This list has at present 98 subjects (originally 97 subjects)(101st constitutional amendment Act 2016 removed 92 and 92C) like defence, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit and so on.
This has at present 59 subjects (originally 66 subjects) (101st constitutional amendment Act, 2016 removed 52 and 55) like public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theaters, gambling and so on.
(iii) Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.
This list has at present 52 subjects (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labour wel-fare, economic and social planning, drugs, newspapers, books and printing press, and others.
The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament.
The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list.
The Government of India (GoI) Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent.
In other words, the Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances: When Rajya Sabha Passes a Resolution: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter.
The effect of passing a resolution under the above provision is that the Parliament becomes entitled to legislate with respect to a matter for which it has no power to make a law.
On the other hand, the state legislature ceases to have the power to make a law with respect to that matter.
This means that the period for which such a law remains in force is not co-terminus with the duration of the President's rule.
In this context, the Sarkaria Commission on Centre–State Relations (1983–87) observed: “The rule of federal supremacy is a technique to avoid absurdity, resolve conflict and ensure harmony between the Union and state laws.
There will be every possibility of our two-tier political system being stultified by interference, strife, legal chaos and confusion caused by a host of conflicting laws, much to the bewilderment of the common citizen.
Integrated legislative policy and uniformity on basic issues of common Union–state concern will be stymied.
Provided that nothing in this clause shall be taken restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of Union with respect to highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.
This lacuna has been found to be of practical consequence in connection with the execution of certain development projects in the States.
Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.