CONSTITUTION OF INDIA

 Date of enforcement: The Constitution of India came into force on January 26, 1950.
 Structure: It contains 395 Articles (divided into 22 Parts) and 12 Schedules.
 COI is source of all laws: All our laws derive their authority and force from the Constitution and the
Constitution derives its authority from the people.
 Source of authority: All public authorities – legislative, administrative and judicial derive their powers directly
or indirectly from it and the Constitution derives its authority from the people.

Preamble of COI
 The preamble to the Constitution sets out the aims and aspirations of the people of India.
 The preamble to the Constitution states:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC (S3,DR) and to secure to all its citizens:
(a) JUSTICE,-social, economic and political;
(b) LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to
promote among them all;
(c) FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY THIS TWENTY-SIX DAY OF NOVEMBER, 1949, DO HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.

 It is declared that the Constitution has been given by the people to themselves---- This affirms the republican
character of the polity (constitution) and the sovereignty of the people.
Meaning:
(i) Sovereign signifies that the Republic is externally and internally sovereign i.e. independence all round, within
and without the borders of the country. Legal sovereignty is vested in the people of India and political
sovereignty is distributed between the Union and the States.
(ii) The democratic character means right to vote and elect representatives to the legislature.
(iii) Socialist means social, economic and political justice. The Directive Principles of State Policy, contained in Part
IV of the Constitution are designed for the achievement of the socialistic goal envisaged in the preamble.
(iv) The expression “Democratic Republic” signifies that our government is of the people, by the people and for
the people.

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 Structure of the COI

Whether Constitution of India has federal features or unitary features?

Constitution of India is basically federal but with certain unitary features.
Kesavananda Bharati v. State of Kerala: Federal features form the basic structure of the Indian Constitution.

Federal features of Indian Constitution

The essential features of a Federal Polity or System are:
- dual Government,
- distribution of powers,
- supremacy of the Constitution,
- independence of Judiciary,
- written Constitution, and
- a rigid procedure for the amendment of the Constitution.

Our Constitution possesses all the aforesaid essentials of a federal polity as follows:
(a) In India, there are Governments at different levels, like Union and States.
(b) Powers to make laws have been suitably distributed among them by way of various lists as per the Seventh
Schedule.
(c) Both Union and States have to follow the Constitutional provisions when they make laws.
(d) The Judiciary is independent with regard to judicial matters and judiciary can test the validity of law
independently.
(e) The Supreme Court decides the disputes between the Union and the States, or the States inter se.
(f) The Constitution is supreme and if it is to be amended, it is possible only by following the procedure explained
in Article 368 of the Constitution itself.

Thus, Indian Constitution basically has federal features.

Unitary features of Indian Constitution

Some of the unitary features of Indian Constitution are:

(1) The Mode of Formation: Government of India Act, 1935 set up a federal system by creation of autonomous
units and combining them into a federation by one and the same Act.
 A federal Union, as in the American system, is formed by an agreement between a number of sovereign
and independent States, surrendering a defined part of their sovereignty or autonomy to a new central
organisation.
 But there is an alternative mode of federation, as in the Canadian system where the provinces of a
Unitary State may be transformed into a federal union to make themselves autonomous.
(2) India had a thoroughly Centralised Unitary Constitution until the Government of India Act, 1935 which for the
first time set up a federal system in the manner as in Canada viz., by creation of autonomous units and
combining them into a federation by one under the same Act.
(3) Position of the States: In a federal system, a number of safeguards are provided for the protection of State’s
rights as they are independent before the formation of federation. In India, as the States were not previously
sovereign entities, the rights were exercised mainly by Union, e.g., residuary powers.
(4) Citizenship etc: In India a person requires single citizenship, with no division of public services or of the
judiciary.

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 (5) Residuary Power: Residuary power is vested in the Union.

In other words, the Constitution of India is neither purely federal nor purely unitary.

It is clear that the Indian Constitution basically has federal features. But the Indian Constitution does not establish
two co-ordinate independent Governments. Both the Governments coordinate, co-operate and collaborate in each
other’s efforts to achieve the ideals laid down in the preamble.

