(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.

Debate Summary

Article 217, Draft Constitution, 1948

(1) Notwithstanding anything in the two next succeeding clauses, 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 the next succeeding clause, Parliament and, subject to the preceding clause, the Legislature of any State for the time being specified in Part I of the First Schedule 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 the two preceding clauses, the Legislature of any State for the time being specified in Part I of the First Schedule 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 for the time being in Part I or Part III of the First Schedule notwithstanding that such matter is a matter enumerated in the State List.

 

Draft Article 217 (Article 246, Constitution of India, 1950) was debated on 13 June 1949. It delineated the power to legislate on various subjects between the Parliament and the State Legislatures based on three lists. 

 

One member suggested that since the residuary power vested in the Parliament, Draft Article 217 should give the State Legislatures the power to make laws on subjects in List I, the Parliament and the State Legislatures the power to make laws on subjects in List II and the Parliament the power to make laws on matters not covered in List I and List II. Further, it was also suggested that a provision must be introduced to provide that the power to legislate will extend to matters essential for the effective exercise of the legislative authority by the respective law-making authority. However, these amendments were not accepted.

 

Other minor amendments were introduced to the draft article.  

 

Draft Article 217 with the minor amendments was adopted on 13th June,1949.