The legislative powers are divided between the Union and States according to the Seventh Schedule. Subjects in the Union List are exclusively for Parliament, subjects in the State List are primarily for State Legislatures, and subjects in the Concurrent List are for both. Fisheries is listed in the State List (Entry 21). Insurance (Entry 47), Railways (Entry 22), and Banking (Entry 45) are listed in the Union List. Parliament has exclusive power to legislate on Union List subjects throughout India. State Legislatures have exclusive power to legislate on State List subjects within their state. However, under Article 246(4), Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State (i.e., Union Territories), even if that matter is enumerated in the State List. Therefore, Parliament ordinarily cannot make laws on Fisheries for a State, but it can make laws on Fisheries for a Union Territory.
Parliament cannot make law on which one of the following subjects, except for a Union Territory ?
Asked in UPSC Combined Section Officer 2021 22 · Topic: The Centre-State Relations (Legislative Relations: Distribution of Powers (Union, State, Concurrent Lists))
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