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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 246
Subject-matter of laws made by Parliament and by the Legislatures of States

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26 Parts12 Schedules506 indexed article entries, including historical omissions
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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 246 / Part XI

Subject-matter of laws made by Parliament and by the Legislatures of States

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

The Union, State and Concurrent Lists distribute legislative subjects between Parliament and State legislatures. The priority rules here and special provisions elsewhere determine the result where fields overlap.

Who can make laws and how Union and State executive responsibilities interact.

IN EVERYDAY LIFE · ILLUSTRATIVE EXAMPLE

For a proposed law, first identify its subject in the legislative lists, then check special constitutional rules.

PURPOSE & CONTEXT

Why is this provision here?

A federation needs a legal division of lawmaking subjects and rules for overlap rather than unrestricted competing legislative claims.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
246. Subject-matter of laws made by Parliament and by the Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State *** also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State *** has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [in a State] notwithstanding that such matter is a matter enumerated in the State List.
Source-page notes · may concern neighbouring Articles

1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 2. Subs. by s. 29 and Sch., ibid., for "in Part A or Part B of the First Schedule" (w.e.f. 1-11-1956). 3. Ins. by the Constitution (One Hundred and First Amendment) Act, 2016, s. 2 (w.e.f. 16-9-2016).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.

FOLLOW THE PARLIAMENTARY RECORD

References naming Article 246

These stored records explicitly mention this Article. A mention does not establish that it was amended or that a particular interpretation is correct. Read the original source for context.