Overview and Constitutional Basis:
The Concurrent List is one of the three legislative lists under the Seventh Schedule of the Constitution of India, along with the Union List and State List. It is provided under Article 246(2), which empowers both the Parliament and the State Legislatures to make laws on subjects enumerated in this list. The Concurrent List contains 52 subjects (originally 47) that are of common concern to both the Union and the States, such as criminal law, marriage and divorce, education, and labor welfare. The idea behind the Concurrent List is to promote cooperative federalism by allowing both levels of government to legislate on matters where uniformity is desirable across the nation while also addressing regional needs.
Legal Provisions and Legislative Authority:
Under Article 246(2), both Parliament and State Legislatures have the power to legislate on matters in the Concurrent List. However, if there is any conflict between a Central law and a State law, Article 254(1) provides that the Central law shall prevail to the extent of the repugnancy. Nevertheless, under Article 254(2), if a State law on a concurrent subject receives the assent of the President, it can prevail within that State, unless Parliament later overrides it. This structure provides flexibility and balance in legislative powers, ensuring that while national uniformity is maintained, states are not completely deprived of their legislative autonomy. The Concurrent List thus represents the shared legislative competence of India’s federal system.
Significance and Constitutional Role:
The Concurrent List is a vital feature of India’s quasi-federal Constitution, fostering cooperation between the Centre and the States. It helps in harmonizing national policies with regional needs in key areas like education, environment, criminal law, and trade unions. The list allows both governments to function concurrently without rigid separation of powers, reflecting India’s dynamic and flexible federalism. Moreover, in case of emergencies under Article 353, Parliament gains overriding powers even on State subjects, further strengthening national unity. Thus, the Concurrent List ensures that governance remains adaptable, balanced, and responsive to changing socio-economic conditions across the country.
Real-Time Example:
A practical example of legislation under the Concurrent List is the Right to Education Act, 2009, enacted under Entry 25 (Education) of the Concurrent List. Both the Central and State Governments share responsibility for implementing free and compulsory education for children aged 6 to 14 years. Similarly, the Environmental Protection laws and Labour laws like the Industrial Disputes Act, 1947, also fall under concurrent subjects, requiring cooperation between Union and State authorities. These examples illustrate how the Concurrent List allows for shared responsibility and coordinated policy-making between different levels of government for the welfare of citizens.
Mnemonic to Remember:
Mnemonic: “CARL – Common, Articles, Repugnancy, Law prevails”
- C = Common subjects for both Centre and States
- A = Article 246(2) and Article 254 govern powers and conflicts
- R = Repugnancy clause ensures Central law supremacy
- L = Law with Presidential assent can prevail in the State
This mnemonic “CARL” helps recall the essence of the Concurrent List — shared legislative power between Centre and States, governed by Articles 246(2) and 254, ensuring cooperation and constitutional balance.
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Discover the Concurrent List under Articles 246(2) and 254 on Lawgnan.in — your trusted platform for constitutional learning. Explore how both the Parliament and State Legislatures share legislative powers on key subjects like education, criminal law, labor, and environment, ensuring cooperative federalism in India. Learn about the repugnancy clause under Article 254, which maintains harmony between Central and State laws. Study real-life examples such as the Right to Education Act, 2009, and grasp the federal balance that strengthens India’s democratic governance. Lawgnan helps law students master these core constitutional principles with clarity and precision.
