and the Concurrent List (both can legislate, like education and criminal law), with Parliament's law prevailing in case of genuine conflict on Concurrent List subjects.

Why This Matters To You

How it shows up in everyday life

Nearly every question about 'can the central government or my state government legislate on this?' traces back to this Article — understanding which List a subject falls under (Union, State, or Concurrent) tells you who has the power to make that law.

Landmark Cases

How courts have interpreted this Article

State of West Bengal v. Union of IndiaAIR 1963 SC 1241 — Confirmed the Union's generally stronger position in India's federal structure, including its power to acquire state property for Union purposes without the state's consent — illustrating the 'Union-favouring' tilt built into India's federal design. Verify this case

Read alongside this one

Art. 246a — Special Provision for GST Art. 248 — Residuary Powers of Legislation

Frequently Asked

Quick answers about Article 246

What happens if a subject isn't listed in any of the three Lists?

It falls to Parliament's 'residuary power' under Article 248 — anything not enumerated in the Union, State, or Concurrent Lists automatically belongs to Parliament's law-making domain.

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The text above reproduces Article 246 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.