Question

Name the 3 lists which brings about separation of powers between the central and state governments. Give 5 examples of the subjects that fall under each list.

Answer 1

Answer:India, in the Constitution, has been described as a federation of States. Indian Constitution provides for three lists for distribution of legislative and executive power between the Center and the States; i.e.

the Union (Central) List,

the State List, and

the Concurrent List (subjects within the ambit of the Union Government & the State Governments).

Union List

The Union list contains 97 items which comprise of the subjects having national significance. This list admits uniform laws that are applicable over the entire Indian territory, and only the Indian Parliament is capable of legislating upon them.

Some of the items in this List-I are as follows:

Defence;

Central Bureau of investigation;

Foreign Affairs;

Banking;

Intellectual Properties;

Census;

Corporation Tax;

Atomic energy and necessary mineral resources;

Preventive Detention;

Diplomatic, consular, and trade relations;

War & peace;

Citizenship;

Highways and Railways, etc.

State List

The State list contains 66 items that comprise subjects relating to local interest or the interest of the State. The State legislature is thus competent in legislating over these subjects. Some of the subjects in this List-II are as follows:

Public Order;

Local Government;

Public health & Sanitation;

Agriculture;

Fisheries;

Libraries, museums, and other resembling institutions;

Markets & fairs;

Gas & allied works.

Concurrent List

This list enshrines 47 items, with respect to which; both the Union Parliament and the State legislature hold a concurrent legislative power. This list was meant to serve as a device for avoiding excessive rigidity in a two-fold distribution. Besides, the states can additionally legislate purporting to amplify the Parliamentary legislation. However, in case a dispute arises in relation to any subject contained in this list, the Union legislation shall prevail over that of the State.

Some of the subjects contained in this List-III are as follows:

Criminal law & procedure;

Archaeological sites;

Marriage & divorce;

Transfer of property, excepting agricultural land;

Contempt of Court, excluding that of the Supreme Court;

Civil law & procedure;

Prevention of animal cruelty;

Electricity;

Economic & social planning;