What is Article 246 of Indian Constitution – Defination & Meaning

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States (1) Notwithstanding anything in clauses (2) and (3), Parliament has
📅 Part XI – Relations Between the Union and the States
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Article Number

246

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Part XI – Relations Between the Union and the States

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Bare Acts Text

Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States

  • (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 (in this Constitution referred to as 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 (in this Constitution referred to as 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 (in this Constitution referred to as the “State List”).
  • (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.
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Full Definition & Explanation

Article 246 of the Indian Constitution outlines the distribution of legislative powers between the Parliament and State Legislatures. It establishes three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List. The Union List consists of matters on which only Parliament can legislate, such as defense and foreign affairs. This means that in areas specified in this list, the central government holds exclusive authority to make laws. The Concurrent List allows both Parliament and State Legislatures to legislate on shared matters like education and marriage. When laws conflict, the central law prevails. The State List contains subjects on which only State Legislatures can legislate, such as police and public health. This structure helps manage the relationship between the central and state governments, ensuring that both can operate effectively within their designated areas. Additionally, Article 246 enables Parliament to make laws for territories not included in any State. This provision ensures that the central government can exercise legislative powers in union territories. The article impacts citizens by determining which level of government can legislate on various issues, ensuring smooth governance and addressing local needs. By clarifying these powers, Article 246 helps maintain order and efficiency in law-making across India.

Historical Context

It establishes three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List. The Union List consists of matters on which only Parliament can legislate, such as defense and foreign affairs. This means that in areas specified in this list, the central government holds exclusive authority to make laws. The Concurrent List allows both Parliament and State Legislatures to legislate on shared matters like education and marriage. Article 246 of the Indian Constitution outlines the distribution of legislative powers between the Parliament and State Legislatures. The State List contains subjects on which only State Legislatures can legislate, such as police and public health.

Key Features

– Parliament has exclusive power over matters in the Union List.
– Both Parliament and State Legislatures can legislate on Concurrent List matters.
– State Legislatures have exclusive power over matters in the State List.
– Parliament can legislate for territories not included in any State.
– The distribution of powers helps maintain India’s federal structure.

Importance & Impact

– Enables Parliament to legislate on national issues efficiently
– Allows states to address local concerns through their legislatures
– Promotes cooperation between central and state governments
– Ensures clarity in legislative powers across different levels
– Helps resolve conflicts in laws through the Concurrent List

Sample UPSC Question

Consider the following statements regarding Article 246 of the Indian Constitution: 1. It outlines the distribution of legislative powers between Parliament and State Legislatures. 2. The Union List includes subjects on which both Parliament and State Legislatures can legislate. 3. Article 246 allows Parliament to make laws for union territories. Which of the above statements is/are correct? A) 1 and 2 only B) 1 and 3 only C) 2 and 3 only D) 1, 2, and 3

Answer

The correct answer is B) 1 and 3 only. Article 246 clearly states that Parliament has exclusive power over the Union List, while only Parliament and State Legislatures can legislate on the Concurrent List. Thus, statement 2 is incorrect, making option B the right choice.

Key Takeaways

✓ Article 246 outlines legislative powers in India
✓ It divides subjects into three distinct lists
✓ Parliament can legislate on union territories
✓ State Legislatures handle local issues effectively
✓ The article ensures a balanced federal structure

FAQs

Article 246 of the Indian Constitution outlines the distribution of legislative powers between the Parliament and State Legislatures. It establishes three lists in the Seventh Schedule: the Union List, the State List, and the Concurrent List. The Union List consists of matters on which only Parliament can legislate, such as defense and foreign affairs.

The State List contains subjects on which only State Legislatures can legislate, such as police and public health. This structure helps manage the relationship between the central and state governments, ensuring that both can operate effectively within their designated areas. Additionally, Article 246 enables Parliament to make laws for territories not included in any State.

This provision ensures that the central government can exercise legislative powers in union territories. The article impacts citizens by determining which level of government can legislate on various issues, ensuring smooth governance and addressing local needs. By clarifying these powers, Article 246 helps maintain order and efficiency in law-making across India.

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Editor-in-Chief Pramod

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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