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The Punjab assembly adopting a resolution that rejected the new central farm laws and passing four bills to counter the controversial farm legislation enacted by Parliament. LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS The Centre and the State are an essential feature…

Continue reading ➞ The Punjab assembly adopting a resolution that rejected the new central farm laws and passing four bills to counter the controversial farm legislation enacted by Parliament. LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS The Centre and the State are an essential feature of Federalism. Constitution of India provides for a division of powers between the Union (Centre) and states. It divides all the subjects into 3 lists – Union List, State List, and Concurrent List. The Seventh Schedule to the Constitution of India defines and specifies allocation of powers and functions between Union & States The Union List describe the subjects under the control Centre Government; Art 246(1) The State List describes the subjects under the jurisdiction of states. Art 246(3) The Concurrent List describes the subjects which are under the joint jurisdiction of the Centre of States. Art 246(2) The subjects which do not fall in these lists i.e. residuary subjects have been given to the Centre. Art 248 1. The Union List Subjects (97 Subjects): The Union List is the longest of the three lists. It lists 99 subjects on which the Union Parliament can pass laws. The main subjects of the Union List are: Defense, Foreign Affairs, Currency and Coinage, War and Peace, Atomic Energy, National Resources, Railways, Post and Telegraph, Citizenship, Navigation and Shipping, Foreign Trade, Inter-State Trade and Commerce, Banking, Insurance, National Highways, Census, Election, Institutions of higher education and others. 2. State List (66 Subjects): State List enumerates the subjects on which each State Legislature can legislate and such laws operate within the territory of each state. The main subjects of the State List are: public order, police, state court fees, prisons, local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India, intoxicating liquors, relief of disabled and unemployable, libraries, communications, agriculture, animal husbandry, water supply, irrigation and canals, fisheries, road passenger tax and goods tax, capitation tax and others. 3. Concurrent List (46 Subjects): The Union Parliament, as well as the State Legislatures, have the power to legislate over the subjects listed in List III (Concurrent List). The main subjects listed in this list are : criminal law, criminal procedure, preventive detention for reasons concerned with the security of state, marriage and divorce, transfer of property other than agricultural land, contract, actionable wrongs, bankruptcy and insolvency, trust and trustees, administration of justice, evidence and oaths, civil procedure, contempt of court, lunacy, prevention of cruelty to animals, forests, protection of wild animals and birds, population control and family planning, trade unions, education, labour welfare, inland shipping and navigation, food stuffs, price control, stamp duties, and others. Residuary Powers: The Constitution vests the residuary powers of legislation with the Union. Article 248 states: “The Union Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List.” “Such power shall include the power of making any law and imposing a tax not mentioned in either of these lists.” Thus, the Constitution of India creates a clear-cut division of legislative powers between the Union and the States Art 254 talks about the inconsistency between laws made by Parliament and laws made by the legislatures of States with respect to one of the matters mentioned in the concurrent list then the laws made by the state legislature shall prevail if it has been reserved for the consideration of the President and has received his assent, but the Parliament can amend or repeal with respect to the same subject matter so made by the Legislature of the State.