Article 246 of Indian Constitution: Laws made by Parliament & by the Legislatures of States

Under Part XI, Article 246 of Indian Constitution lays down how legislative powers are distributed between the Union and the States. It defines which body—Parliament or State Legislature—can make laws on which subjects.

The article links directly to the Seventh Schedule, which is divided into three lists: Union List, State List, and Concurrent List. Article 246 of Constitution ensures that both Union and States operate within their own areas, maintaining a federal balance.

This framework allows Parliament to legislate on national issues and State Legislatures to focus on local governance. Both can legislate on concurrent subjects, but Union law prevails in case of conflict.

Understanding Article 246 of Constitution of India is essential for grasping how India’s government functions. It works with other provisions like article 245 and 246 of Indian Constitution to establish a legislative structure. Knowing about article 246 of the Indian Constitution Schedule 7 helps clarify how governance in India is organized. Explore in-depth analysis of other Constitutional Articles.

Article 246 of Indian Constitution

Subject-matter of laws made by Parliament and by the Legislatures of States

• Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").
• Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
• Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").
• Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download PDF on Article 246 of Indian Constitution

Article 246 of the Indian Constitution sets out how law-making powers are divided between the Union and the States. It introduces a three-list system to clearly assign authority to each level of government.

Union List (List I):

Under article 246 1 of Indian Constitution, Parliament has exclusive power to make laws on subjects in the Union List. These are topics of national concern, such as defense, foreign relations, atomic energy, and currency.

State List (List II):

Article 246 3 of Indian Constitution gives State Legislatures exclusive rights to make laws on matters in the State List. These include issues of local importance, like police, public health, land, and agriculture.

Concurrent List (List III):

According to article 246 2 of Indian Constitution, both Parliament and State Legislatures can legislate on Concurrent List topics—like education, marriage laws, and criminal procedure. If there's a conflict, Union law overrides State law.

Overlap and Residual Powers:

In case of overlapping jurisdiction, Parliament’s law prevails. Under article 246 4 of Indian Constitution, Parliament can also legislate for Union Territories or areas not governed by any State.

Together, article 246 with Schedule 7 of Indian Constitution ensures a well-structured legislative system in India’s quasi-federal setup.

Article 246 of Indian Constitution Landmark Cases or Judgments 

Some of the landmark cases relating to Article 246 of Constitution of India are explained below, they are -

1. State of West Bengal v. Union of India (1963)

The Supreme Court ruled that Parliament has supremacy over State Legislatures on Union List subjects. The Court upheld the importance of article 246 1 of Indian Constitution in maintaining national interest.

2. Hoechst Pharmaceuticals Ltd. v. State of Bihar (1983)

This case clarified that Union law will override State law on concurrent matters, as per article 246 2 of Indian Constitution, if there is any inconsistency.

3. Ujagar Prints v. Union of India (1989)

The Court emphasized that legislative power must be exercised strictly according to the subject lists defined in article 246 with Schedule 7 of Indian Constitution.

4. Ganga Ram v. Union of India (2000)

It was held that Parliament can make laws for Union Territories under article 246 4 of Indian Constitution, even on State subjects.

Article 246 of Indian Constitution is vital for India’s federal governance. It maintains the balance of legislative power between the Union and States.

The article links to Schedule 7, which divides topics into three lists. This system lets both governments operate within their respective zones. 246 article helps avoid confusion and jurisdictional overlaps.

Article 246 1 of Indian Constitution allows Parliament to make laws on national issues. Article 246 3 of Indian Constitution empowers States to focus on regional concerns. When issues overlap, article 246 2 of Indian Constitution ensures Union laws have the upper hand.

In times of emergency or when national interest is at stake, Parliament can legislate on State matters through related provisions in article 245 and 246 of Indian Constitution.

Thus, Article 246 of Constitution of India supports smooth law-making and strong governance. It protects state autonomy while upholding national unity. It also ensures legislative harmony between different layers of government.

Article 246 of Indian Constitution Developments and Amendments 

While Article 246 itself has not been amended directly, its interpretation and impact have evolved through amendments and case law.

The 42nd Amendment Act (1976) shifted several subjects—like education, forests, and administration of justice—from the State List to the Concurrent List. This expanded the Union’s legislative reach under article 246 2 of Indian Constitution. It changed the dynamics of article 246 with Schedule 7 of Indian Constitution, giving Parliament more control.

Another important development came from judgments that clarified how article 246 of Indian Constitution explanation must align with constitutional intent. Courts confirmed that Parliament has supremacy in cases of legislative conflict.

Emergency provisions also affect article 245 and 246 of Indian Constitution. During a national emergency, the Parliament can temporarily legislate on State List items, which shows how flexible 246 article of Indian Constitution can be.

Further, article 246 4 of Indian Constitution allows Parliament to create laws for Union Territories, showing how central power works when state legislatures are absent.

Through judicial decisions and shifting subjects between lists, the reach of Article 246 of Constitution of India has grown. It continues to shape how India balances centralized control with state autonomy.

Conclusion

Article 246 of Indian Constitution is the cornerstone of India’s law-making system. It defines the powers of the Union and the States and ensures legislative clarity. This article works with Schedule 7, which contains the Union List, State List, and Concurrent List, creating a system that supports both national interests and regional priorities.

Article 246 1 of Indian Constitution grants Parliament control over central matters. Article 246 3 of Indian Constitution allows States to legislate on local concerns. Article 246 2 of Indian Constitution handles overlapping topics, giving priority to Parliament in case of conflict.

Article 246 4 of Indian Constitution gives Parliament control over Union Territories. These layers help the Indian Constitution operate as a quasi-federal system.

Though the article has not been changed directly, its meaning has expanded through amendments and court rulings. Topics like GST and agricultural laws continue to test the scope of 246 article of Indian Constitution.

In summary, Article 246 of Constitution of India is more than a legal clause—it is the foundation of cooperative federalism. It defines how governance functions in India and continues to evolve with the nation’s needs.