In the Seventh Schedule of the Constitution of India, in which list is the subject "foreign jurisdiction" included?

Difficulty: Easy

Correct Answer: Union

Explanation:


Introduction / Context:

The Seventh Schedule of the Constitution of India divides legislative subjects between the Union and the States through three lists: the Union List, the State List, and the Concurrent List. Understanding which subject falls into which list is fundamental for mastering Indian polity, as it determines the competence of Parliament and State legislatures. The subject foreign jurisdiction is a specialised topic connected with the power of the Union regarding external or extra territorial matters. The question tests whether you remember in which list this subject is placed.



Given Data / Assumptions:

  • The focus is on the Seventh Schedule of the Constitution of India.
  • We must identify the correct list that contains the subject foreign jurisdiction.
  • Available options are Union, State, Global, Concurrent, and a generic residuary list option.
  • We assume the standard structure of the Seventh Schedule with three lists.


Concept / Approach:

The Union List contains subjects of national and international importance where uniform legislation is essential, such as defence, foreign affairs, and citizenship. Foreign jurisdiction logically relates to the authority of the Indian State in matters outside its normal territorial limits or involving foreign territories and powers. Because these matters require a single national stance, they fall exclusively under the Union List. The State List mainly contains subjects of local or regional importance, and the Concurrent List contains areas where both Union and States can legislate. Therefore, by understanding the logic of distribution of powers, you can identify that foreign jurisdiction must fall in the Union List.



Step-by-Step Solution:

Step 1: Recall that the Seventh Schedule divides powers into Union, State, and Concurrent Lists. Step 2: Identify the nature of the subject foreign jurisdiction. It deals with the legal authority of India in areas involving foreign territories or international aspects. Step 3: Recognise that foreign affairs and related matters are typically of national importance and must be handled uniformly. Step 4: Remember that subjects like defence, foreign affairs, citizenship, and related fields are part of the Union List. Step 5: Conclude that foreign jurisdiction, due to its close connection to foreign affairs and external sovereignty, is placed in the Union List.


Verification / Alternative check:

You can verify this by recalling another example: foreign affairs and all matters which bring India into relation with any foreign country are explicitly listed in the Union List. Because foreign jurisdiction is conceptually linked to the same broad theme of external sovereignty and international responsibilities, it is sensible that it too is allocated to the Union List. The State List focuses more on issues like police, public health at the state level, and agriculture, which are clearly domestic in scope, confirming further that foreign jurisdiction cannot be in the State or Concurrent Lists.



Why Other Options Are Wrong:

The State List covers matters of regional concern such as public order within the state, police, and local government, which have little to do with external relations. The Concurrent List includes topics like criminal law and marriage where both Union and States legislate, not specialised areas like foreign jurisdiction. Global is not a constitutional category at all and is simply a distractor. The residuary list is not a list within the Seventh Schedule; residuary powers of legislation lie with Parliament under Article 248 and Entry 97 of the Union List, but foreign jurisdiction is explicitly listed and therefore is not just a residuary matter.



Common Pitfalls:

Candidates sometimes confuse foreign jurisdiction with residuary powers or think it might be Concurrent because of confusion with international treaties that may affect both Union and States. However, the key is to remember that anything closely related to foreign affairs and external sovereignty belongs to the Union List. Careful reading of the Seventh Schedule entries, or at least remembering the broad themes, prevents such confusion.



Final Answer:

The subject foreign jurisdiction in the Seventh Schedule is included in the Union List.


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