Concurrent List

The Concurrent List (List III of the Seventh Schedule, Article 246) contains subjects on which both the Union Parliament and State Legislatures have the power to legislate. In case of conflict between a Central law and a State law on a Concurrent List subject, the Central law prevails (Article 254), unless the State law has received Presidential assent. Originally containing 47 subjects, it now has 52 subjects after amendments.

• 1 Seventh Schedule, List III of the Constitution
• 2 Originally 47 subjects, now 52
• 3 Key entries — Education (Entry 25, added by 42nd Amendment 1976), Criminal Law (Entry 1), Forests (Entry 17A), Population Control (Entry 20A)
• 4 Education was moved from State List to Concurrent List by 42nd Amendment (1976)
• 5 In case of conflict — Central law prevails (Article 254)
• 6 Exception — State law prevails if it received Presidential assent (Article 254(2))
• 7 Sarkaria Commission and Punchhi Commission both examined Concurrent List friction
• 8 States like Tamil Nadu, Kerala, West Bengal have historically resisted centralisation on Concurrent subjects

The VBSA Bill's proposal to create a single apex higher education regulator raises Concurrent List concerns — education (Entry 25) allows both Centre and states to legislate, and states run ~70% of higher education institutions.