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Fundamentals of Business Laws and Business Communication · Legislative Process in India

Union, State and Concurrent Lists in the Seventh Schedule

Updated 10 October 2026 · Fact-checked

The Seventh Schedule divides law-making power between Parliament and State Legislatures through three lists. Parliament makes laws on the Union List, States on the State List, and both on the Concurrent List. If they conflict on a Concurrent subject, the Union law prevails, unless the State law was reserved for the President and received assent. Residuary subjects go to Parliament.

Understand Union, State and Concurrent Lists

India is a federal country. Law-making power is shared between the Centre (Parliament) and the States (State Legislatures). The Constitution decides who can make laws on which subject. This division is in the Seventh Schedule, which has three lists.

The Union List has subjects of national importance, where only Parliament can make laws. Examples: defence, foreign affairs, railways, banking, currency and coinage, atomic energy, and income tax on non-agricultural income.

The State List has subjects of local importance, where State Legislatures make laws. Examples: public order, police, public health and sanitation, agriculture, land, and local government. Parliament can legislate on State List subjects only in special situations:

  • Article 249: the Rajya Sabha passes a resolution, supported by two-thirds of members present and voting, that it is necessary in the national interest. The law made this way is temporary.
  • Article 250: a Proclamation of Emergency is in operation.
  • Article 252: two or more States request Parliament to legislate.

The Concurrent List has subjects where both Parliament and State Legislatures can make laws. Examples: criminal law and procedure, marriage and divorce, contracts, bankruptcy and insolvency, trade unions, and education. If a State law conflicts with a Union law on a Concurrent subject, the Union law prevails and the State law is void to the extent of the repugnancy (the conflict). The exception is Article 254(2): if the State law was reserved for the President and received assent, it prevails in that State. Parliament can still override it later by making a law on the same matter.

A subject not found in any list is a residuary subject. Under Article 248, Parliament has the exclusive power to legislate on it. Taxes not mentioned in any list also fall to Parliament.

Key formulas to remember

Union List
Subject in Union List → only Parliament legislates
Examples: defence, foreign affairs, railways, banking, currency, atomic energy.
State List
Subject in State List → State Legislature legislates
Examples: public order, police, public health, agriculture, land. Parliament can act only in special situations: Art. 249 (two-thirds Rajya Sabha resolution, temporary law), Art. 250 (Emergency), Art. 252 (request by two or more States).
Concurrent List
Subject in Concurrent List → both Parliament and State Legislature legislate
Examples: criminal law, marriage and divorce, contracts, bankruptcy, trade unions, education. In a conflict the Union law prevails, unless the State law was reserved for the President and got assent (Art. 254(2)).
Residuary powers
Subject in no list → Parliament (Article 248)
This includes taxes not mentioned in any list. Remember: residuary powers lie with the Centre.
Source of the division
Seventh Schedule = Union List + State List + Concurrent List
The Schedule is linked to Article 246, which distributes legislative powers.

How to solve Union, State and Concurrent Lists questions

Most questions ask you to match a subject to a list, state who can legislate, or say what happens in a conflict. Use this method.

  1. 1Read the subject in the question and decide whether it is national, local or shared in nature.
  2. 2Match it to a list using the examples you have memorised: defence and currency are Union, police and agriculture are State, contracts and marriage are Concurrent.
  3. 3If the subject fits no list, treat it as residuary and choose Parliament (Article 248).
  4. 4If the question mentions a conflict on a Concurrent subject, choose the Union law as prevailing, unless the question says the State law was reserved for the President and received assent.
  5. 5Check for special situations where Parliament may legislate on a State subject: Rajya Sabha resolution (Art. 249), Emergency (Art. 250), or request by two or more States (Art. 252).
  6. 6Eliminate options that give the State exclusive power over a Union List subject, or the reverse.

Quickest way: National, local or shared test

When to use it: Use this for any MCQ that asks which list a subject belongs to or who can make the law.

