Entry 77 of List 1 (Union List), Entry
65 of List II (State List) and Entry 46 of List III (Concurrent List).
28. The learned ... Court, with respect to any of the matters in this
List.”
List III - Concurrent List
46. Jurisdiction and powers of all courts, except the
Supreme
Union and the States in mutually exclusive lists, List I (Union), List II (State) and List-III (Concurrent).
13.3. Clause (1) of Article ... List III;
(b) the State Legislature has exclusive power to legislate in the matter of List II, minus the matters listing in Lists
List 3 taking it out of Entry 27 of List 2. Even so, the Centre as well as the Provincial Legislatures had concurrent jurisdiction ... Entry 27 of the List II of Seventh Schedule becomes part of Entry 33 of List III which is a concurrent list. Third consequence that
that power under Article 246(2) and the entry in the Concurrent List, whether prior or later to the law made by the State Legislature ... concurrence of the Government of the State, the President may by order specify.
16. The Parliament, therefore, out of the Concurrent List is empowered
read along with the three Lists namely the Union
List, the State List and the Concurrent List. The taxing powers of
the Union as well ... Union List as well as the State List i.e. List I and
List II respectively. The Entries in the Lists are the fields
repugnancy due to overlapping found between List II on
the one hand and List I and List III on the other. If such overlapping
exists ... List I, shall prevail over the State powers, as
enumerated in Lists II and III, and in case of overlapping between
Lists
List III are to be considered.
The following is the comparative chart:
List I (Union List)
List II (State List)
List III (Concurrent List)
Entry ... List III.
37. We are concerned with the following entries in the respective Lists;
List I (Union List)
List II (State List)
List III (Concurrent
present Act falls within Item 18 of List II (State List). Item 18 of List II is as follows :
"18. Land, that ... other, since the former fell within List I or List III and the latter in List II.
In the case of Prem Nath Kaul
List I; vocational and technical training of labour. List III is a concurrent
list. Needless to state that, by virtue of Entry 25 in List ... with respect to one of the
matters enumerated in the Concurrent List, then, subject
to the provisions of clause (2), the law made by Parliament
with respect to one of
the matters enumerated in the Concurrent List, then,
subject to the provisions of clause (2), the law made by
Parliament ... under its own exclusive list can override a
Central law made under List I (Central List) or List III (Concurrent List).
Incidental encroachment upon
