The Concurrent List is one of the three legislative lists in the Seventh Schedule of the Indian Constitution. It contains subjects on which both the Parliament (Union Government) and State Legislatures have the power to make laws. However, in case of a conflict, the law made by Parliament prevails over State laws (Article 254).
1. Constitutional Provisions on the Concurrent List
🔹 The Seventh Schedule of the Indian Constitution divides legislative powers into:
✅ Union List (Only Parliament can make laws) – 100 subjects.
✅ State List (Only State Governments can make laws) – 61 subjects.
✅ Concurrent List (Both Union and State Governments can make laws) – 47 subjects.
🔹 Article 246 – Distribution of Legislative Powers
- Article 246(1) – Parliament has exclusive power to legislate on Union List subjects.
- Article 246(2) – Both Parliament and States can legislate on the Concurrent List.
- Article 246(3) – Only State Legislatures can legislate on State List subjects.
- Article 254 – If there is a conflict between Central and State laws on a Concurrent List subject, Central law prevails.
📌 Example:
- Education is in the Concurrent List. Both Parliament and State Legislatures can pass laws on education, but if Parliament makes a law, it overrides State laws.
2. Features of the Concurrent List
✅ Both Parliament and State Legislatures can make laws on these subjects.
✅ If a conflict arises, Parliament’s law prevails (Article 254).
✅ States can make laws that differ from Central laws, but they need President’s approval.
✅ The Concurrent List allows uniformity while giving flexibility to states.
📌 Example: Criminal Law (Indian Penal Code, IPC) applies across India, but states can modify criminal procedure according to local needs.
3. Important Subjects in the Concurrent List
The Concurrent List originally had 47 subjects, but after amendments, it now has 52 subjects.
| Category | Important Subjects |
|---|---|
| Criminal Law & Procedure | Criminal Law, Criminal Procedure, Preventive Detention |
| Marriage & Divorce | Marriage, Divorce, Adoption, Inheritance, Wills |
| Education & Labour Laws | Education, Trade Unions, Social Security, Employment |
| Civil Procedure & Contracts | Contracts, Civil Procedure, Evidence Act, Bankruptcy |
| Forest & Wildlife Protection | Forests, Protection of Wild Animals & Birds |
| Health & Medicine | Drugs & Medicines, Population Control |
| Trade & Commerce | Weights & Measures, Price Control, Electricity |
📌 Example:
- Education was transferred from the State List to the Concurrent List by the 42nd Amendment (1976), ensuring national education policies while allowing state-specific changes.
4. Power of Parliament Over the Concurrent List
✅ In certain situations, Parliament’s law prevails over State laws:
| Provision | Description |
|---|---|
| Article 254(1) | If there is a conflict between Central and State laws on a Concurrent List subject, Central law prevails. |
| Article 254(2) | A State can make a law different from Central law, but it requires President’s approval. |
| Article 249 | If Rajya Sabha passes a resolution by a 2/3rd majority, Parliament can make laws on a Concurrent List subject in national interest. |
| Article 250 | During National Emergency (Article 352), Parliament can override State laws on Concurrent List subjects. |
| Article 252 | If two or more states request, Parliament can make laws on Concurrent List subjects for those states. |
📌 Example:
- Forest Laws – States have their own forest laws, but Parliament passed the Forest Conservation Act (1980), which overrides state laws.
5. Key Articles Related to the Concurrent List
| Article | Provision |
|---|---|
| Article 246(2) | Both Parliament & State Legislatures can legislate on Concurrent List subjects. |
| Article 254(1) | If a conflict arises between State and Central law, Central law prevails. |
| Article 254(2) | A State can make a law different from Central law, but needs President’s approval. |
| Article 249 | Rajya Sabha can allow Parliament to legislate on any subject in national interest. |
| Article 250 | Parliament can make laws on Concurrent List subjects during National Emergency. |
| 42nd Amendment (1976) | Transferred Education, Forests, Weights & Measures, Administration of Justice from the State List to the Concurrent List. |
6. MCQs on Concurrent List
1. How many subjects are there in the Concurrent List after amendments?
a) 47
b) 52
c) 61
d) 100
✅ Answer: b) 52
2. Under which Article do both Parliament and State Legislatures have the power to legislate on Concurrent List subjects?
a) Article 246(1)
b) Article 246(2)
c) Article 250
d) Article 252
✅ Answer: b) Article 246(2)
3. If a conflict arises between State and Central law on a Concurrent List subject, which law prevails?
a) State law
b) Central law
c) Both laws are invalid
d) Governor decides
✅ Answer: b) Central law
4. Which article allows a State to make a different law on a Concurrent List subject with the President’s approval?
a) Article 246
b) Article 249
c) Article 254(2)
d) Article 356
✅ Answer: c) Article 254(2)
5. Which amendment transferred “Education” from the State List to the Concurrent List?
a) 24th Amendment
b) 39th Amendment
c) 42nd Amendment
d) 44th Amendment
✅ Answer: c) 42nd Amendment
6. Which of the following is a subject in the Concurrent List?
a) Banking
b) Agriculture
c) Criminal Law
d) Defence
✅ Answer: c) Criminal Law
7. Under which article can Rajya Sabha allow Parliament to legislate on a Concurrent List subject in national interest?
a) Article 250
b) Article 249
c) Article 312
d) Article 368
✅ Answer: b) Article 249
8. Which article allows Parliament to legislate on Concurrent List subjects during a National Emergency?
a) Article 249
b) Article 250
c) Article 253
d) Article 356
✅ Answer: b) Article 250
7. Conclusion
The Concurrent List allows both the Central and State Governments to legislate on 52 subjects, ensuring uniformity while providing flexibility to states. However, Parliament’s law prevails over State laws in case of a conflict (Article 254).
For competitive exams, understanding the Concurrent List, related articles, and legislative powers is essential. Stay updated with recent legislative changes to strengthen your preparation! ✅📚
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One reply on “Concurrent List – Powers and Subjects of Union & State”
[…] in:✅ Union List (Article 246) – 97 subjects (e.g., Defence, Railways, Foreign Affairs).✅ Concurrent List – 47 subjects (e.g., Education, Criminal Law, Marriage & Divorce).✅ State List (Only in […]