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”).
- (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State 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.
246-A
– States given power to tax goods and services. (previously, they couldn’t tax services.)
– But only UNION will have the power to tax inter-state supply of goods and services
in the form of “IGST”
IN ARTICLE 246 BOTH STATE AND CENTRAL MAKE LAWS?
yes
No, Parliament, and the Legislatures of the State, make any law under article 245 of the Constitution. In Article 245, words “may make laws” have been used.
Gentleman,
Article 246, article 246A, and article 248 of the Constitution of India do not give powers to make any law to any Legislature. They simply distribute subject matters of laws, or the legislative fields, with respect to which, Legislatures shall be competent for making laws, if they have legislative power.Parliament, and the Legislature of each State derive their legislative powers from article 245 of the Constitution. Legislative powers of Parliament, and the Legislatures of the States, provided by Article 245, are subjected to other provisions of the Constitution.