General Knowledge - Indian Politics - Discussion

Distribution of power is as per 3 list in 7th Schedule of Constitution.

Why the concept of residuary powers came?

As society keeps evolving with time and new subject will come into focus like IT subject or Disaster management. So in order to remove any confusion or conflict that who should exercise their power to legislate on these evolving subjects a provision has been included in our constitution as art 248 which empowers parliament to legislate over the evolving subjects (left over not included initially) called residuary subjects.

In case this art is not there then before framing laws on these new subjects a constitution amendment would have been required to include subject in one three lists and then formulate the laws unnecessarily causing delay.

Note:- Judiciary (being the interpreter of constitution) has a very important role to play in deciding the residuary powers.

Hope this clears what are residuary powers and why do we need it?

The constitution makers wanted to be so precise about the distribution of powers between the governments, that after providing for the three lists, they provided for residuary subjects. Matters which are not included in any of the three lists are known as residuary subjects and the right to make laws on these subjects is called residuary power. The central government (the Parliament) has been given rights to legislate on these subjects.

248.Residuary powers of legislation.-

(1)Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

All those matters which are not included in any of the three list and any matters which emerges out of these list the parliament has the power to legislate upon them.

This power is known as RESIDUAL POWER.

Residuary power are those power which is not mentioned neither state list nor concurrent list issued by central government like-sudden issue(disaster etc.).

Residuary powers are those powers which can be made by the parliament only. It is different from 3 lists, union list, state list and concurrent list.

Residuary Power means except state list, concurrent list and state list.

But it is used by President when the time of National Emergency.

I Think - Residuary powers are those powers which come not under any of the three lists i.e. state list concurrent list and union list.

Residuary powers are those power which is retained by the government after certain powers have been delegated to other authorities.

These powers are neither under the legislative powers of the State nor the Union, but is under the jurisdiction of the Judiciary.