Correct option is B
The correct answer is (b) Concurrent List
Explanation:
- The subject 'Marriage' falls under the Concurrent List of the Seventh Schedule in the Indian Constitution.
- This means that both the Central and State Governments have the power to make laws regarding marriage, divorce, and related matters.
- However, in case of a conflict between central and state laws, the central law prevails as per Article 254 of the Constitution.
Information Booster:
Seventh Schedule of the Indian Constitution (COI)
The Seventh Schedule of the Constitution of India, 1950 classifies legislative powers between the Union and State Governments through three lists:
Article 246 – Distribution of Legislative Powers
- Article 246(1): Parliament has exclusive power to legislate on subjects in List I (Union List).
- Article 246(2): Both Parliament and State Legislatures can make laws on subjects in List III (Concurrent List).
- Article 246(3): State Legislatures have exclusive power over subjects in List II (State List).
Three Lists of Legislative Powers
- Union List (List I):
- Contains 98 subjects (originally 97).
- Subjects of national importance requiring uniform laws across India.
- Examples: Defence, Foreign Affairs, Banking, Currency, Union Taxes.
- State List (List II):
- Contains 59 subjects (originally 66).
- Matters of local/state interest within the legislative competence of State Legislatures.
- Examples: Public Order, Police, Health, Agriculture.
- Concurrent List (List III):
- Contains 52 subjects (originally 47).
- Both Union and State Legislatures can legislate.
- Acts as a middle ground to prevent rigid division of powers.
- Examples: Education, Criminal Law, Marriage, Trade Unions.
The Sarkaria Commission noted that subjects in the Concurrent List are neither purely national nor purely local, making it a constitutional grey area where both Union and State governments can function.