Constitution of India, 1949
(Article 246)
List I—Union List
1. Defense of India and every part thereof
including preparation for defense and all such acts as may be conducive in times
of war to its prosecution and after its termination of effective
demobilization.
2. Naval, military and air forces; any other
armed forces of the Union.
2A. Deployment of any armed force of the Union
or any other force subject to the control of the Union or any contingent or
unit thereof in any State in aid of the civil power; powers, jurisdiction,
privileges and liabilities of the members of such forces while on such
deployment.
3. Delimitation of cantonment areas, local
self-government in such areas, the constitution and powers within such areas of
cantonment authorities and the regulation of house accommodation (including the
control of rents) in such areas.
4. Naval, military and air force
works.
5. Arms, firearms, ammunition and
explosives.
6. Atomic energy and mineral resources
necessary for its production.
7. Industries declared by Parliament by law to
be necessary for the purpose of defense or for the prosecution of
war.
8. Central Bureau of Intelligence and Investigation.
9. Preventive detention for reasons connected
with Defense, Foreign Affairs, or the security of India; persons subjected to
such detention.
10. Foreign affairs; all matters which bring
the Union into relation with any foreign country.
11. Diplomatic, consular and trade
representation.
12. United Nations Organization.
13. Participation in international
conferences, associations and other bodies and implementing of decisions made
thereat.
14. Entering into treaties and agreements with
foreign countries and implementing of treaties, agreements and conventions with
foreign countries.
15. War and peace.
16. Foreign jurisdiction.
17. Citizenship, naturalization and aliens.
18. Extradition.
19. Admission into, and emigration and
expulsion from, India; passports and visas.
20. Pilgrimages to places outside India.
21. Piracies and crimes committed on the high
seas or in the air; offences against the law of nations committed on land or
the high seas or in the air.
22. Railways.
23. Highways declared by or under law made by
Parliament to be national highways.
24. Shipping and navigation on inland
waterways, declared by Parliament by law to be national waterways, as regards
mechanically propelled vessels; the rule of the road on such waterways.
25. Maritime shipping and navigation,
including shipping and navigation on tidal waters; provision of education and
training for the mercantile marine and regulation of such education and
training provided by States and other agencies.
26. Lighthouses, including lightships, beacons
and other provisions for the safety of shipping and aircraft.
27. Ports declared by or under law made by
Parliament or existing law to be major ports, including their delimitation and
the constitution and powers of port authorities therein.
28. Port quarantine, including hospitals
connected therewith; seamen’s and marine hospitals.
29. Airways; aircraft and air navigation; provision
of aerodromes; regulation and organization of air traffic and of aerodromes;
provision for aeronautical education and training and regulation of such
education and training provided by States and other agencies.
30. Carriage of passengers and goods by
railway, sea or air, or by national waterways in mechanically propelled
vessels.
31. Posts and telegraphs; telephones,
wireless, broadcasting and other like forms of communication.
32. Property of the Union and the revenue
there from, but as regards property situated in a State *** subject to
legislation by the State, save in so far as Parliament by law otherwise
provides.
***
34. Courts of wards for the estates of Rulers
of Indian States.
35. Public debt of the Union.
36. Currency, coinage and legal tender;
foreign exchange.
37. Foreign loans.
38. Reserve Bank of India.
39. Post Office Savings Bank.
40. Lotteries organized by the Government of
India or the Government of a State.
41. Trade and commerce with foreign countries;
import and export across customs frontiers; definition of customs frontiers.
42. Inter-State trade and commerce.
43. Incorporation, regulation and winding up
of trading corporations, including banking, insurance and financial
corporations but not including co-operative societies.
44. Incorporation, regulation and winding up
of corporations, whether trading or not, with objects not confined to one
State, but not including universities.
45. Banking.
46. Bills of exchange, cheques, promissory notes
and other like instruments.
47. Insurance.
48. Stock exchanges and futures markets.
49. Patents, inventions and designs; copyright;
trade-marks and merchandise marks.
50. Establishment of standards of weight and
measure.
51. Establishment of standards of quality for
goods to be exported out of India or transported from one State to another.
52. Industries, the control of which by the
Union is declared by Parliament by law to be expedient in the public interest.
53. Regulation and development of oil fields
and mineral oil resources; petroleum and petroleum products; other liquids and
substances declared by Parliament by law to be dangerously inflammable.
54. Regulation of mines and mineral
development to the extent to which such regulation and development under the
control of the Union is declared by Parliament by law to be expedient in the
public interest.
