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| Seventh Schedule to the Constitution of India ： ウィキペディア英語版 |
Seventh Schedule to the Constitution of India
The Seventh Schedule contains the Union List, State List and Concurrent List.〔(【引用サイトリンク】url=http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss%2835%29.pdf ) 〕 The lists specify which subjects Parliament, State Legislatures and both Parliament and State Legislatures can legislate on. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.
Uniformity is desirable but not essential on items in the concurrent list. If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. There is an exception to this in cases "where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State. Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State."〔 〕
==Distribution of powers==
The subject of federalism covers legislative, executive and judicial powers, as distributed between the Union and its units. The essence of federalism lies in the sharing of legal sovereignty by the Union and the federating units.〔 The constitutional provisions in India on the subject of distribution of legislative powers between the Union and the States are spread out over several articles (articles 245-254). The most important of those provisions is that contained in articles 245-246. Article 245 provides, inter alia, that Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. Thus, article 245 sets out the limits of the legislative powers of the Union and the States from the geographical (or territorial) angle. From the point of view of the subject matter of legislation, it is article 246 which is important.〔 〕
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