bill no x of 2016 the constitution (amendment) bill, 2016 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016(2) it shall come into force at onceshort title and commencement2 in article 246 of the constitution,—amendment of article 246(i) clause (2) shall be omitted(ii) for clause (3), the following shall be substituted, namely:—3 for article 248 of the constitution, the following shall be substituted, namely,—substitution of new article for article 248"248 (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the state list5(2) such power shall include the power of making any law imposing a tax not mentioned in that list"4 for article 254 of the constitution, the following shall be substituted, namely,—substitution of new article for article 25410"254 if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament is competent to enact, then, the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void"5 in the seventh schedule to the constitution,—(i) for entries in list i—union list, the following shall be substituted, namely:—amendment of the seventh schedule15"1 defence of india and every part thereof including preparation fordefence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation2 naval, military and air forces; any other armed forces of the union203 deployment of any armed force of the union or any other force subject to the control of the union or any contingent or unit thereof in any state in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment254 delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas5 naval, military and air force works 6 arms, firearms, ammunition and explosives excluding civil use 7 atomic energy and mineral resources necessary for its production308 industries declared by parliament by law to be necessary for the purposeof defence or for the prosecution of war9 central bureau of intelligence and investigation 10 preventive detention for reasons connected with defence, foreignaffairs, or the security of india; persons subjected to such detention3511 foreign affairs; all matters which bring the union into relation with anyforeign country12 diplomatic, consular and trade representation 13 united nations organisation14 participation in international conferences, associations and other bodies and implementing of decisions made thereat4015 entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries16 war and peace 17 foreign jurisdiction 18 citizenship, naturalisation and aliens 19 extradition 20 admission into, and emigration and expulsion from, india; passportsand visas21 pilgrimages to places outside india522 piracies and crimes committed on the high seas or in the air; offencesagainst the law of nations committed on land or the high seas or in the air1023 transport for carriage of goods and persons by highways, shippingand navigation on inland waterways or railways declared by or under law made by parliament to be national highways, waterways or railways respectively in mechanically propelled vehicles1524 maritime shipping and navigation, including shipping and navigationon tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by states and other agencies25 lighthouses, including lightships, beacons and other provision forthe safety of shipping and aircraft2026 ports declared by or under law made by parliament or existing law to bemajor ports, including their delimitation, and the constitution and powers of port authorities therein27 port quarantine, including hospitals connected therewith; seamen'sand marine hospitals2528 airways; aircraft and air navigation; provision of aerodromes; regulationand organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by states and other agencies29 posts and telegraphs; telephones; wireless, broadcasting and otherlike forms of communication3030 property of the union and the revenue therefrom, but as regardsproperty situated in a state subject to legislation by the state, save in so far as parliament by law otherwise provides31 courts of wards for the estates of rulers of indian states 32 public debt of the union 33 currency, coinage and legal tender; foreign exchange 34 foreign loans 35 reserve bank of india3536 post office savings bank 37 trade and commerce with foreign countries; import and export acrosscustoms frontiers; definition of customs frontiers38 inter-state trade and commerce4039 incorporation, regulation and winding up of trading corporations,including banking, insurance and financial corporations, but not including co-operative societies40 incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one state, but not including universities41 banking 42 bills of exchange, cheques, promissory notes and other like instruments543 stock exchanges and futures markets 44 patents, inventions and designs; copyright; trade-marks andmerchandise marks45 establishment of standards of weight and measure1046 establishment of standards of quality for goods to be exported out of india or transported from one state to another47 industries, the control of which by the union is declared by parliament by law to be expedient in the public interest1548 regulation and development of oilfields and mineral oil resources;petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable49 regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest2050 regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest51 fishing and fisheries beyond territorial waters 52 sanctioning of cinematograph films for exhibition2553 the institutions known at the commencement of this constitution as the national library, the indian museum, the imperial war museum, the victoria memorial and the indian war memorial, and any other like institution financed by the government of india wholly or in part and declared by parliament by law to be an institution of national importance3054 the institutions known at the commencement of this constitution as the benaras hindu university, the aligarh muslim university and the delhi university; the university established in pursuance of article 371e; any other institution declared by parliament by law to be an institution of national importance3555 institutions for scientific or technical education financed by the government of india wholly or in part and declared by parliament by law to be institutions of national importance4056 ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by