Understanding Residuary Subjects in the Indian Constitution
The Constitution of India, specifically the Seventh Schedule, divides legislative powers between the Union (Parliament) and the State Legislatures. This division is organized into three lists:
- Union List (List I): Subjects on which only Parliament can legislate.
- State List (List II): Subjects on which only State Legislatures can legislate (under normal circumstances).
- Concurrent List (List III): Subjects on which both Parliament and State Legislatures can legislate, with Union law prevailing in case of conflict.
Legislative Power on Residuary Subjects
The question concerns 'Residuary Subjects'. These are matters that are not explicitly mentioned in any of the three lists within the Seventh Schedule of the Indian Constitution. According to Article 248 of the Constitution of India:
The Parliament of India has the exclusive power to make laws with respect to any matter which is not enumerated in the Concurrent List or State List. Such residuary matters fall under the domain of the Parliament.
Analysis of Options
Let's analyze why Parliament holds this power:
- The President of India: The President is the head of the executive branch and has certain legislative powers like ordinance-making, but does not possess the exclusive power to legislate on residuary subjects.
- Parliament: As per Article 248, Parliament exclusively holds the power to legislate on residuary subjects. This is a key aspect of India's quasi-federal structure, giving the central legislature authority over unforeseen or new matters.
- The Supreme Court: The Supreme Court is the highest judicial body and interprets the Constitution. It adjudicates disputes regarding legislative powers but does not legislate itself.
- State Legislatures: State Legislatures have powers confined to the subjects in the State List and, concurrently, the Concurrent List. They do not have jurisdiction over residuary subjects.
Therefore, the authority to legislate on matters not covered in the Union, State, or Concurrent Lists rests solely with the Parliament.
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Important Questions from Indian Polity
Consider the following statements :
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Which of the statements given above is/are correct?
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