Labour Laws and Practice · Constitution and Labour Laws

Legislative Powers and Distribution of Labour Subjects

Updated 11 October 2026 · Fact-checked

Labour is mainly a Concurrent List subject. Under Article 246, Parliament and State legislatures can both make labour laws using Entries 22, 23 and 24 of List III. A few matters, such as labour safety in mines, sit in the Union List. To answer questions, find the entry, name the list, then apply Article 254 if laws conflict.

Understand Legislative Powers and Distribution of Labour Subjects

India is a federation, so the Constitution divides law-making power between Parliament and State legislatures. The division is in the Seventh Schedule, which has three lists: List I (Union), List II (State) and List III (Concurrent). Article 246 gives effect to this division. Before you answer any question on who can make a labour law, ask one thing: under which entry does the subject fall?

Labour does not have one single entry. It is spread across the lists. The core of it is in the Concurrent List, where both Parliament and State legislatures may legislate. Entry 22 covers trade unions and industrial and labour disputes. Entry 23 covers social security and social insurance, and employment and unemployment. Entry 24 covers welfare of labour, including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. Entry 36 (Factories) is also in this list.

Some labour matters belong to the Union alone. Union List Entry 55 covers regulation of labour and safety in mines and oilfields. Entry 61 covers industrial disputes concerning Union employees. Entry 81 covers inter-State migration. Entries 13 and 14 let Parliament take part in international conferences and implement treaties, which is how ILO decisions can be given effect. Article 253 supports this by allowing Parliament to legislate on any matter to implement an international agreement.

The State List has few direct labour entries. Entry 24 (industries, subject to Union List entries 7 and 52) and Entry 6 (public health and sanitation) touch labour. States mostly act through the Concurrent List.

What if both legislatures make laws on the same Concurrent subject and they conflict? Article 254 answers this. A Parliamentary law prevails and the State law is void to the extent of the repugnancy. The exception is a State law reserved for the President and given assent. It then prevails in that State, but Parliament can still override it later by making a law on the same matter. This is why the four labour Codes, enacted by Parliament, matter so much for the States.

Key rules to remember

Article 246 – distribution of power: List I: Parliament exclusive | List III: Parliament and States | List II: States exclusive (subject to the clauses above it); Union List prevails over the others; the Concurrent List prevails over the State List where they overlap.
Concurrent List labour entries: Entry 22: trade unions; industrial and labour disputes | Entry 23: social security and social insurance; employment and unemployment | Entry 24: welfare of labour, including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions, maternity benefits; Entry 36 (Factories) is also in List III. Memorise the three headline entries first.
Union List labour entries: Entry 55: labour and safety in mines and oilfields | Entry 61: industrial disputes concerning Union employees | Entry 81: inter-State migration; Only Parliament can legislate on these. Entries 13 and 14 cover international conferences and treaties.
Article 254(1) – repugnancy: Conflict between Union law and State law on a Concurrent subject → Union law prevails; State law void to the extent of repugnancy; Applies where the State law was made without Presidential assent, or where Parliament's law is later.
Article 254(2) – Presidential assent: State law reserved for the President and assented to → prevails in that State; Parliament may still override by later law on the same matter; Applies only to Concurrent List subjects. The assent protects the State law only until Parliament legislates again.
Other routes for Parliament to make State List laws: Art. 249 (Rajya Sabha resolution, two-thirds of members present and voting, national interest) | Art. 250 (Emergency) | Art. 252 (consent of two or more States) | Art. 253 (treaties); Use these only when a question asks how Parliament can legislate on a State subject.

How to solve Legislative Powers and Distribution of Labour Subjects questions

Use this sequence for any problem or case on legislative competence over labour. It follows the exam pattern of provision, analysis and conclusion.

1Identify the subject matter of the law in the facts, such as trade unions, social security, mine safety or factory conditions.
2Match it to a Seventh Schedule entry and name the list. State the entry number and its wording in plain terms.
3If it is in the Union List, say that only Parliament can legislate, and that a State law on it would be invalid for want of competence.
4If it is in the Concurrent List, say that both Parliament and the State legislature can legislate under Article 246(2).
5Check whether a Union law and a State law both exist on the same matter. If not, there is no conflict; the single law operates.
6If both exist, apply Article 254. Check first whether the State law received Presidential assent, and whether Parliament later passed a law on the same matter.
7Write a clear conclusion: which law prevails, to what extent, and in which territory.
8Where relevant, add a practical point, such as which Code or appropriate Government now governs the compliance.

Quickest way: Entry, List, Article 254

When to use it: Use when you have little time and the question simply asks who can legislate or which law prevails.

Write the entry number and the list in one line.
Write one line on competence: Union only, or both.
If there is a conflict, write Article 254(1) and say Union law prevails.
Add the Presidential assent exception in one line, then give the conclusion.

