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Federalism in simple terms is the division of law-making powersand functions between two levels of government, so that general andregional governments are each within a sphere co-ordinate andindependent.1
This was confirmed by the Supreme Court in A.G. Federationv. A.G. Lagos State2 where it was held that:
"Federalism is an arrangement whereby powers ofgovernment within a country are shared between a national,countrywide government and a number of regionalised (i.e.,territorially localized) governments in such a way that each existsas a government separately and independently from others, operatingdirectly on persons and property within its territorial area, witha will of its own and its own apparatus for the conduct of itsaffairs. Federalism is thus essentially an arrangement betweengovernment, a constitutional device by which powers within acountry are shared among two tiers of government".
In Nigeria, legislative lists provide for the division of powers- the exclusive legislative list, the concurrent legislative listand the residual legislative list.
Section 4(1) of the Constitution provides that the legislativepowers of the Federal Republic of Nigeria are vested in theNational Assembly for the Federation and section 4(6) vests thelegislative powers of a state in the House of Assembly of thatState.
The National Assembly is a bicameral legislative body whichconsists of a Senate and a House of Representatives.
The 1999 Constitution of the Federal Republic of Nigeriacontains 68 items in the exclusive legislative on which only theFederal Government of Nigeria can legislate.3
These include: accounts of the government of the federation;arms, ammunition, and explosives; aviation (including airports);awards of honours and decoration; bankruptcy and insolvency; banks,banking, bills of exchange, and promissory notes; borrowing moniesinside and outside Nigeria for the purposes of the federation orany state; census; citizenship, naturalization, and aliens;commercial and industrial monopolies; construction and maintenanceof federal trunk roads; control of capital issues; copyrights;creation of states; currency, coinage, and legal tender; customsand excise duties; defence; diplomatic, consular, and traderepresentation; drugs and poisons; election to offices of presidentand vice-president, governor, or deputy governor; evidence;exchange control; export duties; external affairs; extradition;immigration and emigration; implementation of treaties; insurance;incorporation, regulation, and winding up of corporate bodies otherthan those established by a law enacted by the state Houses ofAssembly; labour; maritime shipping and navigation; meteorology;military (army, navy, and air force); mines and minerals; nationalparks; nuclear energy; passports and visas; patents; trademarks,trade, or business names; pensions and gratuities payable out ofthe public funds of the federation; police and other governmentsecurity services established by law; posts, telegraphs andtelephones; powers of the federal National Assembly and theprivileges and immunities of its members; prisons; public debts;public holidays; public service of the federation; quarantine;railways; regulation of political parties; service and execution incivil and criminal processes, judgments, decrees, and otherdecisions of any court of law inside or outside Nigeria, except forlaws made by the state; stamp duties; taxation of incomes; profitsand capital gains, as provided by the Constitution; trade andcommerce; traffic on federal trunk roads; water from sourcesdeclared by the National Assembly to affect more than one state;weights and measures; wireless, broadcasting, and television otherthan those owned by states; any matter with respect to which theNational Assembly has power to make laws under this Constitution;and any "matter incidental or supplementary to any mattermentioned elsewhere in this list.
The Concurrent legislative list provides for items which thefederal and state governments can legislate on. Items on this listinclude: The concurrent legislative list includes allocation ofrevenue; antiquities and monuments; archives; collection of taxes;electoral law; electric power; exhibition of cinematography films;industrial, commercial, or agricultural development; scientific andtechnological research; statistics; trigonometrical, cadastral, andtopographical surveys; universities; technological and post primaryeducation.
Powers not expressly listed in the constitution are under aresidual legislative list.4
The exclusive legislative list gives the federal governmentexclusive legislative powers over 68 items, but it also gives thefederal government jurisdiction over the remainingitems.5 The Constitution confirms this - enactments ofthe National assembly prevail over any law enacted by the House ofAssembly of a State where there is aninconsistency.6
It has been submitted that the Concurrent legislative list issomewhat innovative in its approach because the Constitutioncarefully defines the scope of the federal and state powers inrespect of the 12 items and these specifications and limitation sgrant exclusive powers respectively to both Federal and stategovernments.7
The aim of distribution of powers in Nigeria is the desire tostrengthen the federal government and provide an overarchingumbrella under which all groups can be accommodated. Division ofpowers between organs of government leads to checks andbalances8, dispels the fears of domination of minoritiesand caters for local differences. It also encourages independencewithin respective spheres of government.