55. Regulation of labor and safety in mines
and oilfields.
56. Regulation and development of inter-State
rivers and river valleys to the extent to which such regulation and development
under the control of the Union is declared by Parliament by law to be expedient
in the public interest.
57. Fishing and fisheries beyond territorial
waters.
58. Manufacture, supply and distribution of
salt by Union agencies, regulation and control of manufacture, supply and
distribution of salt by other agencies.
59. Cultivation, manufacture, and sale for
export, of opium.
60. Sanctioning of cinematograph films for
exhibition.
61. Industrial disputes concerning Union
employees.
62. The institutions known at the commencement
of this Constitution as the National Library, the Indian Museum, the Imperial
War Museum, the Victoria Memorial and the Indian War Memorial, and any other
like institution financed by the Government of India wholly or in part and
declared by Parliament by law to be an institution of national importance.
63. The institutions known at the commencement
of this Constitution as the Banaras Hindu University, the Aligarh Muslim
University and the Delhi University; the University established in pursuance of
article 371E; any other institution declared by Parliament by law to be an
institution of national importance.
64. Institutions for scientific or technical
education financed by the Government of India wholly or in part and declared by
Parliament by law to be institutions of national importance.
65. Union agencies and institutions for—
(a) professional,
vocational or technical training, including the training of police officers; or
(b) the promotion of
special studies or research; or
(c) scientific or
technical assistance in the investigation or detection of crime.
66. Co-ordination and determination of
standards in institutions for higher education or research and scientific and
technical institutions.
67. Ancient and historical monuments and
records, and archaeological sites and remains, declared by or under law made by
Parliament to be of national importance.
68. The Survey of India, the Geological,
Botanical, Zoological and Anthropological Surveys of India; Meteorological
organizations.
69. Census.
70. Union Public Services; All-India Services;
Union Public Service Commission.
71. Union pensions, that is to say, pensions payable
by the Government of India or out of the Consolidated Fund of India.
72. Elections to Parliament, to the
Legislatures of States and to the offices of President and Vice-President; the
Election Commission.
73. Salaries and allowances of members of
Parliament, the Chairman and Deputy Chairman of the Council of States and the
Speaker and Deputy Speaker of the House of the People.
74. Powers, privileges and immunities of each
House of Parliament and of the members and the Committees of each House;
enforcement of attendance of persons for giving evidence or producing documents
before committees of Parliament or commissions appointed by Parliament.
75. Emoluments, allowances, privileges, and
rights in respect of leave of absence, of the President and Governors; salaries
and allowances of the Ministers for the Union; the salaries, allowances, and
rights in respect of leave of absence and other conditions of service of the
Comptroller and Auditor-General.
76. Audit of the accounts of the Union and of the States.
77. Constitution, organization, jurisdiction
and powers of the Supreme Court (including contempt of such Court), and the
fees taken therein; persons entitled to practice before the Supreme Court.
78. Constitution and Organization (including
vacations) .of the High Courts except provisions as to officers and servants of
High Courts; persons entitled to practice before the High Courts.
79. Extension of the jurisdiction of a High
Court to, and exclusion of the jurisdiction of a High Court from, any Union
territory.
80. Extension of the powers and jurisdiction
of members of a police force belonging to any State to any area outside that
State, but not so as to enable the police of one State to exercise powers and
jurisdiction in any area outside that State without the consent of the
Government of the State in which such area is situated; extension of the powers
and jurisdiction of members of a police force belonging to any State to railway
areas outside that State.
81. Inter-State migration; inter-State
quarantine.
82. Taxes on income other than agricultural
income.
83. Duties of customs including export duties.
84. Duties of excise on tobacco and other
goods manufactured or produced in India except—
(a) alcoholic liquors for
human consumption.
(b) opium, Indian hemp
and other narcotic drugs and narcotics, but including medicinal and toilet
preparations containing alcohol or any substance included in sub-paragraph (b)
of this entry.
85. Corporation tax.
86. Taxes on the capital value of the assets,
exclusive of agricultural land, of individuals and companies; taxes on the
capital of companies.
87. Estate duty in respect of property other
than agricultural land.
88. Duties in respect of succession to
property other than agricultural land.
89. Terminal taxes on goods or passengers,
carried by railway, sea or air; taxes on railway fares and freights.
90. Taxes other than stamp duties on
transactions in stock exchanges and futures markets.
91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.