parliament to be of national importance57 the survey of india, the geological, botanical, zoological and anthropological surveys of india; meteorological organisations58 census4559 union public service; all-india services; union public service commission60 union pensions, that is to say, pensions payable by the government of india or out of the consolidated fund of india61 elections to parliament, to the legislatures of states and to the officesof president and vice-president; the election commission562 salaries and allowances of members of parliament, the chairman anddeputy chairman of the council of states and the speaker and deputy speaker of the house of the people1063 powers, privileges and immunities of each house of parliament and ofthe members and the committees of each house; enforcement of attendance of persons for giving evidence or producing documents before committees of parliament or commissions appointed by parliament1564 emoluments, allowances, privileges, and rights in respect of leave ofabsence, of the president and governors; salaries and allowances of the ministers for the union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the comptroller and auditor-general65 audit of the accounts of the union and of the states66 constitution, organisation, jurisdiction and powers of the supreme court (including contempt of such court), and the fees taken therein; persons entitled to practise before the supreme court2067 extension of the powers and jurisdiction of members of a police forcebelonging to any state to any area outside that state, but not so as to enable the police of one state to exercise powers and jurisdiction in any area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state2568 inter-state migration; inter-state quarantine 69 taxes on income other than agricultural income 70 duties of customs including export duties3071 taxes on the capital value of the assets, exclusive of agricultural land,of individuals and companies; taxes on the capital of companies72 taxes other than stamp duties on transactions in stock exchanges andfutures markets73 rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts3574 taxes on the sale or purchase of newspapers and on advertisementspublished therein75 taxes on the sale or purchase of goods other than newspapers, wheresuch sale or purchase takes place in the course of inter-state trade or commerce4076 taxes on the consignments of goods (whether the consignment is tothe person making it or to any other persons), where such consignment takes place  in the course of inter-state trade or commerce77 bankruptcy and insolvency 78 actionable wrongs4579 relief and rehabilitation of persons displaced from their original placeof residence by reasons of setting up of the dominion of india and pakistan80 prevention of the extension from one state to another of infectious or contagious disease or pests affecting men, animals  or plants81 price control82 newspapers, books and printing presses 83 gas and gas-works5 1084 criminal law, including all matters included in the indian penal code at the commencement  of this constitution but excluding offences against laws with respect to any of the matters specified in  list i  and excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power excluding state specific laws not contrary to the central law85 criminal procedure, including all matters included in the code of criminal procedure at the commencement of this  constitution excluding state specific laws not contrary to the central law1586 preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention excluding state specific laws not contrary to the central law87 trust and trustees 88 administrators-general and official trustees2089 evidence and oaths, recognition of laws, public acts and records, and judicial proceedings90 civil procedure, including all matters included in the code of civil procedure at the commencement of this constitution,  limitation and arbitration91 commercial and industrial monopolies, combines and trusts2592 charities and charitable institutions, charitable and religious endowments and religious institutions93 recovery in a state of claims in respect  of taxes and other public demands, including arrears  of land-revenue and sums recoverable as such arrears, arising outside that state94 offences against laws with respect to any of the matters in this list3095 inquires, surveys and statistics for the purpose of any of the matters in this list96 fees in respect of any of the matters in this list, but not including fees taken in any court3597 any other matter not enumerated  in list ii including any tax not mentioned in that list (ii) for entries in list ii-state list, the following shall be substituted namely:—401 public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power)2 police (including railway and village police) subject to the provisions oflist i3 officers and servants of the high court, procedure in rent and revenue courts; fees taken in all courts  except the supreme court4 prisons, reformatories, borstal institutions and other institutions of a like nature,  and persons detained therein; arrangements with other states for the use of prisons and other institutions55 local government, that is to say, the constitution and powers of municipalcorportions, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of lcoal self-government or village administration6 public health and sanitation, hospitals and dispensaries 7 pilgrimages, other than pilgrimages to places outside india108 intoxicating liquors, that is to say, the production, manufacture,possession, transport, purchase and sale of intoxicating liquors9 relief of the disabled and unemployable 10 burials and burial grounds; cremations and cremation grounds1511 libraries, museums and other similar institutions controlled or financedby the state; ancient and historical monuments and records other  than those declared by or under law  made by parliament to be of national importance2012 communications, that is to say, roads, bridges, ferries  and other meansof communication not specified in list i; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of list i with regard to such waterways; vehicles other than mechanically propelled vehicles13 transport services by railways (excluding projects