Part XI - Union-State Relations • Article

Article 248 Simplified: Residuary powers of legislation

Article 248 vests residuary legislative powers exclusively in Parliament. This means that if a new subject arises that is not listed in either the State List or Concurrent List of the Seventh Schedule, only Parliament has the power to make laws or impose taxes on it.

Official Text

(1) [Subject to article 246A, 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.

Simple Meaning

Explain Like Ten

If a new invention or topic comes up that isn't written in the old rules (like the Internet, AI, or space travel), only the central government (Parliament) is allowed to write rules for it.

Student Mode

Article 248 vests residuary powers of legislation exclusively in Parliament. If a subject does not appear in the Union, State, or Concurrent Lists of the Seventh Schedule (e.g., cyber laws, space research, or modern taxation like carbon tax), Parliament has the sole authority to legislate on it. This reflects the strong-centre bias of Indian federalism, similar to Canada.

Example

When the Constitution was written in 1949, cyber technology and the internet did not exist. Because cyber laws are not listed in the State or Concurrent Lists, Parliament utilized its residuary powers under Article 248 to enact the Information Technology (IT) Act, 2000.

Key Takeaway

Article 248 ensures that any unforeseen or modern legislative subjects automatically fall under the exclusive lawmaking domain of the Union Parliament.

FAQs

What is an example of a law passed under residuary powers?

The Information Technology Act, 2000 (cyber law) is a classic example, as the internet did not exist when the Constitution was framed in 1949.

How does India's residuary power compare with the United States?

In India, residuary powers belong to the Centre (Parliament), whereas in the USA, they belong to the States, reflecting India's quasi-federal structure.

Quiz

In the Indian Constitution, residuary legislative powers are vested in:

Answer: The Parliament

Which country's model did India follow for vesting residuary powers in the Centre?

Answer: Canada