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Report No. 189

Powers of Parliament and State Legislatures

Article 246 (1) of the Constitution of India refers to the powers of the Parliament and the State Legislatures in respect of matters referred to in the Seventh Schedule. Parliament has the exclusive power to make laws with respect to any of the matter enumerated in List I (Union List). Parliament can also make laws with respect to any matter mentioned in List III, i.e. Concurrent List, [Art. 246(2)]. So far as making of a law in respect to any of matter enumerated in List II (State List) is concerned, only the legislature of a State has the exclusive power to make laws [Art.246(3)]. However, the Parliament can enact a law on a subject mentioned in the 'State List' only in the following circumstances:-

(a) Law, which is applicable to any part of the territory of India not included in a State, i.e. Union Territories [Art.246(4)]

(b)When it is necessary in national interest (Art.249)

(c) When proclamation of Emergency is in operation (Art.250)

(d)When two or more States desire and pass a resolution (Art.252) and

(e) For giving effect to international agreements etc. (Art.253)

Specific entries in the Lists I, II and III of the Seventh Schedule to the Constitution of India relate to the subject of 'Court fees' and reads as follows:

Revision of Court Fees Structure Back

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