Common mistakes in Legislative Powers and Distribution of Labour Subjects

Saying labour is only a Concurrent List subject.
Students remember Entries 22, 23 and 24 and forget the rest.
Fix: Add that mine and oilfield labour (Entry 55), Union employee disputes (Entry 61) and inter-State migration (Entry 81) are Union List subjects.
Mixing up the contents of Entries 22, 23 and 24.
All three sound like general welfare entries.
Fix: Use a hook: 22 = unions and disputes, 23 = social security and employment, 24 = welfare and conditions of work, including provident funds, compensation and maternity benefits.
Stating that a Union law always overrides a State law in every case.
Students learn Article 254(1) and skip clause (2).
Fix: Say Union law prevails on a Concurrent subject, subject to the Presidential assent exception, which itself can be overridden by later Parliamentary law.
Applying Article 254 to Union List or State List subjects.
The word repugnancy is used loosely for any conflict.
Fix: Article 254 operates only for Concurrent List matters. A State law on a Union List subject fails for lack of legislative competence.
Writing the entry number without its list, or giving wrong numbers for the State List.
Entry 24 appears in both List II and List III with different meanings.
Fix: Always write the list with the entry, such as List III Entry 24 (welfare of labour) and List II Entry 24 (industries).
Ending with theory and no conclusion on the facts.
Students recite the entries and run out of time.
Fix: Finish every answer with a one-line finding on which legislature is competent and which law prevails.

Worked examples

Example 1

A State legislature passes an Act on registration and rights of trade unions in the State. It conflicts with a Central law on the same subject. The State Act did not receive Presidential assent. Examine the validity of the State Act.

Show the solution

Subject matter: trade unions. This falls under List III, Entry 22 (trade unions; industrial and labour disputes).
Because it is a Concurrent List subject, the State legislature has competence to make the law under Article 246(2).
Both a Union law and a State law exist on the same matter and they conflict, so Article 254 applies.
Under Article 254(1), the Union law prevails over the State law.
The Presidential assent exception in Article 254(2) does not help, because no assent was obtained.
The State Act is therefore void to the extent of the repugnancy, not entirely. The unconflicting parts can continue to operate.

Answer: The State had competence under List III Entry 22, but because the State Act conflicts with the Central law and has no Presidential assent, it is void to the extent of the repugnancy under Article 254(1).

Example 2

A State legislature wants to enact a law on safety of labour in coal mines in the State. Can it do so? Would your answer change if the law dealt with welfare of labour in shops in the State?

Show the solution

Step 1: Coal mine labour safety falls under List I Entry 55 (regulation of labour and safety in mines and oilfields).
Step 2: List I is exclusive to Parliament under Article 246(1). The State legislature has no competence over this subject.
Step 3: A State law on this subject would be invalid for want of legislative competence. Article 254 is not relevant, because there is no Concurrent power.
Step 4: For welfare of labour in shops, the subject is welfare of labour and conditions of work, which falls under List III Entry 24.
Step 5: This is a Concurrent List matter, so the State legislature can legislate, subject to Article 254 if a Central law conflicts.

Answer: The State cannot legislate on safety of labour in mines, as it is a Union List subject (Entry 55). Welfare of labour in shops is a Concurrent subject (List III Entry 24), so the State can legislate, subject to Article 254 if there is a conflict with a Central law.

Exam tips

Learn the entry numbers 22, 23 and 24 of List III word for word. Examiners often ask for the entry and the matters it covers.
Always name the list with the entry number, and do not mix List II Entry 24 with List III Entry 24.
In a case question, write provision, analysis of facts and conclusion, in that order, and use Article 254 only for Concurrent subjects.
Add the Union List labour entries (55, 61, 81) when asked how labour is distributed, so your answer is complete.
In a drafting or compliance angle, mention that the Central labour Codes now occupy much of the Concurrent field, so check the appropriate Government.

Practice questions from Constitution and Labour Laws

Legislative Powers and Distribution of Labour Subjects: frequently asked questions

Is labour a Union, State or Concurrent subject in India?

Labour is mainly a Concurrent List subject, so both Parliament and State legislatures can make laws on it. Some labour matters, such as safety in mines and oilfields, are Union List subjects. The State List has very few direct labour entries.

What do Entries 22, 23 and 24 of the Concurrent List cover?

Entry 22 covers trade unions and industrial and labour disputes. Entry 23 covers social security and social insurance, and employment and unemployment. Entry 24 covers welfare of labour, including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits.

What happens if a Central labour law and a State labour law conflict?

Under Article 254(1), the Central law prevails and the State law is void to the extent of the repugnancy. If the State law was reserved for the President and received assent, it prevails in that State under Article 254(2). Parliament can still override it by a later law on the same matter.

Can Parliament make laws on State List labour matters?

Normally no, but the Constitution allows it in specific situations. These include a Rajya Sabha resolution in the national interest under Article 249, an Emergency under Article 250, consent of two or more States under Article 252 and implementing treaties under Article 253.