India/ 5.1 General legislation  

5.1.2 Division of jurisdiction

The Constitution of India under the Seventh Scheduledefines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union List-I, States List-II and Concurrent List-III as per the Provisions of the Article 246. Some of the questions pertaining to culture are enumerated in this list.

List I - Falling under absolute domain of the Central Government of the Indian Union, and from which the States or the Union territories are specifically excluded.

Relevant sections are below:

10. Foreign affairs; all matters which bring the Union into relation with any foreign country.

11. Diplomatic, consular and trade representation.

12. United Nations Organisation.

13. Participation in international conferences, associations and other bodies and implementing of decisions made thereat.

14. Entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign Ccuntries.

20. Pilgrimages to places outside India.

49. Patents, inventions and designs; copyright; trade-marks and merchandise marks.

60. Sanctioning of cinematograph films for exhibition.

62. The institutions known at the commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance.

63.The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of Article 371-E; any other institution declared by Parliament by law to be an institution of national importance.

66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.

67. Ancient and historical monuments and records, and archaeological sites and remains, declared by or under law made by Parliament to be of national importance.

68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations.

List II - Falling under exclusive domain of the individual State Governments and Union territories, and from which the Central Government is specifically excluded.

5. Local government, that is to say, the constitution and powers of municipal cor­porations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.

7. Pilgrimages, other than pilgrimages to places outside India.

12. Libraries, museums and other similar institutions controlled or financed by the State ancient and historical monuments and records other than those [declared by or under law made by Parliament] to be of national importance.

33. Theatres and dramatic performances; cinemas subject to the provisions of Entry 60 of List I; sports, entertainments and amusements.

44. Treasure trove.

List III - Subjects falling under the domain of both the Central as well as the State Governments and about which each can independently promulgate laws and lay down rules.

17-A. Forests

25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.

28. Charities and charitable institutions, charitable and religious endowments and religious institutions.

39. Newspapers, books and printing presses.

40. Archaeological sites and remains other than those …declared by or under law made by Parliament to be of national importance.


Chapter published: 22-04-2014


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