FUNDAMENTAL RIGHTS

Art12-13 General

Part III of the Indian Constitution guarantees six categories of fundamental rights. These are:
(i) Right to Equality—Articles 14 to 18;
(ii) Right to Freedom—Articles 19 to 22;
(iii) Right against Exploitation—Articles 23 and 24;
(iv) Right to Freedom of Religion—Articles 25 to 28;
(v) Cultural and Educational Rights—Articles 29 and 30;
(vi) Right to Constitutional Remedies—Articles 32.
(C2,E3,F2)

Note:
(a) Articles 15, 16, 19 and 30 are guaranteed only to citizens.
(b) Articles 14, 20, 21, 22, 23, 25, 27 and 28 are available to any person on the soil of India (citizen or foreigner)
(c) The rights guaranteed by Articles 15, 17, 18, 20, 24 are absolute limitations upon the legislative power.
(d) Earlier the right to property under Article 31 was also guaranteed as a Fundamental Right which has been
removed by the 44th Constitutional Amendment Act, 1978. Now right to property is not a fundamental right, it
is only a legal right under Article 300A.
(e) Articles 12 and 13 deal with definition of ‘State’ and ‘Law’ respectively.
(f) Articles 33 to 35 deal with the general provisions relating to Fundamental Rights.
(g) No fundamental right in India is absolute and reasonable restrictions can be imposed in the interest of the state
by valid legislation and in such case the Court normally would respect the legislative policy behind the same.

With a few exceptions, all the fundamental rights are available against the State.

Definition of State (Article 12)

Under Article 12, unless the context otherwise requires, State includes
- the Government and Parliament of India and
- the Government and the Legislature of each of the States and
- all local or other authorities
o within the territory of India or

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 o under the control of the Government of India.

Note:
- Local authorities include Municipalities, District Boards, Panchayats, Improvement Trusts, Port Trusts and
Mining Settlement Boards, electricity authorities, university, President, Income-tax department. (concluded
from various judicial review)
- Stock Exchange and Board of Control for cricket in India (BCCI) are not an authority or state.
Justifiability of Fundamental Rights
Laws inconsistent with or in derogation of the fundamental rights (Article 13)
There are four parts in this Art 13:

(1) Existing Laws :All laws in force in the territory of India immediately before the commencement of this
Constitution,(Pre-constitutional laws) in so far as they are inconsistent with the fundamental rights, shall, to
the extent of such inconsistency, be void. A declaration by the Court of their invalidity, however, will be
necessary before they can be disregarded and declares that pre-constitution laws are void to the extent to
which they are inconsistent with the fundamental rights. (Article 13(1)
(2) Future Laws: (Article 13(2)) It relates to future laws, i.e., laws made after the commencement of the
Constitution. The State shall not make any law which takes away or abridges(dilute) the fundamental rights
and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) Nothing in this article shall apply to any amendment of this Constitution made under article 368.( Added by
Constitution (Twenty-Fourth Amendment) Act, 1971)( Article 368 (1) of the Constitution of India grants
constituent power to make formal amendments and empowers Parliament to amend
the Constitution by way of addition, variation or repeal of any provision according to the procedure
laid down therein, which is different from the procedure for ordinary legislation.)(fundamental rights
can be taken away or abridged by GOvt by constitutional amendment under Art.368 and not by
making law))

Right to Equality (Article 14 to 18)

Equality before law (Article 14)

The State shall not deny to any person (means citizen as well as non-citizen) equality before the law or the equal
protection of the laws within the territory of India.

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 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)

(1) The State shall not discriminate against any citizen on grounds only of
 religion,
 race, (on the basis of skin colour, eyes, hair etc)
 caste,
 sex,
 place of birth or
 any of them.
(2) No citizen shall be subjected to any disability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort, maintained wholly or partially out
of State funds or dedicated to the use of the general public.
Exception to Article 15(1) & (2):
(3) State may make any special provision
a. for women and children.(Metro special coaches for females, half ticket for children)
(4) State may make any special provision
o for the advancement of any socially and educationally backward classes of citizens or
o for the Scheduled Castes and the Scheduled Tribes.

