DIVISION OF POWERS

INTRODUCTION
Neither the Union Legislature i.e., the Parliament nor a State Legislature can be said
to be 'sovereign' in the legalistic sense, each having a separate function to perform.
The Indian Constitution contains a very elaborate scheme of distribution of powers
and functions between the Centre and the States.
The Indian Constitution seeks to create three functional areas:
(i) an exclusive area for the Centre:
(ii) an exclusive area for the States; and
(iii) a common or concurrent area in which both the Centre and the States may
operate simultaneously, subject to the overall supremacy of the Centre.
SUBJECT MATTER
Union List
 Article 246(1) confers on Parliament an 'exclusive power to make laws with
respect to any of the matters in the Union List (List 1 in the Seventh Schedule).
The entries in this List are such as need a uniform law for the whole country. The
States are not entitled to make any law in this area.
 This means that if any matter is within the exclusive competence of the Centre
i.e. List I. it becomes a prohibited field for the States.
 The Union list consists of 99 items. The Union Parliament has exclusive authority
to frame laws on subjects enumerated in the list. These include foreign affairs,
defence, armed forces, communications, posts and telegraph, foreign trade etc.

State List
 Article 246(3) confers an exclusive power on the States to make laws with
respect to the enumerated in the State List (List II in the Seventh Schedule).
These are matters which admit of local variations and, from an administrative
point of view, are best handled at the State level and, therefore, the Centre is
debarred from legislating with respect to these matters.
 Thus, if a particular matter falls within the exclusive competence of the States,
i.e. List II, that represents the prohibited field for the Centre.
 The State list consists of 61 subjects on which ordinarily the States alone can
make laws. These include public order, police, administration of justice, prison,
local governments, agriculture etc.
 Concurrent List
 A unique feature of the Indian scheme of division of powers is the existence of a
large con current field for the Centre and the States.
 Article 246(2) confers a concurrent power of legislation on both the Centre and
the States with respect to the matters enumerated in the Concurrent List (List III
in the Seventh Schedule).
 A State may, therefore, make necessary legislation with respect to any matter in
the Concurrent List. But, if at any time, any of these matters assumes a national
importance, and requires to be dealt with on a uniform all-India basis, then the
Centre can step in and enact necessary legislation.
 The Concurrent list comprises of 52 items including criminal and civil procedure,
marriage and divorce, economic and special planning trade unions, electricity,
newspapers, books, education, population control and family planning etc.
CONCLUSION
Legislative entry in the Constitution must be given a broad, liberal and expansive
interpretation Constitution being an organic document, which lives and grows, its
interpretation should keep pace with time. Keeping the same in mind, the makers of
the Constitution made the provisions of division of power enshrined in
the three lists.