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Concurrent List

Not to be confused with the Concurrent Legislative List included in the Code of Criminal Procedure at
of Malaysia or of Pakistan the commencement of this Constitution.
3. Preventive detention for reasons connected
The Concurrent List or List-III (Seventh Schedule) is with the security of a State, the maintenance
a list of 52 items (though the last item is numbered 47) of public order, or the maintenance of supplies
given in the Seventh Schedule to the Constitution of In- and services essential to the community; per-
dia. The legislative section is divided into three lists: sons subjected to such detention.
Union List, State List and Concurrent List. Unlike the 4. Removal from one State to another State
federal governments of the United States, Switzerland or of prisoners, accused persons and persons sub-
Australia, residual powers remain with the Union Gov- jected to preventive detention for reasons spec-
ernment, as with the Canadian federal government.[1] ified in Entry 3 of this list.
Uniformity is desirable but not essential on items in the 5. Marriage and divorce; infants and minors;
concurrent list.[2] If any provision of a law made by the adoption; wills, intestacy and succession; joint
Legislature of a State is repugnant to any provision of a family and partition; all matters in respect of
law made by Parliament which Parliament is competent which parties in judicial proceedings were im-
to enact, or to any provision of an existing law with re- mediately before the commencement of this
spect to one of the matters enumerated in the Concurrent Constitution subject to their personal law.
List, then, the law made by Parliament, whether passed
6. Transfer of property other than agricultural
before or after the law made by the Legislature of such
land; registration of deeds and documents.
State, or, as the case may be, the existing law, shall prevail
and the law made by the Legislature of the State shall, to 7. Contracts including partnership, agency,
the extent of the repugnancy, be void. There is an excep- contracts of carriage, and other special forms
tion to this in cases “where a law made by the Legislature of contracts, but not including contracts relat-
of a State with respect to one of the matters enumerated ing to agricultural land.
in the Concurrent List contains any provision repugnant 8. Actionable wrongs.
to the provisions of an earlier law made by Parliament or
an existing law with respect to that matter, then, the law 9. Bankruptcy and insolvency.
so made by the Legislature of such State shall, if it has 10. Trust and Trustees.
been reserved for the consideration of the President and 11. Administrators – general and official
has received his assent, prevail in that State. Provided that trustees.
nothing in this clause shall prevent Parliament from en-
acting at any time any law with respect to the same matter 11-A. Administration of justice; constitution
including a law adding to, amending, varying or repealing and Organisation of all courts, except the
the law so made by the Legislature of the State.”[3] Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws,
public acts and records, and judicial proceed-
1 Items on the list ings.
13. Civil procedure, including all matters in-
The 52 items currently on the list are:[4][5] cluded in the Code of Civil Procedure at the
commencement of this Constitution, limitation
1. Criminal law, including all matters included and arbitration.
in the Indian Penal Code at the commence- 14. Contempt of court, but not including con-
ment of this Constitution but excluding of- tempt of the Supreme Court.
fences against laws with respect to any of the
matters specified in List I or List II and exclud- 15. Vagrancy; nomadic and migratory tribes.
ing the use of naval, military or air forces or any 16. Lunacy and mental deficiency, including
other armed forces of the Union in aid of the places for the reception or treatment of lunatics
civil power. and mental deficients.
2. Criminal procedure, including all matters 17. Prevention of cruelty to animals.