Equality of opportunity in matters of public employment (Article 16)

5 parts

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any
office under the State.
(2) No citizen shall,
o on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them,
be ineligible for, or discriminated against in respect of, any employment or office under the State.
Exceptions to Art 16(1) & (2)
(3) Parliament may make any law prescribing,
o in regard to a class or classes of employment or appointment to an office under the Government of, or
any local or other authority within, a State or Union territory,
o residence within that State or Union Territory prior to such employment or appointment shall be an
essential qualification.
(4) State may make any provision for the reservation of appointments or posts
o in favour of any backward class of citizens
 which, in the opinion of the State,
 is not adequately represented in the services under the State.
(5) It is valid if any law provides that an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be held by a person professing a particular
religion or belonging to a particular denomination.

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 Abolition of Untouchability (Article 17)

Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of
untouchability shall be an offence punishable in accordance with law.

In 1955 Parliament enacted the Untouchability (Offences) Act 1955. In 1976, the Act was amended and renamed as the
Protection of Civil Rights Act, 1955.

Abolition of titles (Article 18)

(1) No title, not being a military (Paramvir Chakra, Shaurya Chakra) or academic distinction (Doctor, professor, ,
shall be conferred by the State.(Padam shree,padam bhushan)(Nobel prize is not a title)
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India (non-Indian citizen) shall, while he holds any office of profit or trust
under the State, accept without the consent of the President any title from any foreign State.
(4) No person (any citizen) holding any office of profit or trust under the State shall, without the consent of the
President, accept any present, emolument, or office of any kind from or under any foreign State.

Note:
- Only titles of nobility are prohibited as they result in the distinct class of citizens. However, State may officially
recognise merit or work of an extra ordinary nature.
- The National awards are not violative of the principles of equality. The National awards do not amount to
"titles" within the meaning of Article 18(1). But they should not be used as suffixes or prefixes. If this is done,
the National award shall be forfeited.

Right to Freedom (Article 19 to 22)

Protection of certain rights regarding freedom of speech, etc. (Article 19)

Article 19(1) All citizens shall have Article

the right—

(a) to freedom of speech 19(2 )Nothing in sub-clause (a) of clause (1) shall affect the operation of any
and expression; existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the said
sub-clause
o in the interests of
 the sovereignty and integrity of India,
 the security of the State,
 friendly relations with foreign States,

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  public order, decency or morality, or
 in relation to contempt of court, defamation or
incitement to an offence.

(b) to assemble peaceably and
without arms;
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of
any existing law in so far as it imposes, or prevent the State from making any
law imposing,
o in the interests of the
 sovereignty and integrity of India or
 public order,
reasonable restrictions on the exercise of the right conferred by the said
sub-clause.

(c) to form associations or unions; (4)Nothing in sub-clause (c) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing,
o in the interests of
 the sovereignty and integrity of India or
 public order or morality,
reasonable restrictions on the exercise of the right conferred by the said
sub-clause.
(d) to move freely throughout the (5)Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation
territory of India; of any existing law in so far as it imposes, or prevent the State from making any
(e) to reside and settle in any part law imposing, reasonable restrictions on the exercise of any of the rights
of the territory of India; and conferred by the said sub-clauses
o either in the interests of
 the general public or
 for the protection of the interests of any Scheduled
Tribe.

(f) Right to acquire, hold and (Deleted)

dispose of property

(g) to practise any profession, or to (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any
carry on any occupation, trade existing law in so far as it imposes, or prevent the State from making any law
or business imposing, in the interests of the general public, reasonable restrictions on the
exercise of the right conferred by the said sub-clause

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Protection in respect of conviction for offences (Article 20)
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission
of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been
inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.

Protection of life and personal liberty (Article 21)

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Protection against arrest and detention in certain cases (Article 22)

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the
grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner
of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within
a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of
arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period
without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply—
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than
three months unless—
(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges
of a High Court has reported before the expiration of the said period of three months that there is in its
opinion sufficient cause for such detention:
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention,
the authority making the order shall, as soon as may be, communicate to such person the grounds on which the
order has been made and shall afford him the earliest opportunity of making a representation against the
order.
(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to
disclose facts which such authority considers to be against the public interest to disclose.

ORDINANCE MAKING POWERS OF THE PRESIDENT

The President of India (Article 52)

There shall be a President of India.

Executive power of the Union (Article 53)

1. The executive power of the Union shall be vested in the President and shall be exercised by him either directly
or through officers subordinates to him in accordance with this Constitution.
2. The supreme command of the Defence Forces of the Union shall be vested in the President and the exercise
thereof shall be regulated by law.