of nationalcharacter)14 agriculture, including agricultural education and research, protectionagainst pest  and prevention of plant diseases2515 preservation, protection  and improvement of stock and prevention ofanimal diseases; veterinary training  and practice16 pounds  and the prevention of cattle trespass 17 water, that is to say, water supplies, irrigation and canals, drainage andembankments, water storage and water power subject to the provisions of list i3018 land, that is to say, rights in or over land, land tenures  including therelation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonisation19 fisheries within territories3520 courts of wards subject to the provisions of list i; encumbered andattached estates21 regulation of mines and mineral development subject to the provisionsof list i with respect to regulation and development under the control of the union22 industries subject to the provisions of list i4023 trade and commerce within the state subject to the provisions oflist i24 production, supply and distribution of goods subject to the provisionsof list i25 markets and fairs26 money-lending and money-lenders; relief  of agricultural indebtedness27 inns and inn-keepers528 incorporation, regulation and winding up of corporations, other than those specified in list i, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies29 theatres and dramatic performances; cinemas subject to the provisions of list i; sports, entertainaments and amusements30 betting and gambling 31 works, lands and buildings vested in or in the possession of the state1032 election to the legislature  of the state subject to the provisions of any law made by parliament33 salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislature assembly and, if there is a legislative council, of the chairman and deputy chairman thereof1534 power, privileges  and immunities of the legislative assembly and of the members and the committees thereof, and, if there is a legislative council, of that  council  and of the members and the committees thereof, enforcement of attendance of persons for giving evidence or producing documents before committees of the legislature of the state2035 salaries and allowances of ministers for the state 36 state public services; state public service commission37 state pensions, that is to say, pensions payable by the state or out of the consolidated fund of the state38 public debt of the state2539 treasure trove40 land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues41 taxes on agricultural income3042 duties in respect of succession to agricultural land 43 estate duty in respect of agricultral land 44 taxes on lands and buildings45 duties of excise on the following goods manufactured or produced in the state and countervailing duties at the same or lower rates on similar goods manufacutured or produced elsewhere in india:—35(a) alcoholic liquors for human consumption; (b) opium, indian hemps and other narcotic drugs and narcotics, butnot including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry 46 taxes on the consumption or sale of electricity4047 taxes on the sale or purchase of goods other than newspapers, subjectto the provisions of list i48 taxes on advertisements other than advertisements published in thenewspapers and advertisements broadcast by radio or television49 taxes on goods and passengers carried by road or on inland waterwaysexcluding those nationally taxed550 taxes on vehicles, whether mechanically propelled or not, suitable foruse on roads, including tramcars subject to the provisions of list i51 taxes on animals and boats 52 tolls (if state funded) 53 taxes on professions, trades, callings and employments1054 capitation taxes 55 taxes on luxuries, including taxes on entertainments, amusements etc 56 rates of stamp duty in respect of documents other than those specifiedin the provision of list 1 with regard to rates of stamp duty1557 jurisdication and powers of all courts, except the supreme court, withrespect to any of the matters in this list58 fees in respect of any of the matters in this list, but not including feestaken in any court2059 marriage and divorce; infants and minors; adoption; wills, intestacyand succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this constitution subject to their personal law60 transfer of property other than agricultural land; registration of deedsand documents2561 contracts, including partnership, agency, contracts of carriage,andother special forms of contracts, but not including contracts relating to agricultural land62 contempt of court, but not inclding contempt of the supreme court 63 vagrancy; nomadic and migratory tribes 64 lunacy and mental deficiency, inclduing places for the reception ortreatment of lunatics and mental deficients3065 prevention of cruetly to animals 66 forests (excluding declared national status) 67 protection of wild animals and birds (excluding declared national status) 68 adulteration of foodstuffs and other goods3569 drugs and poisons 70 economic and social planning of the state 71 population control and family planning 72 trade unions; industrial and labour disputes 73 social security and social insurance; employment and unemployment4074 welfare of labour including conditions of work, provident funds,employers; liability, workmen's compensation, invalidity and old age pensions and maternity benefits excluding measures sanctioned by the union75 education, including technical education, medical educatioin and universities, subject to the provisions of list i; vocational and technical traning of labour subject to minimum national criterion576 criminal law, including all matters included in the indian penal code at the commencement of this constitution but excluding offences against laws with respect to any of the matters specified in list i and excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power excluding central laws not contrary to the state law1077 criminal procedure, including all matters included in the code of criminal procedure at the commencement of this constitution excluding  central laws not contrary to the state law1578 preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention excluding central laws not contrary to the state law79 legal, medical and other professions 80 vital statistics including registration