Constitutional Basis
- Provided under Article 246 of the Constitution of India.
- Enumerated in List III of the Seventh Schedule.
- Contains subjects on which both Parliament and State Legislatures can make laws.
Rationale
The Concurrent List reflects the cooperative federal structure of India by:
- Allowing uniformity in essential matters across the country.
- Permitting States to legislate based on regional requirements.
- Maintaining flexibility within a strong Centre framework.
Nature of Legislative Power
- Both Union and State Governments can legislate on subjects in the Concurrent List.
- If there is inconsistency between a Central and State law, Article 254 applies.
Doctrine of Repugnancy (Article 254)
- If a State law conflicts with a Central law on a Concurrent subject, the Central law prevails.
- However, if a State law:
- Has been reserved for the President’s consideration, and
- Receives Presidential assent,
- then the State law prevails within that State.
- Parliament retains the power to override such a State law later.
Important Subjects in the Concurrent List
The Concurrent List originally had 47 subjects; currently it contains more due to constitutional amendments.
Key subjects include:
- Criminal law and criminal procedure
- Civil procedure
- Marriage and divorce
- Adoption and succession
- Education (shifted from State List by the 42nd Constitutional Amendment Act, 1976)
- Forests (added by 42nd Amendment)
- Protection of wild animals and birds
- Trade unions
- Labour welfare
- Electricity
- Economic and social planning
- Population control and family planning
Significance
- Promotes national uniformity in critical legal and social matters.
- Balances regional autonomy with national integration.
- Reflects India’s quasi-federal character with a centralizing bias.
- Strengthens legislative coordination between Centre and States.
Key Amendment Impact
42nd Constitutional Amendment Act, 1976
- Transferred the following subjects from State List to Concurrent List:
- Education
- Forests
- Weights and measures
- Protection of wild animals and birds
- Administration of justice (in part)
This strengthened the Centre’s legislative reach in socio-economic sectors.
Comparative Position
- Union List (List I): Parliament has exclusive power.
- State List (List II): State Legislatures have exclusive power (subject to certain exceptions).
- Concurrent List (List III): Both can legislate, subject to Article 254.
The Concurrent List embodies the principle of cooperative federalism, ensuring that subjects of shared national and regional importance remain within the legislative competence of both levels of government while preserving parliamentary supremacy in case of conflict.