Over the years however, Nigeria has had to make certainadjustments especially as the federal pendulum tends to alternatebetween two extremes.9
Division of powers between the federation and states is acomplicated problem which has not been resolved eithertheoretically or practically.10 In practice, theseparation of powers does not achieve desired results because manyissues cut across regional, national, and internationalinterests.
There have been certain areas of friction between the federaland state governments. Inter-state tensions may arise from fear orthreat of domination by another state, and this can escalate tointer-tribal conflict and consequently political unity becomesthreatened. One of such examples is where the Sokoto Stategovernment was taken to court by fifteen local government councils,and the court prohibited the State from acting on the Law passed bythe State House of Assembly which would allow deduction of 3percent of the state's statutory allocation to fund the SokotoEmirate Council.11
The federal government may have trouble in taking quickdecisions because section 8 and section 9 of the Constitutionprovide that a consensus of the States is necessary before certaindecisions can be made. Some of these decisions include creation ofnew states, local governments, or boundary adjustments.
The Supreme Court in A.G. Bendel State v A.G.Federation12 reaffirmed the doctrine of division ofgovernmental powers as the legislative power in a true federation,stating that it is implicit in the character of a federalconstitution that neither the Federation nor the States can makelaws imposing extra burden on each other.
Even with the affirmation of the Court, conflicts still arise onthe issue of autonomy between tiers of government. In 2003, theSupreme Court had to consider whether the National Assembly hadjurisdictional competence to legislate on urban and regionalplanning for the whole country. This consideration was to be on thebasis of section 20 of the Constitution which provides that theState shall protect and improve the environment.
The court in this instance, held that each State House ofAssembly has the exclusive function to make planning laws andregulations for the state under its residual power. Furthermore,the National Assembly cannot enact any law, in contravention of theConstitution, imposing any responsibility on a State and expectobedience to such a law. However, the National Assembly can makeplanning laws for the Federal Capital Territory, Abuja on the basisof its residual powers.
Another issue the Court has had to interpret is the question ofwho has the power to make laws in regard to Local Government Areas.This was considered by the court in A.G. Abia State v A.G.Federation13, where it was held that Stategovernments have jurisdiction over Local Government Areas due tosection 7(1), section 197 and item 22 of the Second Schedule part 1of the Constitution. The exception to this is item 11 of theConcurrent legislative list where power is given to the NationalAssembly in relation to registration of voters and the procedureregulating elections to a local government council.
In considering which tier of government (federal or state) hasthe power to make laws in respect to local government elections,the court held that any laws made by the State house of assembly,regarding election to a local government council, must not beinconsistent with any law made by the National Assembly. This issupported by item 12 of the concurrent Legislative List.
Furthermore, Local Government chairs often argue that Stategovernors use audit powers of the State to remove them from office,(especially when the local government official is the member ofanother political party) and run the local governments throughcaretaker committees. The Supreme Court in the case of GovEkiti State v Olubunmo14 unanimously voided lawswhich enable governors sack elected local government chairs. Thepractice was described as "executive recklessness" whichmust not be allowed to persist. The plaintiff relied on section23(b) of the Ekiti State Local Government Administration(Amendment) Law, 2001, which empowered the governor to dissolvelocal government councils, even when their tenure was yet toexpire. Justice Nweze in the judgement stated that this provisionwas in conflict with section 7(1) of the Constitution, whichguarantees a sacrosanctity on the elections of democraticallyelected local government councils.
Despite this judgement of the Supreme Court, the Stategovernments of Oyo, Borno and Yobe have been indefiance.15
Also, in the case of A.G. Federation v A.G. Lagosstate16 the court had to consider the scope of thepowers of the National Assembly and the State House of Assemblyconcerning matters on the concurrent legislative list over whichthey both exercise jurisdiction. In this case, the Lagos Stategovernment sought to promulgate a law on the regulation,regulation. Licensing and classification of hotels and othertourism related establishments. It was submitted by the plaintiffthat this was an attempt of Lagos State to undermine the statutorymandate of the Nigerian Tourism Development Corporation. The courtheld that the matter was within the residual legislative list andhence not within the legislative competence of the Federalgovernment.
