Q. How Legislative powers are distributed between the Union and the States as per our Constitution under Article 246?
Legislative powers are distributed between Union and States under Article 246 of the Constitution as under:
(a) Parliament may make laws for whole or any territory in India.
(b) State Legislature may make laws for whole or any part of the State under the Constitution of India, the various matters of legislation have been detailed in the Seventh Schedule of the Constitution. There are three lists in the Schedule, viz,
(i) Union List
The items mainly included in the list are of national and international importance such as, Defence, Foreign Affairs, Banking, Currency etc.
(ii) State List
The items mainly included in the list are of the local importance such as Police, Agriculture, Public Health etc.
(iii) Concurrent List
Items mentioned in this list on which the Union and the States have the power to make laws are such as Criminal Law, Forest, Education, Civil Procedure, Marriage Trust, and Welfare of the Labour etc.
It may be mentioned here that Central Law prevails over the State Law, if any, on the subject except in cases where the State Law has been assented to by the President. But Parliament is competent to any time to enact any law with respect to same matter including a law adding to, amending, varying or repealing the law made by State Legislature.