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Article 246 Of Indian Constitution In English
Article 246 – Subject matter of laws made by Parliament and by the Legislatures of States.
(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).
(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.
Article 246 In English
246 Article – Subject-matter of laws made by Parliament and State Legislatures.
(1) Notwithstanding anything contained in clauses (2) and (3), Parliament has special power to make laws with respect to any matter listed in the Seventh Schedule (referred to in this Constitution as the Union List).
(2) Notwithstanding anything contained in clause (3), Parliament, and under clause (1), also the Legislature of any State, have power to make laws with respect to any matter listed in List III in the Seventh Schedule. (referred to in this Constitution as the Concurrent List).
(4) Parliament has power to make laws for any part of India with respect to any matter (not involving a State), even if such matter is a matter listed in the State List.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 246 Of Indian Constitution?
In Article 246 you see “Subject matter of laws made by Parliament and by the Legislatures of States” that means (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). more above.
Article 246 Debate Summary
The draft Article 217 (Article 246, Constitution of India, 1950) was debated on 13 June 1949. It framed the federal structure of India by defining the scope of the power of the central parliament and state legislatures to make laws. The Union Parliament can make laws on the subjects mentioned in the Union List, while the State Legislatures can make laws on the subjects mentioned in the State List.
The combined power to make laws on the subjects mentioned in the Concurrent List was given to both the Union Parliament and the State Legislature. In addition, the Union Parliament was given the power to make laws on subjects that were not mentioned in any of the three lists. The debate was quite short: only one member intervened sufficiently.
This member was not happy with how the clauses of the draft Article were ordered. He claimed that he proposed an amendment to change the position of clauses 2 and 3. The resulting form of the draft article was more logical, he claimed.
Further, the members wanted the draft article to state that the law-making power of the Union Parliament and the state legislatures would extend to such matters as were necessary for the effective exercise of the matters already assigned to them in the three lists. There was no concrete response to these interventions and the House rejected the relevant amendments. The Assembly then adopted the draft article on 13 June 1949 with some minor modifications.
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