Union List is the first list in the Seventh Schedule of the Constitution of India, containing 97 entries over which Parliament has exclusive power to make laws. Under Indian law, Article 246(1) provides that Parliament has exclusive legislative competence over Union List subjects, and this power prevails over any conflicting claim by a State Legislature under the non-obstante clause.
Legal definition
Article 246(1) of the Constitution provides:
Article 246(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").
The Union List contains 97 entries covering subjects of national and inter-state importance. Key categories include:
- Defence and external affairs: Defence of India (Entry 1), foreign affairs (Entry 10), war and peace (Entry 2), diplomatic representation (Entry 12)
- Communications: Railways (Entry 22), national highways (Entry 23), shipping and navigation (Entry 24-25), airways (Entry 29), posts and telegraphs (Entry 31)
- Banking and finance: Reserve Bank of India (Entry 38), banking (Entry 45), foreign exchange (Entry 36), currency and coinage (Entry 36), public debt of the Union (Entry 37)
- Regulation: Regulation of mines and oilfields (Entry 53-54), regulation of industries (Entry 52), inter-state trade and commerce (Entry 42), patents and copyrights (Entry 49)
- Taxation: Income tax (Entry 82), customs duties (Entry 83), excise duties (Entry 84), corporation tax (Entry 85), taxes on capital value of assets (Entry 86)
- Residuary: Entry 97 — any other matter not enumerated in List II or List III
The non-obstante clause in Article 246(1) ("notwithstanding anything in clauses (2) and (3)") ensures that Parliament's power over Union List subjects is supreme and cannot be defeated by conflicting State legislation, even on Concurrent or State List matters.
How courts have interpreted this term
Union of India v. H.S. Dhillon [(1971) 2 SCC 779]
The Supreme Court held that when Parliament's competence to enact a law is challenged, the court must first check whether the subject falls within the State List (List II). If the subject is not in List II, no further inquiry is needed — Parliament is competent either under a specific Union List entry, a Concurrent List entry, or under the residuary power of Entry 97 read with Article 248. This case established the primacy of Union legislative competence in India's federal structure.
State of Bombay v. F.N. Balsara [AIR 1951 SC 318]
The Supreme Court held that entries in the Union List must be interpreted broadly and liberally. A liberal construction ensures that Parliament can effectively legislate on matters of national importance. The Court also held that if an entry in the Union List and an entry in the State List appear to overlap, the Union List entry prevails because of the non-obstante clause in Article 246(1).
Synthetics and Chemicals Ltd. v. State of U.P. [(1990) 1 SCC 109]
The Supreme Court reaffirmed that entries in the legislative lists are not sources of legislative power but rather fields of legislation. The source of power is Article 246 itself. Entries must be construed harmoniously with each other, and when two entries appear to cover the same subject, the doctrine of pith and substance must be applied to determine which list the legislation genuinely falls under.
Why this matters
The Union List represents the core of Central legislative supremacy in the Indian federal system. It encompasses subjects that require uniform national policy — defence, foreign affairs, currency, communications, inter-state trade, and major taxation. The breadth of the Union List, combined with Entry 97's residuary power and Article 248, reflects the Constitution's design of a federation with a strong Centre.
For practitioners, the Union List is relevant in two primary contexts: first, when challenging a State law as encroaching on a Union List subject (which would render the State law void for want of legislative competence); and second, when defending Central legislation against the argument that it invades a State List subject. The doctrine of pith and substance and the doctrine of colourable legislation are frequently invoked in such disputes.
An important practical point is the expansive nature of Entry 97, which gives Parliament residuary power over any subject not enumerated in the State or Concurrent Lists. This has enabled Parliament to legislate on emerging subjects like information technology, space, and nuclear energy, which the framers could not have foreseen in 1950.
Related terms
Seventh Schedule:
Related concepts:
Frequently asked questions
Can a State Legislature make laws on Union List subjects?
No. Under Article 246(1), Parliament has exclusive power to legislate on Union List subjects. State Legislatures have no competence to enact laws on these matters. If a State law in its pith and substance deals with a Union List subject, it will be struck down as ultra vires the State Legislature's legislative competence. The only exception is where Parliament, by law, delegates certain powers to the States.
What is Entry 97 of the Union List?
Entry 97 provides: "Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists." This is the residuary entry, giving Parliament power to legislate on any subject not covered by the State or Concurrent Lists. Read with Article 248, it ensures that there is no legislative vacuum in the Indian constitutional system — any unenumerated matter falls within Parliament's competence.
How many entries are in the Union List?
The Union List contains 97 entries. The number has remained relatively stable since 1950, though some entries have been amended or substituted by constitutional amendments. For example, the 101st Amendment (2016) significantly modified entries related to taxation to implement the Goods and Services Tax (GST) regime.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.