92. Taxes on the sale or purchase of
newspapers and on advertisements published therein.
92A. Taxes on the sale or purchase of goods
other than newspapers, where such sale or purchase takes place in the course of
inter-State trade or commerce.
92B. Taxes on the consignment of goods
(whether the consignment is to the person making it or to any other person),
where such consignment takes place in the course of inter-State trade or
commerce.
93. Offences against laws with respect to any
of the matters in this List.
94. Inquiries, surveys and statistics for the purpose
of any of the matters in this List.
95. Jurisdiction and powers of all courts,
except the Supreme Court, with respect to any of the matters in this List;
admiralty jurisdiction.
96. Fees in respect of any of the matters in
this List, but not including fees taken in any court.
97. Any other matter not enumerated in List II
or List III including any tax not mentioned in either of those Lists.
List II—State List
1. Public order (but not including the use of
any naval, military or Air force or any other armed force of the Union or of
any other force subject to the control of the Union or of any contingent or
unit thereof in aid of the civil power).
2. Police (including railway and village
police) subject to the provisions of entry 2A of List I.
3. *** Officers and servants of the High
Court; procedure in rent and revenue courts; fees taken in all courts except
the Supreme Court.
4. Prisons, reformatories, Borstal
institutions and other institutions of a like nature, and persons detained
therein; arrangements with other States for the use of prisons and other
institutions.
5. Local government, that is to say, the
constitution and powers of municipal corporations, improvement trusts, district
boards, mining settlement authorities and other local authorities for the
purpose of local self-government or village administration.
6. Public health and sanitation; hospitals and
dispensaries.
7. Pilgrimages, other than pilgrimages to
places outside India.
8. Intoxicating liquors, that is to say, the
production, manufacture, possession, transport, purchase and sale of
intoxicating liquors.
9. Relief of the disabled and unemployable.
10. Burials and burial grounds; cremations and
cremation grounds.
***
12. Libraries, museums and other similar
institutions controlled or financed by the State; ancient and historical
monuments and records other than those declared by or under law made by
Parliament to be of national importance.
13. Communications, that is to say, roads,
bridges, ferries, and other means of communication not specified in List I;
municipal tramways; ropeways; inland waterways and traffic thereon subject to
the provisions of List I and List III with regard to such waterways; vehicles
other than mechanically propelled vehicles.
14. Agriculture, including agricultural
education and research, protection against pests and prevention of plant
diseases.
15. Preservation, protection and improvement
of stock and prevention of animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle
trespass.
17. Water, that is to say, water supplies,
irrigation and canals, drainage and embankments, water storage and water power
subject to the provisions of entry 56 of List I.
18. Land, that is to say, right in or over
land, land tenures including the relation of landlord and tenant, and the
collection of rents; transfer and alienation of agricultural land; land
improvement and agricultural loans; colonization.
***
21. Fisheries.
22. Courts of wards subject to the provisions
of entry 34 of List I; encumbered and attached estates.
23. Regulation of mines and mineral
development subject to the provisions of List I with respect to regulation and
development under the control of the Union.
24. Industries subject to the provisions of
entries 7 and 52 of List I.
25. Gas and gas-works.
26. Trade and commerce within the State
subject to the provisions of entry 33 of List III.
27. Production, supply and distribution of
goods subject to the provisions of entry 33 of List III.
28. Markets and fairs.
***
30. Money-lending and money-lenders; relief of
agricultural indebtedness.
31. Inns and inn-keepers.
32. Incorporation, regulation and winding up
of corporation, other than those specified in List I, and universities;
unincorporated trading, literacy, scientific, religious and other societies and
associations; co-operative societies.
33. Theaters and dramatic performances;
cinemas subject to the provisions of entry 60 of List 1; sports, entertainments
and amusements.
34. Betting and gambling.
35. Works, lands and buildings vested in or in
the possession of the State.
***
37. Elections to the Legislature of the State
subject to the provisions of any law made by Parliament.
38. Salaries and allowances of members of the
Legislature of the State, of the Speaker and Deputy Speaker of the Legislative
Assembly and, if there is a Legislative Council, of the Chairman and Deputy
Chairman thereof.
39. Powers, privileges and immunities of the
Legislative Assembly and of the members and the committees thereof, and, if
there is a Legislative Council, of that Council and of the members and the
committees thereof; enforcement of attendance of persons for giving evidence or
producing documents before committees of the Legislature of the State.
40. Salaries and allowances of Ministers for
the State.
