Question

On which list of the constitution of India can both the central and state legislatures legislate?

• A. Union list
• B. State list
• C. Concurrent list
• D. Residual powers

Hint:

Remember the key feature of the Concurrent List: shared legislative power. Also, remember the conflict resolution rule: if there's a conflict, the Union law overrides the State law. This concept is borrowed from the Australian Constitution.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks to identify the legislative list on which both the Union (Central) and the State governments have the power to make laws.
Step 2: Key Concept:
The Seventh Schedule of the Indian Constitution divides the subjects for legislation between the Union and the States into three lists.
Step 3: Detailed Explanation:
- (A) Union List: Contains subjects of national importance (like defence, foreign affairs, banking) on which only the Parliament can legislate.
- (B) State List: Contains subjects of local and state importance (like police, public health, agriculture) on which only the state legislatures can legislate.
- (C) Concurrent List: Contains subjects of common interest to both the Union and the States (like education, forests, marriage, criminal law). On these subjects, both the Parliament and the state legislatures can make laws. In case of a conflict between a central law and a state law on a concurrent subject, the central law prevails.
- (D) Residual powers: Refers to the power to make laws on subjects not mentioned in any of the three lists. In India, these powers are vested in the Parliament.
Step 4: Final Answer
Both the central and state legislatures can legislate on the subjects mentioned in the Concurrent List.