Residuary powers of legislation
Article 248 — Residuary powers of legislation
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.
Plain English Summary
This article states that the Parliament of India has the final authority to make laws on any subject that is not specifically listed in either the Concurrent List (laws made by both central and state governments) or the State List (laws made only by state governments). It also gives Parliament the power to create taxes that are not mentioned in these lists.
Key Points
- Parliament has exclusive power over subjects not covered by the Union List, State List, or Concurrent List.
- This is the "residuary power," meaning it covers any subject left out of the specific lists.
- Parliament can legislate on matters that do not fall under the purview of state governments.
- It includes the power to introduce new taxes not mentioned in the existing lists.
Why It Matters
This provision ensures that the central government has the ultimate authority to legislate on subjects that are not specifically assigned to the states, ensuring national uniformity where necessary.
Landmark Judgements
No major landmark judgements.