Q: Discuss subject matter under seventh schedule of Indian Constitution ?

Ans:  Subject Matter: 


The 7th schedule comprises of three lists i.e., Union list, concurrent list and state list.

The priority of union list is greater than concurrent list and the priority of concurrent list is greater than union list.

The Parliament will make laws in following subject matters and will supercede in the following matters:

1. National Emergency President's Rule.

2. Rajya Sabha passes a resolution

3. On state's request

4. Implementing international agreements.

Doctrine of Pith and Substance:

1. Prafulla Kumar V. Bank of Commerce

The doctrine of pith and substance comprises of three tests i.e., Object,  Scope and Effect.

The main nature of Bengal Money laundering act is to govern the money lending activities and it is incidentally encroaching upon the matter of promissory note but this act was held to be valid.

Similarly,  in case of State of Bombay Vs. F. N. Balsara,  AIR 1951, SC 318, the law was made regarding sale,import and profession of liquor.

The law was Bombay Prohibition Act and this state legislation incidentally governing import and export as well.

The import and export is central subject.  To determine the validity of this act, the court used doctrine of pith and substance. The act was held to be valid .

The Article 254 of Indian Constitution connotes about repugnancy clause. According to repugnancy clause, if even parliament makes law on the same subject matter, and state also makes law on same subject matter,  for that particular subject matter,  the law made by parliament would be valid and the law made by state would be void.

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