Question

What is meant by ‘residuary powers’ of the government?

Answer 1

Hint: Article 248 of the Indian Constitution states that the residuary powers of the legislation are vested in the hands of the government. In addition to that entry 97 in the union list also deals with residuary powers.

Complete Step by Step answer:
The makers of the constitution very well understood that there may be matters that are mentioned in the Union or even Concurrent list. Such matters may hold importance and may also require immediate action to place. When such a situation arrives, the parliament of India will be granted the power to make legislation on that particular subject. These are known as the residuary powers. The state legislative assemblies, however, do not hold this kind of power.

The parliament can make laws with the matters that are not enumerated in the second and third list. Entry 97 of the Union list also states that the parliament is authorized to make laws and legislation concerning any subject matter that is not present in list 2 and list 3. However, it should be noted that the scope of such a power is restricted. This is because the three lists include all possible subjects that are of prime importance and require our attention. Various commissions put forward the demand for residuary powers of the State. However, no such law has been passed.

Note: Sarkaria Commission, which was a commission to interpret the centre-state relations in India, rejected the idea of giving residuary powers to the state. It said that the residuary powers relating to taxation should be vested only in the hands of the centre.