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 THE JUDICIARY
Courts

The Courts in the Indian legal system, broadly speaking, consist of

i. the Supreme Court,
ii. the High Courts, and
iii. the subordinate courts.

The Supreme Court

- The Supreme Court, which is the highest Court in the country (both for matters of ordinary law and for
interpreting the Constitution) is an institution created by the Constitution.
- The Supreme Court entertains appeals (in civil and criminal and other cases) from High Courts and certain
Tribunals.
- It has also writ jurisdiction for enforcing Fundamental Rights.
- It can advise the President on a reference made by the President on questions of fact and law.

High Courts
- The High Courts were not created for the first time by the Constitution.
- Some High Courts existed before the Constitution, although some new High Courts have been created after
1950.
- The High Courts in (British) India were established first under the Indian High Courts Act, 1861 (an Act of the
U.K. Parliament). The remaining High Courts were established or continued under the Constitution or under
special Acts.
- High Courts for each State (or Group of States) have appellate, civil and criminal jurisdiction over lower Courts.
- High Courts have writ jurisdiction to enforce fundamental rights and for certain other purposes.

Subordinate Courts
- There are various subordinate civil and criminal courts (original and appellate), functioning under ordinary law.
- These have been created, not under the Constitution, but under laws of the competent legislature.
- Civil Courts are created mostly under the Civil Courts Act of each State. Criminal courts are created mainly
under the Code of Criminal Procedure.

Civil Courts
- In each district, there is a District Court presided over by the District Judge, with a number of Additional District
Judges attached to the court.
- Below that Court are Courts of Judges (sometimes called subordinate Judges) and in, some States, Munsiffs.
These Courts are created under State Laws.

Criminal Courts
- Criminal courts in India primarily consist of the Magistrate and the Courts of Session.
- Magistrates themselves have been divided by the Code of Criminal Procedure into 'Judicial' and 'Executive'
Magistrates.
- Executive Magistrates do not try criminal prosecutions, and their jurisdiction is confined to certain
miscellaneous cases, which are of importance for public peace and the like.

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 - Judicial Magistrates are of two classes :
o Second Class and First Class.
- Judicial Magistrates are subject to the control of the Court of Session, which also is itself a Court of original
jurisdiction. The powers of Magistrates of the two classes vary, according to their grade.
- The Court of Session can try all offences, and has power to award any sentence, prescribed by law for the
offence.
- A sentence of death requires confirmation by the High Court.
- In some big cities (including Ahmedabad and Delhi), the Magistrates are called Metropolitan Magistrates. There
is no gradation inter se.
- Further, in some big cities (including Ahmedabad and Hyderabad), the Sessions Court is called the "City
Sessions Court", its powers being the same as those of the Courts of Session in the districts.

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 WRIT JURISDICTION OF HIGH COURTS AND SUPREME COURT

According to Article 226,

- every High Court has the power to issue directions or orders or writs including writs in the nature of Habeas
corpus, Mandamus, Prohibition, Quo warranto and Certiorari or any of them for the enforcement of
fundamental rights stipulated in Part III of the Constitution or for any other purpose.

This power is exercisable by each High Court throughout the territory in relation to which it exercises jurisdiction.

Note:
- Where an effective remedy is available, the High Court should not readily entertain a petition under Article 226
of the constitution of India e.g. under the Companies Act, a share holder has very effective remedies for
prevention of oppression and mismanagement. Consequently High Court should not entertain a petition under
the said Article.

Under Article 32
- Supreme Court has power to provide remedy of writ to anyone whose fundamental rights are infringed by state
action.

Types of Writs

A brief description of the various types of writs is given below:

1. Habeas Corpus (Writ for safeguarding personal liberty)

- The words “Habeas Corpus” mean “to have (confine) the body”.
- It is a remedy available to a person who is confined without legal justification.
- Under Articles 32 and 226 any person can move for this writ to the Supreme Court and High Court respectively.
The applicant may be the prisoner or any person acting on his behalf to safeguard his liberty for the issuance of
the writ of Habeas Corpus as no man can be punished or deprived of his personal liberty except for violation of
law and in the ordinary legal manner.
- The disobedience to this writ is met with by punishment for contempt of Court under the Contempt of Courts
Act.