Consequently, it is submitted that the courts have affirmed theprinciple of federalism and through judicial interpretation haveensured that the federal and state governments respectively knowtheir place, don't interfere with each other's exclusivereserve, and understand areas where cooperation between the twotiers is required.
Other areas of conflict between the federation and statesincludes revenue sharing, minimum wage matters and the NigeriaPolice Force.
As a result of the conflicts created by division, it has beensubmitted by Nwabueze that:
"Having only one list of matters exclusive to either thenational or regional governments and leaving the residue to theother has the advantage of simplicity and eliminates theuncertainty and conflict which necessarily result from a second(i.e., concurrent) list; a third list inevitably adds to suchuncertainty and conflict"17.
This submission suggests that one legislative list will reducethe number of conflicts between the two tiers of government.However, it should be noted that although exclusive legislativeauthority strengthens the independence of the tiers of government,it is practically unavoidable to compartmentalise jurisdictionalmatters. There will almost always be some interaction between thetiers of government.18
The doctrine of Concurrency in legislation is known to haveadvantages. Some of these include - it allows for flexibledistribution of powers which encourages individual legislatures acton their own initiates until federal action isrequired,19 It also allows for the intervention of thefederal government in backward regions;20 and anotheradvantage of concurrency is "cooperative federalism"i.e., it encourages cooperation among the different levels ofgovernment thus aiding unity in diversity.21 Concurrencyalso provides a means for the federal government to uniformlyprovide essential social services and guide regional legislation,which the state governments can adapt to the localcircumstances.22
Residual legislative powers provide an avenue for a balancedsystem of shared powers by promoting interaction between thedifferent tiers of government.
It is submitted that the division of legislative powers isinfluenced by political bargaining and compromise from differentgroups as a result of the different ethnicities, histories, andsocio-cultural experiences of people in thefederation.23
A major factor is in the mode by which the federation itself isestablished.24 It has been submitted that Nigerianfederalism was birthed under the influence of dictatorship and wasintended to forcibly unite differentnationalities.25 The aftermath of Britain'scolonial legacy was division, suspicion and chaos among thedifferent ethnicities which were then amalgamated into a singleunit called Nigeria.26
There have been several changes made to the legislative listsover the years and these have largely arisen through a newconstitution (there have been 9 - 1960, 1963, 1979, 1999.Conferences in London also produced 3 other constitutions between1946 and 195927) or changes such as the militarycoups.28 Federalisation was formally recognised by the1954 Constitution where regional executives and legislatures beganto operate in the Nigerian Marketing Board after it wasregionalised. However, it provided for a weak federal governmentbecause regions could legislate on matters not covered by theexclusive and concurrent lists. It also disregarded the multiethnic nature of the country.29 The subsequent militaryrule saw a total collapse of federal structure with acts of overcentralisation such as complete insubordination of stategovernments,30 placing relatively junior officers asstate governors,31near-total dependence of states oncentral funding32 etc.
The current constitution is the 1999 Constitution which wasdesigned under the guidance of the military and because of this,there are calls for its amendment to reflect the wishes of thepeople.33
There is no universal standard for amending aconstitution34 however section 9 of the Constitutionsets out a procedure for amending the Nigerian constitution. Itprovides that for an amendment, there must be support fromtwo-thirds majority of the national assembly and approval from notless than twenty-four State Houses of Assembly. This process isrigid, and it has been submitted that this process fosters majoritydomination in a pluralistic federal society.35
Federalism is intended to hold different socio-political groupsor nations together in a State while allowing each a degree ofautonomy in certain legislative matters.36 The realityis that the meaning of the word itself has negative connotationsand is often interpreted as a concentration of force in one tier ofgovernment.37
This misunderstanding creates tension between the Federal andState Governments. The military rule era weakened the federalinstitutions, and these weakened institutions have been inheritedby the present-day Nigeria.
The creation of new states since Nigeria's independence hasincreased dependence on the Central government forresources38. This dependence means that division ofpowers is not being practised and with recent agitations forsecession from ethnic groups39 will likely create moreproblems by placing additional demands on resources from thefederal government.
68 items on the exclusive legislative list are numerous and thelist contains matters which the state governments can legislate onindependently. Also, the federal government still has an overridingpower over the state governments under the concurrent legislativelist.
It is therefore submitted that the legislative lists areConstitutional defects and there is a need to amend theConstitution to cure the defect.
