Centre-State Legislative Relations
Article 246 and the Seventh Schedule
The constitutional division of legislative powers is the primary obstacle to state-level internet regulation.
- Article 246(1): Parliament has exclusive legislative competence over subjects in List I (Union List). No state legislature can make laws on Union List subjects.
- Article 246(3): State legislatures have exclusive competence over List II (State List) subjects.
- Article 246(2): On List III (Concurrent List) subjects, both Parliament and states can legislate; in case of repugnancy, central law prevails (Article 254(1)).
- Entry 31, Union List: "Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication." — Internet regulation has been authoritatively placed within this entry.
- Internet services are governed centrally through the IT Act, 2000 (enacted under Entry 31) and the Telecommunications Act, 2023 (which replaced the Indian Telegraph Act, 1885, also under Entry 31).
- A state law purporting to regulate internet platforms would be unconstitutional under Article 246(1) — it would be void, not merely subject to repugnancy testing (which applies only to Concurrent List subjects).
● Tracked since February 20, 2026 · last seen March 07, 2026 · updates as the daily brief publishes
See it in today’s brief.
Daily current affairs with every static concept explained in place.
Read the daily brief