Article 246 of CoI : Article 246: Subject-matter of laws made by Parliament and by the Legislatures of States.

Explanation using Example

Example 1:

Scenario: Regulation of Banking Services

Explanation: Banking is a subject listed under the Union List (List I) in the Seventh Schedule of the Constitution of India. According to Article 246(1), only the Parliament has the exclusive power to make laws regarding banking services.

Example: The Parliament of India enacts a law called the "Banking Regulation Act" to govern all banking activities across the country. A state government, say Maharashtra, cannot pass a law that contradicts or overrides the provisions of the Banking Regulation Act because banking falls under the Union List.

Example 2:

Scenario: Education Policies

Explanation: Education is a subject listed under the Concurrent List (List III) in the Seventh Schedule of the Constitution of India. According to Article 246(2), both the Parliament and the State Legislatures have the power to make laws regarding education.

Example: The Parliament of India enacts a law called the "Right to Education Act" to ensure free and compulsory education for children. Simultaneously, the State Legislature of Tamil Nadu enacts a law to introduce additional educational programs specific to the state's needs. Both laws can coexist, but if there is any conflict between the two, the law made by the Parliament will prevail.

Example 3:

Scenario: Public Health and Sanitation

Explanation: Public health and sanitation are subjects listed under the State List (List II) in the Seventh Schedule of the Constitution of India. According to Article 246(3), the State Legislature has the exclusive power to make laws regarding public health and sanitation.

Example: The State Legislature of Kerala enacts a law called the "Kerala Public Health Act" to manage and regulate public health services within the state. The Parliament of India cannot pass a law that specifically targets public health and sanitation in Kerala, as it is a subject under the State List.

Example 4:

Scenario: Administration of Union Territories

Explanation: Union Territories are not included in any state and are directly governed by the Central Government. According to Article 246(4), the Parliament has the power to make laws for any part of the territory of India not included in a state, even if the matter is listed in the State List.

Example: The Parliament of India enacts a law called the "Delhi Municipal Corporation Act" to govern the municipal administration of the Union Territory of Delhi. The Delhi Legislative Assembly cannot pass a law that contradicts or overrides this Act, as Delhi is a Union Territory and falls under the direct legislative power of the Parliament.