BIBLIOGRAPHY
Constitution of the Federal Republic of Nigeria, 1999
A.G. Federation v. A.G. Lagos State (2013)LPELR-20974(SC)
A.G. Bendel State v A.G. Federation (1983)LPELR-3153(SC) P.23, paras D-F
A.G. Abia State v A.G. Federation (2002) 6 NWLR (763)264
Gov Ekiti State v Olubunmo (2017) 3 NWLR (Pt 1551)1
A.G. Federation v A.G. Lagos state (2012)LPELR-7886(CA)
B Nwabueze, Ideas and Facts in Constitution Making (Ibadan:Spectrum Books Limited, 1993)
Constitutional law in Nigeria, Tijani and Shuwa et al. (LawlordsPublication, 2016)
Watts, New Federations: Experiments in the Commonwealth(1966)
Tribunals of inquiry as a residual matter under the NigerianConstitution: resolving the Nigerian conundrum, A.J.I.C.L. 2014
Despite Supreme Court Judgement, Oyo, 12 others Run LGs withCaretakers, 27 January 2020. https://www.thisdaylive.com/index.php/2020/01/27/despite-supreme-court-judgment-oyo-12-others-run-lgs-with-caretakers/
Federalism, Nigerian Federal Constitution and the practice ofFederalism: An Appraisal by Emmanuel Ibiam Amah. Published byBeijing Law Review, Vol 8, No 3, 2017
Igboke C Shedrack, Agitations for Regime Change and PoliticalRestructuring: Implications on National Integration and Developmentin Nigeria. https://www.ajol.info/index.php/ujah/article/view/207288/195398
Nat Ofo, Ameding the Constitution of the Federal Republic ofNigeria 1999, African Journal of Legal Studies 4 (2011)
Nigeria: Nine constitutions in 24 years of democracy https://newafricanmagazine.com/4073/
The Federal Republic of Nigeria, J Isawa Elaigwu http://www.forumfed.org/libdocs/Global_Dialogue/Book_2/BK2-C08-ng-Elaigwu-en.htm
Techniques for Division of Legislative Powers under FederalConstitutions, J.O. Arowosegbe https://core.ac.uk/download/pdf/234649998.pdf
Vanguard, Lagos, 23 August 1999
Footnotes
1. Tribunals of inquiry as a residualmatter under the Nigerian Constitution: resolving the Nigerianconundrum, A.J.I.C.L. 2014, 22(2), 273-307, *276
2. (2013) LPELR-20974(SC) P.93 , parasA-G
3. Constitution of the Federal Republicof Nigeria, 1999. Schedule 2, paragraph 1
4. n.2
5. Constitution of the Federal Republicof Nigeria, 1999
6. ibid. s4(5).
7. Techniques for Division of LegislativePowers under Federal Constitutions, J.O. Arowosegbe https://core.ac.uk/download/pdf/234649998.pdfaccessed 3 Aug. 21
8. Constitutional law in Nigeria, Tijaniand Shuwa et al. (Lawlords Publication, 2016) pg. 11
9. The Federal Republic of Nigeria, JIsawa Elaigwu http://www.forumfed.org/libdocs/Global_Dialogue/Book_2/BK2-C08-ng-Elaigwu-en.htmaccessed 2 Aug. 21
10. n.1
11. Vanguard, Lagos, 23 August 1999,pages1 and 2
12. (1983) LPELR-3153(SC) P.23, parasD-F
13. (2002) 6 NWLR (763) 264
14. (2017) 3 NWLR (Pt 1551) 1
15. Despite Supreme Court Judgement, Oyo,12 others Run LGs with Caretakers, 27 January 2020. https://www.thisdaylive.com/index.php/2020/01/27/despite-supreme-court-judgment-oyo-12-others-run-lgs-with-caretakers/
16. (2012) LPELR-7886(CA)
17. B Nwabueze, Ideas and Facts inConstitution Making (Ibadan: Spectrum Books Limited, 1993) p.1
18. n.9
19. ibid, Watts, New Federations:Experiments in the Commonwealth (1966) pp 174-175
20. ibid
21. ibid
22. ibid
23. ibid
24. ibid
25. Federalism, Nigerian FederalConstitution and the practice of Federalism: An Appraisal byEmmanuel Ibiam Amah. Published by Beijing Law Review, Vol 8, No 3,2017
26. ibid
27. Nigeria: Nine constitutions in 24years of democracy https://newafricanmagazine.com/4073/ accessed 2Aug. 21
28. n.2
29. Federalism, Nigerian FederalConstitution and the practice of Federalism: An Appraisal byEmmanuel Ibiam Amah. Published by Beijing Law Review, Vol 8, No 3,2017
30. ibid
31. ibid
32. ibid
33. Nat Ofo, Ameding the Constitution ofthe Federal Republic of Nigeria 1999 , African Journal of LegalStudies 4 (2011) 123-148
34. ibid
35. n.29
36. ibid.