1
2 2 TRANSFERRED SUBJECTS

17-A. Forests. Union is declared by Par-


17-B. Protection of wild animals and birds. liament by law to be expe-
dient in the public inter-
18. Adulteration of foodstuffs and other goods. est, and imported goods
19. Drugs and poisons, subject to the pro- of the same kind as such
visions of Entry 59 of List I with respect to products
opium. (b) foodstuffs, including
edible oilseeds and oils
20. Economic and social planning.
(c) cattle fodder, includ-
20-A. Population control and family planning. ing oilcakes and other
21. Commercial and industrial monopolies, concentrates
combines and trusts. (d) raw cotton, whether
ginned or unginned, and
22. Trade unions; industrial and labour dis- cotton seed; and
putes. (e) raw jute.
23. Social security and social insurance;
employment and unemployment. 33-A. Weights and measures except establish-
ment of standards.
24. Welfare of labour including conditions
34. Price control.
of work, provident funds, employers’ liability,
workmen’s compensation, invalidity and old 35. Mechanically propelled vehicles including
age pensions and maternity benefits. the principles on which taxes on such vehicles
are to be levied.
25. Education, including technical education,
medical education and universities, subject to 36. Factories.
the provisions of Entries 63, 64, 65 and 66 37. Boilers.
of List I; vocational and technical training of
38. Electricity.
labour.
39. Newspapers, books and printing presses.
26. Legal, medical and other professions.
40. Archaeological sites and remains other
27. Relief and rehabilitation of persons dis- than those declared by or under law made by
placed from their original place of residence Parliament to be of national importance.
by reason of the setting up of the Dominions
of India and Pakistan. 41. Custody, management and disposal of
property (including agricultural land) declared
28. Charities and charitable institutions, char- by law to be evacuee property.
itable and religious endowments and religious
42. Acquisition and requisitioning of property.
institutions.
43. Recovery in a State of claims in respect
29. Prevention of the extension from one State
of taxes and other public demands, including
to another of infectious or contagious diseases
arrears of land-revenue and sums recoverable
or pests affecting men, animals or plants.
as such arrears, arising outside that State.
30. Vital statistics including registration of
44. Stamp duties other than duties or fees col-
births and deaths.
lected by means of judicial stamps, but not in-
31. Ports other than those declared by or under cluding rates of stamp duty.
law made by Parliament or existing law to be 45. Inquiries and statistics for the purposes of
major ports. any of the matters specified in List II or List
32. Shipping and navigation on inland wa- III.
terways as regards mechanically propelled 46. Jurisdiction and powers of all courts, ex-
vessels, and the rule of the road on such cept the Supreme Court, with respect to any of
waterways, and the carriage of passengers and the matters in this List.
goods on inland waterways subject to the pro-
visions of List I with respect to national water- 47. Fees in respect of any of the matters in this
ways. List, but not including fees taken in any court.

33. Trade and commerce in, and the


production, supply and distribution of,-
2 Transferred Subjects
(a) the products of any in-
dustry where the control Through the 42nd Amendment Act of 1976 Five subjects
of such industry by the were transferred from State to Concurrent List. They are:
3

1. Education

2. Forests
3. Weights & Measures

4. Protection of Wild Animals and Birds


5. Administration of Justice

3 See also
• Union List

• State List
• Constitution of India

• Part Eleven of the Constitution of India


• Federalism in India

4 References
[1] Robert L. Hardgrave and Stanley A. Koachanek (2008).
India: Government and politics in a developing nation
(Seventh ed.). Thomson Wadsworth. p. 146. ISBN 978-
0-495-00749-4.

[2] Babulal Fadia (1984). State politics in India Volume I. Ra-


diant publishers, New Delhi. pp. 92–122.

[3] “Part XI - Relations between the Union and the States”


(PDF). Ministry of Law and Justice. Retrieved 2013-03-
25. This article incorporates text from this source, which is
in the public domain.

[4] “The Concurrent Subject List”. Vakilbabu.com. Re-


trieved 2013-03-25. This article incorporates text from this
source, which is in the public domain.

[5] “Seventh Schedule”. Constitution.org. Retrieved 2013-


03-25. This article incorporates text from this source,
which is in the public domain.
4 5 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

5 Text and image sources, contributors, and licenses


5.1 Text
• Concurrent List Source: https://en.wikipedia.org/wiki/Concurrent_List?oldid=734564274 Contributors: Rsrikanth05, Shirishag75, VMS
Mosaic, Takamaxa, Yobot, Diannaa, DRAGON BOOSTER, Titodutta, BigJolly9, Sminthopsis84, Comp.arch, Sacagrw, Parveer Grewal,
Soulkiller goku, Raviteja dara, Turnup2326, Eshaan gupta and Anonymous: 7

5.2 Images
• File:Emblem_of_India.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/55/Emblem_of_India.svg License: Public do-
main Contributors: www.supremecourtofindia.nic.in Original artist: Defined by the Indian government as national emblem
• File:Flag_of_India.svg Source: https://upload.wikimedia.org/wikipedia/en/4/41/Flag_of_India.svg License: Public domain Contributors:
? Original artist: ?

5.3 Content license


• Creative Commons Attribution-Share Alike 3.0

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