The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last subject is numbered 47) given in the
Seventh Schedule to the
Constitution of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
. It includes the power to be considered by both the union and state government. The legislative section is divided into three lists:
Union List,
State List and Concurrent List. Unlike the
federal government
A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
s of the United States, Switzerland or Australia, residual powers remain with the
Union Government, as with the Canadian federal government.
Uniformity is desirable but not essential on items in the concurrent list.
If any provision of a law made by the
Legislature of a State is repugnant to any provision of a law made by
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law is made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the
President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State."
Items on the list
The 52 items currently on the list are:
:1.
Criminal law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
, including all matters included in the
Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in
List I or
List II and excluding the use of
naval,
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
or
air forces or any other
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...
of the Union in aid of the civil power.
:2.
Criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
, including all matters included in the
Code of Criminal Procedure at the commencement of this Constitution.
:3.
Preventive detention for reasons connected with the
security of a State, the maintenance of
public order, or the maintenance of supplies and services essential to the community; persons subjected to such
detention.
:4. Removal from one
State to another State of
prisoner
A prisoner, also known as an inmate or detainee, is a person who is deprived of liberty against their will. This can be by confinement or captivity in a prison or physical restraint. The term usually applies to one serving a Sentence (law), se ...
s,
accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.
:5.
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
and
divorce;
infant
In common terminology, a baby is the very young offspring of adult human beings, while infant (from the Latin word ''infans'', meaning 'baby' or 'child') is a formal or specialised synonym. The terms may also be used to refer to juveniles of ...
s and
minors;
adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
;
wills,
intestacy
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...
and succession;
joint family and
partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
:6. Transfer of property other than
agricultural land
Agricultural land is typically land ''devoted to'' agriculture, the systematic and controlled use of other organism, forms of lifeparticularly the rearing of livestock and production of cropsto produce food for humans. It is generally synonymous ...
; registration of
deed
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right ...
s and documents.
:7.
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
s including
partnership
A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations ...
,
agency,
contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
:8. Actionable wrongs
:9.
Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
and
insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
.
:10.
Trust and
Trustees.
:11. Administrators – general and official trustees.
:11-A. Administration of justice; constitution and Organisation of all courts, except the
Supreme Court and the
High Courts.
:12.
Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
and
oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
s; recognition of laws,
public acts and records, and
judicial proceedings.
:13.
Civil procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and
arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
.
:14.
Contempt of court, but not including contempt of the Supreme Court.
:15.
Vagrancy
Vagrancy is the condition of wandering homelessness without regular employment or income. Vagrants usually live in poverty and support themselves by travelling while engaging in begging, waste picker, scavenging, or petty theft. In Western ...
;
nomadic and migratory tribes.
:16.
Lunacy and
mental deficiency, including
places for the reception or treatment of
lunatics and mental deficients.
:17. Prevention of
cruelty to animals.
:17-A.
Forest
A forest is an ecosystem characterized by a dense ecological community, community of trees. Hundreds of definitions of forest are used throughout the world, incorporating factors such as tree density, tree height, land use, legal standing, ...
s.
:17-B.
Protection of wild animals and
birds.
:18.
Adulteration of foodstuffs and other goods.
:19.
Drug
A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via insufflation (medicine), inhalation, drug i ...
s and
poison
A poison is any chemical substance that is harmful or lethal to living organisms. The term is used in a wide range of scientific fields and industries, where it is often specifically defined. It may also be applied colloquially or figurati ...
s, subject to the provisions of Entry 59 of List I with respect to
opium
Opium (also known as poppy tears, or Lachryma papaveris) is the dried latex obtained from the seed Capsule (fruit), capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid mor ...
.
:20.
Economic
An economy is an area of the Production (economics), production, Distribution (economics), distribution and trade, as well as Consumption (economics), consumption of Goods (economics), goods and Service (economics), services. In general, it is ...
and
social planning.
:20-A.
Population control and
family planning
Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marit ...
.
:21. Commercial and industrial monopolies,
combines and trusts.
:22.
Trade union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s;
industrial and
labour disputes.
:23.
Social security
Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
and
social insurance;
employment
Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
and
unemployment.
:24. Welfare of labour including
conditions of work,
provident funds,
employers' liability,
workmen's compensation,
invalidity and
old age pensions and
maternity benefits.
:25.
Education
Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
, including
technical education,
medical education
Medical education is vocational education, education related to the practice of being a medical practitioner, including the initial training to become a physician (i.e., medical school and internship (medical), internship) and additional trainin ...
and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I;
vocational and technical training of labour.
:26.