of births and deaths 81 ports other than those declared by or under law made by parliament or existing law to be major ports2082 shipping and navigation on inland waterways as regards mechnically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of list i with respect to national waterways83 trade and commerce in, and the production, supply and distribution of,—25(a) the products of any industry except where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;(b) foodstuffs, including edible oilseeds and oils;30(c) cattle fodder, including oil cakes and other concentrates;(d) raw cotton,  whether ginned or unginned, and cotton seeds; and (e) raw jute84 custody, management and disposal of property (including agricultural land) declared by law to be evacuee property3585 inquiries and statistics except for the purposes of any of the matters specified in list i86 fees in respect of any of the matters in this list, but not including fees taken in any court87 factories88 boilers4089 electricity 90 corporation tax91 offences against laws with respect to the any of the matters in this list"45(iii) list iii—concurrent list shall be omitted statement of objects and reasonsfederalism has been part of the public discourse in india for many decades, before and after independence in 1947, but it has gained greater importance since the 1990s when the country's national polity saw and advent of the coalition erathe emergence of regional parties in india has led to a targeted growth ensuring social security measures to the residents of this respective states in a maturing democracy, the core components of nation building lies with solutions that pertain to a local population rather than a nation-wide policy thus, working on the idea of cooperative federlism entails the transfer of power so as to empower the union with matters of national and internal security measures, upliftment of fundamental rights and fulfilment of national interest while the state governments provide for the provisions of facilities and utilities required for economic and social growthmahatma gandhi also favored the decentralised structure and preferred a panchayat/village based federation in india, there are two governments in existence, the union government and the state government the two governments are not subordinate to each other rather cooperate with each other while working independently though the indian constitution has the traits of being a federal constitution, but in its strict sense, it is not the presence of features which are necessary for existence of a federation is an unique aspect of indian consitution but on the other side, there are   provisions which give more power to the union government vis-a-vis state governments hence, the indian constitutional  structure is a quasi-federal structure and it was made like this in the 1935 act this act laid down the foundations of federal form of government, in india it provided for the distribution of legislative power between the union and the provinces, the structure at that time a well designed, and more important, well-functioning system of federal governance, by virtue of its manifolds benefits, plays a key role in promoting the stability and prosperity of nations as the heights attained in development by the leading federations of the world—usa, canada, austriala  and switzerland—demonstrateformer chief justice beg, in state of rajasthan versus union of india, 1977 called the constitution of india as 'amphibian' he said that " if then our constitution creates a central government which is 'amphibian', in the sense that it can move either on the federal or on the unitary plane, according to the needs of the situation and circumstances of a case"similarly in sr bommai versus union of india, "pragmatic federalism" was usedquoting justice ahmadi, "it would thus seem that the indian constitution has, in it, not only features of a pragmatic federalism which, while distributing legislative powers and indicating the spheres of governmental powers of state and central governments, is overlaid by strong unitary features"in a truly federal constitution, there is no need for a concurrent sphere of legislative powers and now, the time has come for a complete and mutually exclusive division of power between the union and state governmentshence this billvivek  gupta annexureextracts from the constitution of india     seventh  schedule (article 246) list i—union list1 defence of india and every part thereof including preparation for defence and all such acts as may be conductive in times of war to its prosecution and after its termination to effective demobilisation2 naval, military and air forces; any other armed forces of the union 2a deployment of any armed force of the union or any other force subject to the control of the union or any contingent or unit thereof in any state in aid of the civil power; power, jurisdiction, privileges and liabilities of the members of such forces while on such deployment3 delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas4 naval, military and air force works 5 arms, firearms, ammunition and explosives 6 atomic energy and mineral resources necessary for its production7 industries declared by parliament by law to be necessary for the purpose of defence or for the prosecution of war8 central bureau of intelligence and investigation9 preventive detention for reasons connected with defence foreign affairs, or the security of india; persons subjected to such detention10 foreign affairs; all matters which bring the union into relation with any foreign country11 deplomatic, consular and trade representation 12 united nations organisation13 participation in international conferences, associations and other bodies and implementing of decisions made thereat14 entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries15 war  and peace 16 foreign jurisdiction 17 citizenship, naturalisation and aliens 18 extradition 19 admission into, and emigration and expulsion from, india; passports and visas 20 pilgrimages to place outside india21 piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air22 railways 23 highways declared by or under law made by parliament to be national highways 24 shipping and navigation on inland waterways, declared by parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways25 maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the meracantile marine and regulation of such education and training provided by states and other agencies26 lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft27 ports declared by or under law made by parliament or existing law to be major ports, including their delimitation, and the constitution and powers of port authorities therein28 port quarantine, including hospitals connected therewith: seamen's and marine hospitals29 airways: aircraft and air navigation: provision of aerodromes: regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by states and other agencies30 carriage of passengers and goods by railways, sea or air, or by national waterways in mechanically propelled vessels31 posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication32 property of the union and the revenue therefrom, but as regards, property situated in a state subject to legislation by the state, save in so far as parliament by law otherwise providers     34 courts of wards for the estates of rulers of indian states 35 public debt of the union 36 currency, coinage and legal tender, foreign exchange 37 foreign loans 38 reserve bank of india 39 post office savings bank 40 lotteries organised by the government of india or the government of a state 41 trade and commerce with foreign countries: import and export across customs frontiers; definition of customs frontiers42 inter-state trade and commerce 43 incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including co-operative societies44 incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one state, but not including universities45 banking 46 bills of exchange, cheques, promissory notes and other like instruments 47 insurance 48 stock exchanges and futures markets 49 patents, inventions and designs: copyright: trade-marks and merchandise marks 50 establishment of standards of weight and measure51 establishment of standards of quality for goods to be exported out of india or transported from one state to another52 industries, the control of which by the union is declared by parliament by law to be expedient in the public interest53 regulation and development of oilfields and mineral oil resources: petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable54 regulation of mines and minerals development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest55 regulation of labour and safety in mines and oilfields 56 regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest57 fishing and fisheries beyond territorial waters58 manufacture, supply and distribution of salt by union agencies; regulation and control of manufacture, supply and distribution of salt by other agencies59 cultivation, manufacture, and sale for export, of opium 60 sanctioning of cinematograph films for exhibition 61 industrial disputes concerning union employees62 the institutions known at the commencement of this constitution as the national library, the indian museum, the imperial war museum, the victoria memorial and the indian war memorial, and any other like institution financed by the government of india wholly or in part and declared by parliament by law to be an institution of national importance63 the institutions known at the commencement of this constitution as the benares hindu university, the aligarh muslim university and the delhi university; the university established in pursuance of article 3711; any other institution declared by parliament by law to be an institution of national importance64 institutions for scientific or technical education financial by the government of india wholly or in part and declared by parliament by law to be institutions of national importance65 union agencies and institutions for—(a) professional, vocational or technical training, including the training of police officers; or(b) the promotion of special studies or research; or (c) scientific or technical assistance in the investigation or detection of crime66 co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions67 ancient and historical monuments and records, and archacological sites and remains, declared by or under law made by parliament to be of national importance68 the survey of india, the geological, botanical, zoological and anthropological surveys of india; meterological organisations69 census 70 union public service; all-india services; union public service commission 71 union pensions, that is to say, pensions payable by the government of india or out of the consolidated fund of india72 elections to parliament, to the legislatures of states and to the offices of president and vice-president; the election commission73 salaries and allowances of members of parliament, the chairman and deputy chairman of the council of states and the speaker and deputy speaker of the house of the people74 powers, privileges and immunities of each house of parliament and of the members and the committees of each house; enforcement of attendance of persons for giving evidence or producing documents before committees of parliament or commissions appointed by parliament75 emoluments, allowances, privileges, and rights in respect of leave of absence, of the president and governors; salaries and allowances of the ministers for the union; the salaries, allowances, and rights in respect of leave of absence and other conditions of service of the comptroller and auditor-general76 audit of the accounts of the union and of the states 77 constitution, organisation, jurisdiction and powers of the supreme court (including contempt of such court), and the fees taken therein: persons entitled to practise before the supreme court78 constitution and organisation (including vacations) of the high courts except provisions as to officers and servants of high courts; persons entitled to practise before the high courts79 extension of the jurisdiction of a high court to, and exclusion of the jurisdiction of a high court from, any union territory80 extension of the powers and jurisdiction of members of a police force belonging to any state to any area outside that state, but not so as to enable the police of one state to exercise powers and jurisdiction in any area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state81 inter-state migration; inter-state quarantine 82 taxes on income other than