41. State public services; State Public
Service Commission.
42. State pensions, that is to say, pensions
payable by the State or out of the Consolidated Fund of the State.
43. Public debt of the State.
44. Treasure trove.
45. Land revenue, including the assessment and
collection of revenue, the maintenance of land records, survey for revenue
purposes and records of rights, and alienation of revenues.
46. Taxes on agricultural income.
47. Duties in respect of succession to
agricultural land.
48. Estate duty in respect of agricultural
land.
49. Taxes on lands and buildings.
50. Taxes on mineral rights subject to any
limitations imposed by Parliament by law relating to mineral development.
51. Duties of excise on the following goods
manufactured or produced in the State and countervailing duties at the same or
lower rates on similar goods manufactured or produced elsewhere in India:—
(a) alcoholic liquors
for human consumption;
(b) opium, Indian hemp
and other narcotic drugs and narcotics; but not including medicinal and toilet
preparations containing alcohol or any substance included in sub-paragraph (b)
of this entry.
52. Taxes on the entry of goods into a local
area for consumption, use or sale therein.
53. Taxes on the consumption or sale of
electricity.
54. Taxes on the sale or purchase of goods
other than newspapers, subject to the provisions of entry 92A of List
I.
55. Taxes on advertisements other than
advertisements published in the newspapers and advertisements broadcast by
radio or television.
56. Taxes on goods and passengers carried by
road or on inland waterways.
57. Taxes on vehicles, whether mechanically
propelled or not, suitable for use on roads, including tramcars subject to the
provisions of entry 35 of List III.
58. Taxes on animals and boats.
59. Tolls.
60. Taxes on professions, trades, callings and
employments.
61. Captivation taxes.
62. Taxes on luxuries, including taxes on
entertainments, amusements, betting and gambling.
63. Rates of stamp duty in respect of documents
other than those specified in the provisions of List I with regard to rates of
stamp duty.
64. Offences against laws with respect to any
of the matters in this List.
65. Jurisdiction and powers of all courts,
except the Supreme Court, with respect to any of the matters in this List.
66. Fees in respect of any of the matters in
this List, but not including fees taken in any court.
List III—Concurrent List
1. Criminal law, 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 or air forces or any other
armed forces of the Union in aid of the civil power.
2. Criminal procedure, 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
prisoners, accused persons and persons subjected to preventive detention for
reasons specified in entry 3 of this List.
5. Marriage and divorce; infants and minors;
adoption; wills, intestacy 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; registration of deeds and documents.
7. Contracts, including partnership, agency,
contracts of carriage, and other special forms of contracts, but not including
contracts relating to agricultural land.
8. Actionable wrongs.
9. Bankruptcy and insolvency.
10. Trust and Trustees.
11. Administrators-general and official
trustees.
11A. Administration of justice; constitution
and organization of all courts, except the Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws,
public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included
in the Code of Civil Procedure at the commencement of this Constitution,
limitation and arbitration.
14. Contempt of court, but not including
contempt of the Supreme Court.
15. Vagrancy; 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.
17A. Forests.
17B. Protection of wild animals and birds.
18. Adulteration of foodstuffs and other
goods.
19. Drugs and poisons, subject to the
provisions of entry 59 of List I with respect to opium.
20. Economic and social planning.
20A. Population control and family planning.
21. Commercial and industrial monopolies,
combines and trusts.
22. Trade unions; industrial and labor
disputes.
23. Social security and social insurance;
employment and unemployment.
24. Welfare of labor including conditions of
work, provident funds, employers’ liability, workmen’s compensation, invalidity
and old age pensions and maternity benefits.
25. Education, including technical education,
medical education and universities, subject to the provisions of entries 63,
64, 65 and 66 of List I; vocational and technical training of labor.
26. Legal, medical and other professions.
27. Relief and rehabilitation of persons
displaced from their original place of residence by reason of the setting up of
the Dominions of India and Pakistan.
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. Ports other than those declared by or
under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland
waterways as regards mechanically propelled vessels, and the rule of the road
on such waterways, and the carriage of passengers and goods on inland waterways
subject to the provisions of List I with respect to national waterways.
33. Trade and commerce 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) foodstuffs,
including edible oilseeds and oils;
(c) cattle fodder,
including oilcakes and other concentrates;
(d) raw cotton,
whether ginned or unginned, and cotton seed; an
(e) raw jute.
33A. 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.
39. Newspapers, books and printing presses.
40. Archaeological sites 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.