37. ibid
38. ibid
39. Igboke C Shedrack, Agitations forRegime Change and Political Restructuring: Implications on NationalIntegration and Development in Nigeria. https://www.ajol.info/index.php/ujah/article/view/207288/195398
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
FAQs
What is concurrent legislative list? ›
The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last subject is numbered 47) given in the Seventh Schedule to the Constitution of India. It includes the power to be considered by both the union and state government.
What is exclusive legislative function? ›The Constitution grants Congress power of "exclusive legislation" over the area now known as the District of Columbia. The Constitution says: "no state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws."
What's exclusive list? ›An exclusive listing is a type of real estate listing agreement in which one broker is appointed as the seller's sole agent. In an exclusive agency listing, the seller retains the right to sell the property, with no obligation to the broker.
What are the three legislative lists? ›The legislative section is divided into three lists: the Union List, the State List and the Concurrent List.
What are the 10 subjects in Concurrent List? ›- Education.
- Forest.
- Trade unions.
- Marriage.
- Adoption.
- Succession.
The Concurrent List contains subjects of common interest to both the Union as well as the States. These include education, forest, trade unions, marriage, adoption, and succession.
What are 3 specific exclusive powers of the national government? ›Only the federal government can coin money, regulate the mail, declare war, or conduct foreign affairs.
What are 5 exclusive federal powers? ›Delegated (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.
What is the difference between concurrent and exclusive powers? ›An Overview of the Government and its Powers
Federal powers are known as exclusive powers. State powers are known as residual powers. Powers that are shared by both state and federal levels of government are known as concurrent powers.
And in concurrent list there was 47 subjects but now it is 52 subjects in concurrent list. as of 1st November 2021. Article 248 of the constitution clearly states, “The Union Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List.”
How many items are listed in the Concurrent List? ›
The concurrent list is a list of 47 subjects on which both the Union and State legislatures enjoy jurisdiction over.
What are the items in residual list? ›Many practitioners conclude that housing, agriculture, and water are overlapped areas. And these areas must be shifted to the residual list. As a result, housing, agriculture, and education are assigned to the residual list from the legislative list. The residual list also encompasses education and agriculture.
Who can make laws on Concurrent List? ›(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1), the Legislature of any State also, shall 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”).
What are the four basic types of legislation? ›Legislation Numbering. A proposed piece of legislation takes one of four forms: bill, joint resolution, concurrent resolution, or simple resolution.
What are the three lists given in the Constitution explain? ›They are Union list, State list and Concurrent list. The union list consist of subjects that only centre can make laws on. On state list, state governments have the powers to form laws. Concurrent list have those subjects on which both centre and state can make laws.
What are the 5 subjects transferred to Concurrent List? ›The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List i.e education, forests, weights and measures, protection of wild animals and birds, and administration of justice; constitution and organisation of all courts except the Supreme Court and the High Courts.
What is the most important aspect of the concurrent list? ›Emphasising the need to decentralise power, KCR has said- The autonomy of states should increase. The Concurrent List should be weakened. There should be a clear division. Subjects which are under the Centre must be transferred to the state.
Which set of subjects are included in concurrent list of constitution? ›- Concurrent List – Forests, Education, Marriages.
- State List – Trade, Agriculture, Police.
- Union List – Defence, Communications, Banking.
Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
What is an example of exclusive powers? ›EXCLUSIVE POWERS
Some federal powers are exclusive. For example, only Congress can declare war and tax imports, and only the Senate can ratify treaties, because the Constitution prohibits states from exercising those powers (although a state can engage in war if invaded).
What are some examples of exclusive powers of the state governments? ›
- Establish local governments.