agricultural income 83 duties of customs including export duties 84 duties of excise on tobacco and other goods manufactured or produced in india except—(a) alcoholic liquors for human consumption;(b) opium, indian hemp and other narcotic drugs and narcotics, but includingmedicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry 85 corporation tax86 taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies87 estate duty in respect of property other than agricultural land88 duties in respect of succession to property other than agricultural land 89 terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights90 taxes other than stamp duties on transactions in stock exchanges and futures markets91 rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts92 taxes on the sale or purchase of newspapers and on advertisements published therein92a taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce92b taxes on the consignments of goods (whether the consignment is to the person making it or any other person), where such consignment takes place in the course of inter-state trade or commerce93 offences against laws with respect to any of the matters in this list 94 inquiries, surveys and statistics for the purpose of any of the matters in this list 95 jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list; admiralty jurisdiction96 fees in respect of any of the matters in this list, but not including fees taken in any court97 any other matter not enumerated in list ii or list iii including any tax not mentioned in either of those lists list ii—state list1 public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power)2 police (including railway and village police) subject to the provisions of entry 2a of list 13 officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court4 prisons, reformatories, borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other states for the use of prisons and other institutions5 local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration6 public health and sanitation; hospitals and dispensaries7 pilgrimages, other than pilgrimages to places outside india 8 intoxicating liquors, that is to say, the production, manufacture, possession, transport,purchase and sale of intoxicating liquors9 relief of the disabled and unemployable 10 burials and burial grounds; cremations and cremation grounds    12 libraries, museums and other similar institutions controlled or financed by the state; ancient and historical monuments and records other than those declared by or under law made by parliament to be of national importance13 communications, that is to say, roads, bridges, ferries, and other means of communication not specified in list i; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of list i and list iii with regard to such waterways; vehicles other than mechanically propelled vehicles14 agriculture, including agricultural education and research, protection against pests and prevention of plant diseases15 preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice16 pounds and the prevention of cattle trespass 17 water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list i18 land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization     21 fisheries 22 courts of wards subject to the provisions of entry 34 of list i: encumbered and attached estates23 regulation of mines and mineral development subject to the provisions of list iwith respect to regulation and development under the control of the union24 industries subject to the provisions of entries 7 and 52 of list i 25 gas and gas-works 26 trade and commerce within the state subject to the provisions of entry 33 of list iii27 production supply and distribution of goods subject to the provisions of entry 33of list iii28 markets and fairs    30 money-lending and money-lenders; relief of agricultural indebtedness 31 inns and inn-keepers 32 incorporation, regulation and winding up of corporations, other than those specified in list i, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies33 theatres and dramatic performances; cinemas subject to the provisions of entry 60of list i; sports, entertainments and amusements34 betting and gambling 35 works, lands buildings vested in or in the possession of the state    37 elections to the legislature of the state subject to the provisions of any law made by parliament38 salaries and allowances of members of the legislature of the state, of the speaker and deputy speaker of the legislative assembly and, if there is a legislative council, of the chairman and deputy chairman thereof39 powers, privileges and immunities of the legislative assembly and of the members and the committees thereof, and, if there is a legislative council, of that council and of the members and the committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the legislature of the state40 salaries and allowances of ministers for the state 41 state public services; state public service commission 42 state pensions, that is to say, pensions payable by the state or out of theconsolidated fund of the state43 public debt of the state 44 treasure trove 45 land revenue, including the assessment and collection of revenue, the maintenanceof land records, survey for revenue purposes and records of rights and alienation of revenues46 taxes on agricultural income 47 duties in respect of succession to agricultural land 48 estate duty in respect of agricultural land 49 taxes on lands and buildings50 taxes on mineral rights subject to any limitations imposed by parliament by law relating to mineral development51 duties of excise on the following goods manufactured or produced in the state and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in india:—(a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics, but not includingmedicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry52 taxes on the entry of goods into a local area for consumption, use or sale therein 53 taxes on the consumption or sale of electricity54 taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92a of list i55 taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television56 taxes on goods and passengers carried by road or on inland waterways57 taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provsions of entry 35 of list iii58 taxes on animals and boats 