Meaning and Constitutional Basis
Residuary Power refers to the authority of the Union Parliament to make laws on matters that are not enumerated in the State List (List II) or the Concurrent List (List III) of the Seventh Schedule. This power ensures that no legislative subject remains unregulated merely because it was not foreseen at the time of drafting the Constitution. The concept is embodied in Article 248 of the Indian Constitution, which grants exclusive power to Parliament to legislate on such residuary matters. Furthermore, Entry 97 of the Union List in the Seventh Schedule supports this provision. The doctrine ensures flexibility and adaptability of the Indian legal system to new subjects such as information technology, cybercrimes, and digital assets.
Legal Provisions and Scope
According to Article 248(1), Parliament has exclusive power to make any law with respect to any matter not enumerated in the State or Concurrent Lists. Article 248(2) also authorizes Parliament to impose taxes on such residuary subjects. This centralization of residuary power in the Union is different from federal constitutions like the United States, where such powers lie with the states. The intention of the framers was to maintain national unity and legislative uniformity on emerging subjects of national importance. The Supreme Court, through several judgments, has upheld the interpretation that residuary powers must be exercised by Parliament in a manner consistent with federal principles.
Importance and Constitutional Interpretation
The residuary power plays a vital role in maintaining the dynamic nature of the Indian Constitution. It enables Parliament to address new challenges arising from social, technological, and economic developments. This provision also prevents legislative deadlocks between the Centre and States over subjects not mentioned in any list. The Supreme Court in Union of India v. H.S. Dhillon (1972) affirmed that Parliament alone has residuary legislative competence. Thus, residuary powers reflect the quasi-federal character of the Indian Constitution—strong at the Centre yet flexible enough to accommodate future legislative needs.
Real-Time Example
A practical example of residuary power can be seen in the Information Technology Act, 2000, enacted by Parliament to regulate cyber activities and crimes. Since “cyber laws” and “electronic commerce” were not mentioned in any of the three legislative lists, Parliament exercised its residuary powers under Article 248 read with Entry 97 of List I. Similarly, laws on cryptocurrency regulation or digital privacy are modern examples where the Union exercises its residuary powers. These instances illustrate how Parliament can legislate on new and unforeseen areas critical to national governance.
Mnemonic to Remember – “ART”
A – Article 248 grants the power
R – Resides with Parliament only
T – Technology and new subjects covered
The mnemonic “ART” helps remember that Article 248 provides Residuary powers to Parliament, ensuring adaptability to Technological and emerging issues in law-making.
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Learn everything about Residuary Power under the Indian Constitution at Lawgnan.in. Understand how Article 248 and Entry 97 of the Union List empower Parliament to legislate on new and unforeseen subjects beyond the State and Concurrent Lists. Explore its constitutional importance, judicial interpretations, and real-world examples like the Information Technology Act, 2000 and cryptocurrency laws. Perfect for law students, judiciary aspirants, and UPSC candidates, this article simplifies the complex concept of residuary powers and their role in India’s quasi-federal structure. Visit Lawgnan.in to strengthen your legal understanding and stay updated on evolving legislative powers.
