Article 246 of Indian Constitution: Distribution of Legislative Powers

India’s federal structure is anchored by a unique distribution of legislative powers between the Union (central government) and the States. This division is not merely theoretical; it is directly enshrined in the Constitution of India, a legal framework designed both to promote national cohesion and to preserve the autonomy of individual states. At the heart of this division lies Article 246, a rarely spotlighted yet critically important provision. Article 246 of the Indian Constitution lays out the authority of Parliament and State Legislatures to make laws and provides the mechanism for resolving conflicts that may arise between them.

The importance of Article 246 extends beyond academic or legal circles—its relevance is seen in daily governance, collaborative policymaking, and even in the frequent debates that arise between the center and the states over jurisdiction and autonomy.

Article 246 of the Indian Constitution: The Distribution of Legislative Powers

Article 246 serves as the legal foundation for the threefold division of legislative subjects in India. These are listed in the Seventh Schedule of the Constitution as the Union List, the State List, and the Concurrent List.

The Text and Structure of Article 246

The article itself is comprised of four clauses:
– Clause (1): Empowers Parliament to make laws on any subject in the Union List even if similar subjects fall in the State or Concurrent List.
– Clause (2): Allows both Parliament and State Legislatures to make laws for subjects mentioned in the Concurrent List.
– Clause (3): Gives States exclusive powers to legislate on the State List—unless otherwise provided by Parliament’s overriding authority in exceptional cases.
– Clause (4): Specifically applies the preceding clauses to Union Territories.

This layered framework ensures that while both the Union and the States possess law-making powers, their domains are clearly charted.

“Article 246 is a keystone in balancing the dynamism of federalism with the need for unity and consistency in India’s governance. It simultaneously empowers and limits both Parliament and the state assemblies.”
— Dr. Ujjwal Kumar Singh, Professor of Political Science, University of Delhi

The Three Lists: Union, State, and Concurrent

The lists themselves are a direct application of Article 246:

• Union List (List I) includes subjects of national importance such as defense, foreign affairs, banking, and railways.
• State List (List II) covers matters of local or state-wide importance, including police, public health, agriculture, and irrigation.
• Concurrent List (List III) carries subjects like education, criminal law, forests, and marriage—the center and states can both legislate, but Union law prevails in case of conflict.

This model was influenced by other federations such as Canada but tailored to India’s complexity and diversity. The arrangement seeks to accommodate regional priorities while ensuring national policies are consistent.

Federalism in Practice: Collaboration and Conflict

While the lists clarify legislative boundaries, real-world governance often blurs them. Sectoral changes, economic reforms, emergencies, or new technologies can introduce overlapping interests.

Case Examples of Legislative Overlap

• Education Policy: Once a State subject, education is now under the Concurrent List, reflecting the need for national standards and state-level innovation. The Right to Education Act (RTE), passed by Parliament, is implemented by states but follows a national framework.
• Public Health Responses: During crises such as the COVID-19 pandemic, the interaction between Union and State powers became highly visible, with the central Disaster Management Act invoked for uniformity while public health remained primarily a State List subject.

Resolving Disputes: The Role of Judiciary

When legislative jurisdictions clash, the Supreme Court of India often becomes the arbitrator. Landmark judgments—such as the State of West Bengal v. Union of India (1962)—affirmed the supremacy of Parliament in Union List matters but also protected state autonomy where appropriate.

Judiciary’s interpretation of Article 246, along with Article 254 (which addresses repugnancy or inconsistency between Union and State laws), ensures that the division of powers is both robust and adaptable.

Can Parliament Override State Laws?

As per Article 246(1), central laws in the Union and Concurrent Lists take precedence over state laws in case of a contradiction. Article 254 strengthens this by clarifying that state laws which are repugnant to parliamentary legislation (in the Concurrent List) become void to the extent of the conflict, unless the President grants assent.

This central tilt exists to avoid national fragmentation but is not absolute: there are constitutional checks, such as the Council of States (Rajya Sabha) recommending Parliament to legislate on State List matters under special circumstances (Article 249).

Evolving Relevance: Recent Trends and Debates

The landscape shaped by Article 246 continues to evolve amidst India’s socio-economic and political transformations.

Trends in Legislative Shifts

• GST Legislation: The introduction of the Goods and Services Tax (GST) dramatically reshaped fiscal federalism. By amending many entries in all three lists and creating the GST Council for shared decision-making, it exemplified cooperative federalism at scale.
• Environmental Regulations: Environmental protection, air and water pollution have moved high on the concurrent and central agenda, given their cross-border implications, triggering further debates about legislative authority.

Contemporary Challenges

Rapid technological development, increasing centralization through centrally sponsored schemes, and calls by some states for greater devolution of powers are testing the boundaries of the original constitutional arrangement. Analysts routinely debate whether the balance struck in 1950 adequately fits 21st-century India.

“The flexibility built into Article 246 ensures that India’s federalism can respond to changing realities, but its implementation depends greatly on political intent and judicial clarity.”
— Justice (Retd.) M.N. Venkatachaliah, former Chief Justice of India

Mechanisms for Cooperative Federalism

Beyond legal provisions, cooperative mechanisms such as the Inter-State Council, NITI Aayog, and periodic meetings between central and state leaders reinforce the spirit of collaboration. These platforms are crucial in preventing legislative turf wars and promoting consensus on key policies.

However, effective federalism depends not just on constitutional design, but on continual dialogue, respect for diversity, and readiness to accommodate new realities. The architecture provided by Article 246 remains a reference point—a living framework rather than a rigid script.

Conclusion: Article 246’s Lasting Significance

Article 246 of the Indian Constitution represents more than just a technical division of powers. It is a pillar of India’s federal architecture, striving to balance unity with diversity, and national goals with regional aspirations. As new challenges arise, the flexibility and clarity built into this constitutional provision will be tested—and, with judicious interpretation, can continue to support India’s robust democratic governance.

FAQs

What is Article 246 of the Indian Constitution?

Article 246 outlines how legislative powers are distributed between the Parliament and State Legislatures by organizing subjects into Union, State, and Concurrent Lists.

Why are the Union, State, and Concurrent Lists significant?

These lists help clearly define the legislative domains of the centre and states, reducing conflicts and ensuring effective governance. Each list is tailored to balance national interest with regional autonomy.

How are conflicts between central and state laws resolved under Article 246?

If a central and a state law on a Concurrent List subject are inconsistent, the central law typically prevails. The judiciary, especially the Supreme Court, often interprets and adjudicates these conflicts.

Can Parliament make laws on State List subjects?

Generally, only state legislatures can legislate on State List matters. However, Parliament can legislate on these subjects during a national emergency or if the Rajya Sabha deems it necessary in the national interest.

Has Article 246 been amended or affected by recent reforms?

Major reforms like the introduction of GST have impacted how legislative powers are shared, leading to collaborative institutions and shared decision-making.

What role does Article 246 play in modern Indian federalism?

Article 246 is vital in structuring Indian federalism, helping navigate the dynamic relationship between the centre and states as new challenges and policy areas emerge.

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