- Issue licenses (driver, hunting, marriage, etc.)
- Regulate intrastate (within the state) commerce.
- Conduct elections.
- Ratify amendments to the U.S. Constitution.
- Provide for public health and safety.
First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power.
What are 10 constitutional powers of the national government? ›- Make currency.
- Declare wars.
- Create military branches.
- Sign treaties with foreign nations.
- Regulate interstate and international commerce.
- Make post offices and stamps.
- Make laws to support the Constitution.
- make treaties with the approval of the Senate.
- veto bills and sign bills.
- represent our nation in talks with foreign countries.
- enforce the laws that Congress passes.
- act as Commander-in-Chief during a war.
- call out troops to protect our nation against an attack.
Areas in which only the Commonwealth can make laws are called exclusive powers. Section 51 of the Constitution contains a long list of areas in which the Commonwealth can make laws. For some of these (defence, foreign affairs, overseas trade etc) the Commonwealth has the exclusive – sole – power to make laws.
What are exclusive and concurrent jurisdiction? ›Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case.
Which is the best example of a concurrent power? ›Concurrent powers are those held by both the national and state governments. Examples of concurrent powers include the power to tax, US citizens may pay both federal and state taxes.
Which of the following items comes under the Concurrent List? ›Some examples of the subjects in the concurrent list are criminal law, criminal procedure, administration of justice, evidence and oaths, inland shipping, preventive detention, marriage and divorce, property other than agricultural land, population control and family planning, trade unions, contract, actionable wrongs, ...
Which subjects transferred from state list to Concurrent List? ›The 42nd Amendment Act was enacted in 1976, reorganizing the Seventh Amendment to ensure that the subjects of the State list such as education, forestry, wildlife and bird protection, the administration of justice, and weights and measures were transferred to the Concurrent List.
What is Union List and Concurrent List? ›The union list details the subjects on which Parliament may make laws while the state list details those under the purview of state legislatures. The concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction.
What is Union List and Concurrent List? ›
The union list details the subjects on which Parliament may make laws while the state list details those under the purview of state legislatures. The concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction.
How many countries are there in Concurrent List? ›Concurrent list under Seventh Schedule. The concurrent list is a list of 47 subjects on which both the Union and State legislatures enjoy jurisdiction over.
What is Federal List State list and Concurrent List? ›The Constitution has three lists. The “Federal List” sets out matters that only Parliament can make laws on. The “State List” sets out matters that only Legislative Assemblies can make laws on. The Concurrent List sets out matters which Parliament and Legislative Assemblies can make laws on.
How many States are there in Concurrent List? ›Concurrent List. There are 52 (Originally 47) items currently in the list: This includes items which are under joint domain of the Union as well as the respective States.
Who can make laws on concurrent list? ›(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1), the Legislature of any State also, shall 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”).
What do you mean by union list state list and concurrent list describe all the lists with examples? ›it includes subjects such as education, railways, etc. state list consists of the subjects that are handled and seen by the state government. it includes forest , banking, transportation, etc. concurrent list consists of the subjects that are seen and controlled by both state and union government.
Which subjects transferred from state list to concurrent list? ›The 42nd Amendment Act was enacted in 1976, reorganizing the Seventh Amendment to ensure that the subjects of the State list such as education, forestry, wildlife and bird protection, the administration of justice, and weights and measures were transferred to the Concurrent List.
What are the main subjects of concurrent list? ›The Concurrent list includes subjects like Education including Technical education, Medical education and Universities, Population control and Family Planning, Criminal law, Prevention of cruelty to animals, protection of wildlife and animals, forests etc.
What is the difference between state and concurrent list? ›The Union List details the subjects on which the Parliament may make laws while, state list details those under the purview of state legislatures. The Concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction.
Where is concurrent list taken from which country? ›The correct answer is Australia. The following things have been borrowed from the Constitution of Australia: Concurrent List.
Is marriage a concurrent list? ›
Answer: Concurrent List – Forests, Education, Marriages. State List – Trade, Agriculture, Police. Union List – Defence, Communications, Banking.
Does marriage fall in concurrent list? ›Extradition is in the Union list. Prevention of cruelty to animals, Marriage, and divorce, Bankruptcy, and insolvency are subjects of the Concurrent List. There are 52 items currently on the concurrent list.