2. Mandamus (writ for issuing a command)

- The word “Mandamus” means we command.
- Mandamus can be issued against any public authority. It commands activity.
- The writ of mandamus is a command issued to direct any person, corporation, inferior court, or Government
requiring him or it do a particular thing specified therein which pertains to his or its office and is further in the
nature of a public duty.
- This writ may be used when the inferior tribunal has declined to exercise jurisdiction.
- The writ is used for securing judicial enforcement of public duties. The applicant must have a legal right to the
performance of a legal duty by the person against whom the writ is prayed for.
- Mandamus cannot be issued if the defending authority has discretion.
- Mandamus does not lie against the President or the Governor of a State for the exercise of their duties and
power (Article 361).
- It does not lie also against a private individual or body

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 - It is a discretionary remedy and the High Court may refuse if alternative remedy exists except in case of
infringement of fundamental rights.

3. Prohibition (writ to stop someone)

- While mandamus commands activity, prohibition commands inactivity.
- A writ of prohibition is issued to an Inferior Court preventing the latter from usurping (exceeding) jurisdiction
which is not legally vested in it.
- When a tribunal acts without jurisdiction or in excess of jurisdiction, or in violation of rules or law, a writ of
prohibition can be asked for.
- It is generally issued before the trial of the case.
- it is available only against judicial or quasi judicial authorities and is not available against a public officer who is
not vested with judicial functions.

4. Certiorari
- Just like “writs of prohibition”, writ of certiorari also commands inactivity. The only difference is that
Prohibition is available at an earlier stage whereas certiorari is available at a later stage but in similar grounds
- Prohibition is generally issued before the trial of the case whereas Certiorari is issued after authority has
exercised its powers.
- Writ of certiorari can issue by High Court and Supreme Court when the subordinate judicial authority acts
o without or in excess of jurisdiction or
o in contravention of the rules of natural justice or
o commits an error apparent on the face of the record

5. Quo Warranto (Writ to enables enquiry into the legality of the claim of an office)
- The writ of quo warranto enables enquiry into the legality of the claim which a person asserts to an office or
franchise and to oust (expel) him from such position if he is an usurper (unauthorized to hold the office). The
holder of the office has to show to the court under what authority he holds the office.
- Quo Warranto is issued when:
1. the office is of public and of a substantive nature,
2. created by statute or by the Constitution itself, and
3. the respondent has asserted his claim to the office. It can be issued even though he has not assumed the
charge of the office.
- Quo Warranto is a discretionary remedy which the court may grant or refuse.

LEGISLATIVE POWERS OF THE UNION AND THE STATES

Two Sets of Government

The Indian Constitution is essentially federal. The existence of co-ordinate authorities independent of each other is the
gist of the federal principle. A federal constitution establishes a dual polity as it comprises two levels of Government.
- At one level, there exists a Central Government having jurisdiction over the whole country and reaching down
to the person and property of every individual therein.
- At the other level, there exists the State Governments each of which exercises jurisdiction in one of the States
into which the country is divided under the Constitution.

The Union of India is now composed of 28 States. Both the Union and the States derive their authority from the
Constitution which divides all powers - legislative, executive and financial, between them.

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 - Thus States are not delegates of the Union and though there are agencies and devices for Union control over
the States in many matters, the States are autonomous within their own spheres as allotted to them by the
Constitution.

There are some parts of Indian territory which are not covered by these States and such territories are called Union
Territories.

Territorial Distribution

The Union Legislature, i.e., Parliament has the power to make laws for the whole of the territory of India or any part
thereof, and the State Legislatures have the power to make laws for the whole or any part of the territory of the
respective States.

(A) Parliament
o Parliament, being supreme legislative body, may make laws for the whole of India; or any part thereof.
o It can also make laws which may have their application even beyond the territory of India.
o A law made by Parliament is not invalid merely because it has an extra-territorial operation. The
legislation may offend the rules of International law, may not be recognised by foreign courts, or there
may be practical difficulties in enforcing them but these are questions of policy with which the
domestic tribunals are not concerned.