Legal
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
,
medical
Medicine is the science and Praxis (process), practice of caring for patients, managing the Medical diagnosis, diagnosis, prognosis, Preventive medicine, prevention, therapy, treatment, Palliative care, palliation of their injury or disease, ...
and other
profession
A profession is a field of Work (human activity), work that has been successfully professionalized. It can be defined as a disciplined group of individuals, professionals, who adhere to ethical standards and who hold themselves out as, and are ...
s.
:27.
Relief
Relief is a sculpture, sculptural method in which the sculpted pieces remain attached to a solid background of the same material. The term ''wikt:relief, relief'' is from the Latin verb , to raise (). To create a sculpture in relief is to give ...
and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the
Dominion
A dominion was any of several largely self-governance, self-governing countries of the British Empire, once known collectively as the ''British Commonwealth of Nations''. Progressing from colonies, their degrees of self-governing colony, colon ...
s of
India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
and
Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
.
:28.
Charities and
charitable institutions, charitable and religious endowments and
religious institutions.
:29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
:30.
Vital statistics including registration of births and deaths.
:31.
Port
A port is a maritime facility comprising one or more wharves or loading areas, where ships load and discharge cargo and passengers. Although usually situated on a sea coast or estuary, ports can also be found far inland, such as Hamburg, Manch ...
s other than those declared by or under law made by Parliament or existing law to be major ports.
:32.
Shipping
Freight transport, also referred to as freight forwarding, is the physical process of transporting commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it has been ...
and
navigation
Navigation is a field of study that focuses on the process of monitoring and controlling the motion, movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navig ...
on
inland waterways as regards mechanically propelled vessels, and the rule of the road on such
waterway
A waterway is any Navigability, navigable body of water. Broad distinctions are useful to avoid ambiguity, and disambiguation will be of varying importance depending on the nuance of the equivalent word in other ways. A first distinction is ...
s, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
:33.
Trade
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market.
Traders generally negotiate through a medium of cr ...
and
commerce
Commerce is the organized Complex system, system of activities, functions, procedures and institutions that directly or indirectly contribute to the smooth, unhindered large-scale exchange (distribution through Financial transaction, transactiona ...
in, and the
production,
supply and distribution of,-
:::(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the
public interest, and imported goods of the same kind as such products
:::(b)
foodstuff
Food is any substance consumed by an organism for nutritional support. Food is usually of plant, animal, or fungal origin and contains essential nutrients such as carbohydrates, fats, proteins, vitamins, or minerals. The substance is in ...
s, including edible
oilseeds and
oils
:::(c) cattle
fodder, including
oilcakes and other concentrates
:::(d) raw
cotton
Cotton (), first recorded in ancient India, is a soft, fluffy staple fiber that grows in a boll, or protective case, around the seeds of the cotton plants of the genus '' Gossypium'' in the mallow family Malvaceae. The fiber is almost pure ...
, whether ginned or not ginned, and
cotton seed; and
:::(e) raw
jute
Jute ( ) is a long, rough, shiny bast fibre that can be Spinning (textiles), spun into coarse, strong threads. It is produced from flowering plants in the genus ''Corchorus'', of the mallow family Malvaceae. The primary source of the fiber is ...
.
:33-A. Weights and measures except establishment of standards.
:34.
Price control.
:35.
Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
:36. Factories.
:37. Boilers.
:38.
Electricity
Electricity is the set of physical phenomena associated with the presence and motion of matter possessing an electric charge. Electricity is related to magnetism, both being part of the phenomenon of electromagnetism, as described by Maxwel ...
.
:39.
Newspapers
A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as poli ...
, books and
printing press
A printing press is a mechanical device for applying pressure to an inked surface resting upon a printing, print medium (such as paper or cloth), thereby transferring the ink. It marked a dramatic improvement on earlier printing methods in whi ...
es.
:40.
Archaeological site
An archaeological site is a place (or group of physical sites) in which evidence of past activity is preserved (either prehistoric or recorded history, historic or contemporary), and which has been, or may be, investigated using the discipline ...
s and remains other than those declared by or under law made by Parliament to be of national importance.
:41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
:42. Acquisition and requisitioning of property.
:43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
:44.
Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
:45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
:46. Jurisdiction and powers of all courts, except the
Supreme Court, with respect to any of the matters in this List.
:47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
Transferred Subjects
Through the
42nd Amendment Act of 1976, five subjects were transferred from State to Concurrent List. They are:
# Education
# Forests
# Weights & Measures
# Protection of Wild Animals and Birds
# Administration of Justice
See also
*
Union List
*
State List
*
Constitution of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
*
Part Eleven of the Constitution of India
*
Federalism in India
References
{{India topics
Indian documents
History of the Republic of India
Constitution of India
Federalism in India