Lok Sabha Question No. 2178 (UNSTARRED), answered on 2021-03-08
Subject: Revisiting of Seventh Schedule of Constitution
Ministry: FINANCE
Asked by: Imtiaz Jaleel Syed, Asaduddin Owaisi

## GOVERNMENT OF INDIA MINISTRY OF FINANCE

## DEPARTMENT OF ECONOMIC AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 2178 TO BE ANSWERED ON MONDAY 8 th  MARCH, 2021 [17 PHALGUNA, 1942 (SAKA)]

## 'Revisiting of Seventh Schedule of Constitution'

## No. 2178.  Shri Syed Imtiaz Jaleel: Shri Asaduddin Owaisi:

Will the Minister of Finance be pleased to state:

- (a) whether the Finance Commission Chairman has called for revisiting of the Seventh Schedule of the  Constitution  including  those  related  to  health,  education,  infrastructure  in  view  of  the changed scenario of priorities and global interdependence;
- (b) if so, the details thereof;
- (c) whether  under  the  said  schedule,  both  Centre  and  State  can  make  laws  on  the  subjects  of concurrent list but Union law will prevail in case of conflict; and if so, the details thereof;
- (d) whether keeping in view the recent conflict between Centre and States, the demand for revisiting schedule is eminent; and
- (e) if so, the steps taken or being taken by the Government in this regard?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI ANURAG SINGH THAKUR)

- (a) & (b) The Fifteen Finance Commission in para 5.42 (xii) of the Chapter 5 of its main report for  2021-26  has  mentioned  that  'The  Union  Government  may  initiate  action  for Constitutional amendment to effect a change that enables periodic revision of the limits of  professions  tax  upon  the  recommendations  of  the  President  of  India,  after  taking cognisance a recommendation to this effect by the Finance Commission.'
- (c) As  per  Article  254  of  the  Constitution  following  are  the  provisions  in  respect  of inconsistency between laws made by Parliament and laws made by the Legislatures of States:
- (1)  If  any  provision  of  a  law  made  by  the  Legislature  of  a  State  is  repugnant  to  any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law 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,  whether  passed  before  or  after  the  law  made  by  the  Legislature  of  such

State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:

Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.

(d) & (e) No such proposal is under consideration.

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