  1. Ask: is it about the whole country, like defence, currency or railways? Pick Union List.
  2. Ask: is it about local administration, like police, public health or agriculture? Pick State List.
  3. Ask: does it affect individuals across States, like contracts, marriage or criminal law? Pick Concurrent List.
  4. If none fits, pick residuary power with Parliament.
  5. Watch for words such as 'exclusive'. Exclusive Parliament means Union List or residuary.

Common mistakes in Union, State and Concurrent Lists

  • Putting police or public order in the Union List.

    Students link law and order with the Centre.

    Fix: Remember that police and public order are State List subjects. The Centre handles defence.

  • Placing criminal law or contracts in the State List.

    Students think private matters are local.

    Fix: Criminal law, contracts and marriage are on the Concurrent List. Link them with shared national laws.

  • Saying the State law always prevails in a conflict on a Concurrent subject.

    Students confuse federalism with State supremacy.

    Fix: The Union law prevails, and the State law is void to the extent of the repugnancy. The only exception is a State law reserved for the President that received assent (Art. 254(2)); it stands in that State, but Parliament can override it later.

  • Giving residuary powers to States.

    This is how it works in some other federations.

    Fix: In India, Article 248 gives residuary power to Parliament.

  • Saying Parliament can never legislate on State List subjects.

    Students overstate the rule as absolute.

    Fix: State the rule with exceptions: Rajya Sabha resolution by two-thirds of members present and voting (Art. 249, temporary law), Emergency (Art. 250), and request by two or more States (Art. 252).

  • Mixing up 'Seventh Schedule' with other Schedules.

    Schedules are numbered and easy to confuse.

    Fix: Link Seventh Schedule with the three lists and the Centre-State division of legislative power.

Worked examples

Example 1

Which of the following subjects is in the Union List? (A) Public health (B) Currency and coinage (C) Marriage and divorce (D) Agriculture

Show the solution
  1. Public health is a local matter, so it is in the State List.
  2. Currency and coinage affect the whole country, so they are in the Union List.
  3. Marriage and divorce are in the Concurrent List.
  4. Agriculture is in the State List.

Answer: (B) Currency and coinage

Example 2

A subject is not mentioned in any of the three lists. Who has the power to make laws on it? (A) State Legislature only (B) Parliament (C) Both equally (D) Local bodies

Show the solution
  1. A subject in no list is a residuary subject.
  2. Under Article 248, residuary power to legislate belongs to Parliament.
  3. So the State Legislature has no power over it, and the power is not shared.

Answer: (B) Parliament

Exam tips

  • Memorise three or four sure examples for each list. Most MCQs test only these examples.
  • Remember the trap pairs: police is State, criminal law is Concurrent, defence is Union.
  • For conflict questions, the safe answer is that the Union law prevails on the Concurrent List. Check whether the option mentions a State law reserved for the President with assent (Art. 254(2)).
  • Link residuary powers with Article 248 and Parliament. Do not assign them to States.
  • There is no negative marking, so always attempt every question after eliminating wrong options.

Practice questions from Legislative Process in India

Union, State and Concurrent Lists in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Union, State and Concurrent Lists: frequently asked questions

What is the Seventh Schedule of the Indian Constitution?

It is the Schedule that contains the Union List, State List and Concurrent List. It divides law-making subjects between Parliament and State Legislatures.

What is the difference between the Union List and the State List?

The Union List covers national subjects like defence and currency, on which Parliament legislates. The State List covers local subjects like police and agriculture, on which State Legislatures legislate. Parliament can legislate on State subjects only in special cases: Art. 249 (two-thirds Rajya Sabha resolution, temporary law), Art. 250 (Emergency) and Art. 252 (request by two or more States).

Who has residuary powers of legislation?

Parliament has them under Article 248. This means any subject not found in the three lists can be legislated on only by Parliament.

What happens if Union and State laws conflict on a Concurrent subject?

The Union law prevails, and the State law is void to the extent of the repugnancy. The exception is a State law that was reserved for the President and received assent under Art. 254(2). It prevails in that State, though Parliament can later override it.