Concurrent List

Not to be confused with concurrent Legislative List of Malaysia or of Pakistan.
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Constitution of India
Preamble
Parts
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XXII
Schedules
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Related topics

The Concurrent List or List-III (Seventh Schedule)[1] is a list of 52 items (though the last subject is numbered 47) given in the Seventh Schedule to the Constitution of India. It includes the power to be considered by both the union and state government. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.[2]

Uniformity is desirable but not essential on items in the concurrent list.[3] If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law is made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State."[4]

  1. ^ "SEVENTH SCHEDULE" (PDF). Archived (PDF) from the original on 2018-09-21.
  2. ^ Robert L. Hardgrave and Stanley A. Koachanek (2008). India: Government and politics in a developing nation (Seventh ed.). Thomson Wadsworth. p. 146. ISBN 978-0-495-00749-4.
  3. ^ Babulal Fadia (1984). State politics in India Volume II. Radiant publishers, New Delhi. pp. 92–122.
  4. ^ "Part XI - Relations between the Union and the States" (PDF). Ministry of Law and Justice. Archived from the original (PDF) on 2013-05-01. Retrieved 2013-03-25. Public Domain This article incorporates text from this source, which is in the public domain.