Which one of the following statements is correct as per the Constitution of India?
Contents17
- AInter-State trade and commerce is a State subject under the State List.
- BInter-State migration is a State subject under the State List.
- CInter-State quarantine is a Union subject under the Union List.
- DCorporation tax is a State subject under the State List.
Show answer
Answer: (C) Inter-State quarantine is a Union subject under the Union List.
Correct Answer: (c) Inter-State quarantine is a Union subject.
Let's check each option:
(a) Inter-State trade and commerce — this is in the Union List, not State List. ✗ WRONG.
(b) Inter-State migration — this is also in the Union List (Entry 81). ✗ WRONG.
(c) Inter-State quarantine — this is indeed a Union subject under the Union List (Entry 81, along with inter-state migration). ✓ CORRECT.
(d) Corporation tax — this is in the Union List (Entry 85), not the State List. ✗ WRONG.
Key point: Anything with 'Inter-State' in it is generally a Union subject because it involves coordination between states.
The Seventh Schedule under Article 246 divides subjects into Union List, State List, and Concurrent List.
The Seventh Schedule divides legislative powers between Union and States through three lists, with 'inter-state' matters typically falling under Union control to ensure coordination between states.
Entry 81 of the Union List covers both inter-state migration and inter-state quarantine, reflecting the constitutional principle that cross-border issues require central oversight.
The question tests whether students can distinguish between subjects that sound state-related but are actually Union subjects due to their inter-state nature.
Seventh Schedule & Division of Powers
Indian Polity Constitution of India State subject State List Union subject Union List
Seventh Schedule: Division of Legislative Powers Between Union & States
Article 246 divides legislative powers through Seventh Schedule into 3 lists
Union List has 100 entries - subjects of national importance
State List has 61 entries - subjects of local/regional importance
Inter-state matters are generally Union subjects for coordination
Concurrent List has 52 entries - subjects where both can legislate
Constitutional Framework
The Seventh Schedule under Article 246 establishes India's federal structure by dividing legislative powers. This prevents conflicts between Union and State governments by clearly defining who can make laws on which subjects.
Three Lists Comparison
List | Entries | Legislative Authority | Key Principle | Examples |
|---|---|---|---|---|
Union List | 100 | Parliament only | National importance | Defence, Foreign Affairs, Currency |
State List | 61 | State Legislature only | Local/Regional matters | Police, Agriculture, Land |
Concurrent List | 52 | Both (Union prevails) | Shared importance | Education, Forests, Marriage |
Key Constitutional Principles
Union prevails in Concurrent List - if both make conflicting laws, Union law overrides State law
Residuary powers (subjects not in any list) belong to Union under Article 248
Emergency provisions can transfer State subjects to Union temporarily
Inter-state coordination requires Union control - hence inter-state matters in Union List
Question Context
This question tests knowledge of which list contains specific subjects. Inter-state quarantine (Entry 81, Union List) was the correct answer because inter-state matters need central coordination for effectiveness.
Trap: Students assume all 'inter-state' subjects are in State List - they're actually in Union List
Trap: Corporation tax sounds like a state matter but it's Union List Entry 85
Trap: Confusing similar entries - Entry 81 covers both inter-state migration AND quarantine
Trap: Mixing up list numbers - Union has 100 entries, State has 61, Concurrent has 52
Inter-State Subjects in Union List
Indian Polity Inter-State trade Inter-State migration Inter-State quarantine
Inter-State Subjects: Why They Belong to Union List
All inter-state matters are Union subjects for coordination across state boundaries
Entry 81 covers inter-state migration, quarantine, and related matters
Entry 42 covers inter-state trade and commerce
States cannot regulate matters that cross their borders effectively
Logic Behind Union Control
Inter-state subjects require uniform policies and central coordination. Individual states cannot effectively regulate trade, migration, or health measures that cross state boundaries - hence these fall under Union jurisdiction.
