Explain the Residuary power of legislation.
N.K. Sharma
Asked: January 28, 20242024-01-28T09:48:14+05:30
2024-01-28T09:48:14+05:30In: Political Science
Explain the Residuary power of legislation.
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The residuary power of legislation refers to the authority vested in the central government to legislate on matters not explicitly listed in any of the three lists (Union List, State List, and Concurrent List) of the Seventh Schedule of the Indian Constitution. Enshrined in Article 248, this power ensures that the central government has jurisdiction over subjects that are not expressly allocated to either the Union or the States.
When a legislative subject falls outside the scope of the three lists, it is considered a residuary subject. The Parliament has the exclusive power to make laws on residuary subjects. This provision ensures that the central government can address unforeseen or evolving issues that may not have been explicitly contemplated during the framing of the Constitution.
The residuary power provides flexibility in governance, allowing the central government to legislate on matters of national importance that may not have been foreseeable when the Constitution was drafted. However, it also emphasizes the federal nature of the Indian polity, as it reserves specific powers for the states while providing a mechanism for the central government to address gaps in legislative coverage.