59 tolls 60 taxes on professions, trades, callings and employments 61 capitation taxes62 taxes on luxuries, including taxes on entertainments, amusements, betting and gambling63 rates of stamp duty in respect of documents other than those specified in the provisions of list i with regard to rates of stamp duty64 offences against laws with respect to any of the matters in this list 65 jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list66 fees in respect of any of the matters in this list, but not including fees taken in any court list iii—concurrent list1 criminal law, including all matters included in the indian penal code at the commencement of this constitution but exculuding offences against laws with respect to any of the matters specified in list i or list ii and excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power2 criminal procedure, including all matters included in the code of criminal procedure at the commencement of this constitution3 preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention4 removal from one state to another state of prisioners, accused persons and persons subjected to preventive detention for reasons specified in entry 3 of this list5 marriage and divorce; infants and minors; adoption; wills, intestacy and succession;joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this constitution subject to their personal laws6 transfer of property other than agricultural land; registration of deeds and documents7 contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land8 actionable wrongs 9 bankruptcy and insolvency 10 trust and trustees 11 administrators-general and official trustees11a administration of justice; constitution and organisation of all courts, except the supreme court and the high courts12 evidence and oaths; recognition of laws, public acts and records, and judicial proceedings13 civil procedure, including all matters included in the code of civil procedure at the commencement of this constitution, limitation and arbitration14 contempt of court, but not including contempt of the supreme court 15 vagrancy; nomadic and migratory tribes16 lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients17 prevention of cruelty to animals 17a forests 17b protection of wild animals and birds 18 adulteration of foodstuffs and other goods19 drugs and poisons, subject to the provisions of entry 59 of list i with respect to opium20 economic and social planning 20a population control and family planning 21 commercial and industrial monopolies, combines and trusts 22 trade unions; industrial and labour disputes 23 social security and social insurance; employment and unemployment 24 welfare of labour including conditions of work, provident funds, employers' liability,workmen's compensation, invalidity and old age pensions and maternity benefits25 education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour26 legal, medical and other professions27 relief and rehabilitation of persons displaced from their original place of residence by reasons of the setting up of the dominions of india and pakistan28 charities and charitable institutions, charitable and religious endowments and religious institutions29 prevention of the extension from one state to another of infectious or contagious diseases of pests affecting men, animals or plants30 vital statistics including registration of births and deaths 31 ports other than those declared by or under law made by parliament or existing law to be major ports32 shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of list i with respect to national water- ways33 trade and commerce in, and the production, supply and distribution of,(a) the products of any industry where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;(b) foodstuffs, including edible oilseeds and oils;(c) cattle fodder, including oilcakes and other concentrates;(d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute33a weights and measures except establishment of standards 34 price control35 mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied36 factories 37 boilers 38 electricity 39 newspapers, books and printing presses40 archaeological sites and remains other than those declared by or under law made by parliament to be of national importance41 custody, management and disposal of property (including agricultural land) declared by law to be evacuee property42 acquisition and requisitioning of property 43 recovery in a state of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outide that state44 stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty45 inquiries and statistics for the purposes of any of the matters specified in list ii or list iii46 jurisdiction and powers of all courts, except the supreme court, with respect to any of the matters in this list47 fees in respect of any of the matters in this list, but not including fees taken in any court|     |     |     |     |    ||------|------|------|------|-----||     |     |     |     |    |246 (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")subjectmatter of laws made by parliament and by the legislatures of states(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|     |     |     |     |    ||------|------|------|------|-----||     |     |     |     |    |248 (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state listresiduary powers of legislation(2) such power shall include the power of making any law imposing a tax not mentioned in either of those lists|              |     |     |     |    ||---------------|------|------|------|-----||              |     |     |     |    || inconsistency |      |      |      |     || between laws  |      |      |      |     || made by       |      |      |      |     || parliament    |      |      |      |     || and laws      |      |      |      |     || made by the   |      |      |      |     || legislatures  |      |      |      |     || of states    |      |      |      |     |254 (1) if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provisions of clause (2), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void(2) where a law made by the legislature of a state with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state          rajya  sabha———— a billfurther to amend the constitution of india————(shri vivek gupta, mp)gmgipmrnd—4607rs—26022016