Key Inter-State Entries in Union List
Entry | Subject | Coverage | Why Union Control Needed |
|---|---|---|---|
Entry 42 | Inter-state trade & commerce | Trade between states | Uniform commercial laws, prevent trade barriers |
Entry 81 | Inter-state migration & quarantine | Movement of people, disease control | Coordinated health policy, labor mobility |
Entry 13 | Inter-state rivers | Water disputes, projects | Fair water sharing, integrated planning |
Entry 32 | Inter-state transportation | Railways, highways | Seamless connectivity, uniform standards |
Constitutional Reasoning
Uniformity principle - inter-state matters need consistent policies across India
Coordination imperative - states acting separately could create conflicts or barriers
National integration - free movement of goods, people, and services strengthens unity
Dispute prevention - central authority prevents inter-state conflicts over shared resources
Memory trick: If it says 'inter-state' → automatically think Union List
Trap: Don't confuse Entry 81 (migration + quarantine) with separate entries
Trap: Intra-state trade is State subject, inter-state trade is Union subject
Common error: Assuming quarantine is always a health/state matter - inter-state quarantine needs coordination
Taxation Under Union & State Lists
Indian Polity Corporation tax
Distribution of Taxation Powers: Union vs State Lists
Corporation tax is Union subject under Entry 85 of Union List
Major direct taxes (income, corporation, customs) belong to Union
Local taxes (land revenue, stamp duty, excise on liquor) belong to States
GST is in Concurrent List after 101st Amendment
Tax Distribution Logic
Corporation tax belongs to Union because companies operate across states and need uniform tax treatment. The Constitution assigns major revenue-generating taxes to Union while giving States control over local taxes.
Major Taxes: Union vs State Lists
Tax Type | List | Entry | Rationale |
|---|---|---|---|
Corporation Tax | Union | Entry 85 | Companies operate pan-India |
Income Tax | Union | Entry 82 | Need for uniform personal taxation |
Customs Duty | Union | Entry 83 | International trade is Union subject |
Land Revenue | State | Entry 45 | Local land records and administration |
Stamp Duty | State | Entry 63 | Local property transactions |
Excise on Liquor | State | Entry 51 | Social policy varies by state |
Recent Changes & Exceptions
GST (101st Amendment, 2016) moved indirect taxes to Concurrent List for unified taxation
Service tax was Union subject before GST integration
Petroleum products remain outside GST - States retain excise powers
Revenue sharing through Finance Commission ensures States get share of Union taxes
Major trap: Corporation tax sounds business-related so students think State - it's Union Entry 85
Confusion: Entry 85 covers taxes on corporate income, not just registration fees
GST trap: Don't say indirect taxes are only Union - GST is Concurrent post-2016
Land vs Property: Land revenue is State, but income from property can be Union-taxed
Articles 246-248: Legislative Powers Framework
Indian Polity
Articles 246-248: Constitutional Framework for Legislative Powers
Article 246 divides legislative powers using Seventh Schedule lists
Article 248 gives residuary powers to Union Parliament
Article 247 allows Parliament to create new All-India Services
Exclusive + Concurrent powers define federal structure clearly
Constitutional Architecture
Articles 246-248 form the backbone of India's federal structure by precisely defining legislative competence. This prevents jurisdictional conflicts and ensures smooth governance across Union and State levels.
Legislative Power Determination Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Check Union List (100 entries)**
Parliament has exclusive power`"]
s2["`**Check State List (61 entries)**
State Legislature has exclusive power`"]
s3["`**Check Concurrent List (52 entries)**
Both can legislate, Union law prevails`"]
s4["`**Not in any list?**
Residuary power belongs to Union (Article 248)`"]
s1 --> s2
s2 --> s3
s3 --> s4Key Articles & Their Functions
Article | Provision | Scope | Key Point |
|---|---|---|---|
Article 246(1) | Union List - Parliament exclusive | 100 subjects | Defence, foreign affairs, currency |
Article 246(3) | State List - State Legislature exclusive | 61 subjects | Police, agriculture, local govt |
Article 246(2) | Concurrent List - Both can legislate | 52 subjects | Union law prevails in conflict |
Article 248 | Residuary powers to Union | Unlisted subjects | Future subjects, technology, etc. |
Number trap: Union 100, State 61, Concurrent 52 - don't mix these up
Residuary confusion: Unlisted subjects go to Union, not States (unlike USA)
Article mix-up: 246 for lists, 248 for residuary - easy to swap in MCQs
Concurrent trap: Both can legislate but Union law always prevails in conflict