Union Territory
o According to Article 239(1), by Parliament by law, every Union Territory shall be administered by the
President acting, to such extent as he thinks fit, through an Administrator to be appointed by him with
such designation as he may specify.
o Article 246(4) provides that Parliament can make a law for a Union Territory with respect to any matter,
even if it is one which is enumerated in the State List.
o With regard to Union Territories, there is no distribution of legislative powers. Parliament has thus
plenary powers to legislate for the Union Territories with regard to any subject. These powers are,
however, subject to some special provisions of the Constitution.

(B) State Legislature

o A State Legislature may make laws only for the state concerned.
o It can also make laws which may extend beyond the territory of that State. But such law can be valid
only on the basis of ―territorial nexus‖. That is, if there is sufficient nexus or connection between the
State and the subject matter of the law which falls beyond the territory of the State, the law will be
valid.
 In State of Bombay v. R.M.D.C. Supreme Court Held that to established a nexus following two
conditions must be fulfilled:
1. the connection must be real and not illusory; and
2. the liability sought to be imposed by that law must be pertinent to that connection.

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Distribution of Subject Matter of Legislation

Schedule VII of The Constitution of India provides 3 lists.

- List I is named as the Union List.
- List II as the State List and
- List III as the Concurrent List.

Each list contains a number of entries in which the subjects of legislation have been separately and distinctly
mentioned. The number of entries in the respective lists is 97, 66 and 47.
- Those subjects which are of national interest or importance, or which need national control and uniformity of
policy throughout the country have been included in the Union List;
- The subjects which are of local or regional interest and on which local control is more expedient, have been
assigned to the State List
- Those subjects which ordinarily are of local interest yet need uniformity on national level or at least with
respect to some parts of the country, i.e., with respect, to more than one State have been allotted to the
Concurrent List.

Example of entries in Union List:

- Defence of India, naval, military and air forces; atomic energy, foreign affairs, war and peace, railways, posts
and telegraphs, currency, coinage and legal tender; foreign loans; Reserve Bank of India; trade and commerce
with foreign countries; import and export across customs frontiers; inter-State trade and commerce, banking;
industrial disputes concerning Union employees; coordination and determination of Standards in institutions
for higher education

Example of entries in State List:

- Public Order; police; prisons; local Government; public health and sanitation; trade and commerce within the
State; markets and fairs; betting and gambling etc.

Example of entries in Concurrent List:

- Criminal law; marriage and divorce; transfer of property; contracts; economic and social planning; commercial
and industrial insurance; monopolies; social security and social insurance; legal, medical and other professions;
price control, electricity; acquisition and requisition of property

Legislative Powers of the Union and the States with respect to Legislative Subjects

The arrangement for the operation of legislative powers of the Centre and the States with respect to different subjects
of legislation is as follows:
(a) With respect to the subject enumerated in the Union i.e., List I, the Union Parliament has the exclusive power
to make laws. The State Legislature has no power to make laws on any of these subjects and it is immaterial
whether Parliament has exercised its power by making a law or not.
(b) With respect to the subjects enumerated in the State List, i.e., List II, the legislature of a State has exclusive
power to make laws. Therefore Parliament cannot make any law on any of these subjects, whether the State
makes or does not make any law.
(c) With respect to the subjects enumerated in the Concurrent List, i.e., List III, Parliament and the State
Legislatures both have powers to make laws. Thus, both of them can make a law even with respect to the same
subject and both the laws shall be valid in so far as they are not repugnant to each other.

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 However, in case of repugnancy, i.e., when there is a conflict between such laws then the law made by
Parliament shall prevail over the law made by the State Legislature and the latter will be valid only to the extent
to which it is not repugnant to the former.

If there is already a law of Parliament on any subject enumerated in the Concurrent List and a state also wants
to make a law on the same subject then a State can do so provided that law has been reserved for the
consideration of the President of India and has received his assent. Such law shall prevail in that State over the
law of Parliament if there is any conflict between the two. However, Parliament can get rid of such law at any
time by passing a new law and can modify by amending or repealing the law of the State.

(d) With respect to all those matters which are not included in any of the three lists, Parliament has the exclusive
power to make laws. It is called the residuary legislative power of Parliament. The Supreme Court has held that
the power to impose wealth-tax on the total wealth of a person including his agricultural land belongs to
Parliament in its residuary jurisdiction.

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