Residuary Powers of Legislation

Introduction  

The doctrine of residuary powers of legislation constitutes a fundamental principle in the distribution of legislative competence under the Indian Constitution. Article 248 vests Parliament with exclusive authority to legislate on matters not enumerated in either the Concurrent List (List III) or the State List (List II) of the Seventh Schedule. This constitutional provision ensures comprehensive legislative coverage and prevents any legislative vacuum that may arise from the enumeration of specific subjects in the three Lists. The residuary power serves as a safeguard mechanism, enabling the Union to address emerging subjects and contemporary issues that were not contemplated by the framers of the Constitution. 

Constitutional Framework: Article 248 

• Article 248 of the Constitution establishes the residuary legislative powers of Parliament in two distinct clauses. Clause (1), as amended by the Constitution (One Hundred and First Amendment) Act, 2016, provides that subject to Article 246A, Parliament has exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or State List.  
• This exclusivity ensures that only the Union legislature possesses competence over residuary subjects, thereby preventing any conflict or overlap with State legislatures.  
• Clause (2) extends this power to include the imposition of taxes not mentioned in either the Concurrent or State Lists, thus granting Parliament plenary fiscal authority over novel forms of taxation.  
• The express reference to Article 246A, which relates to goods and services tax, demonstrates the Constitution's adaptability to incorporate specific amendments while preserving the general residuary framework. 

Scope and Judicial Interpretation 

• The residuary power conferred by Article 248 has been subject to extensive judicial scrutiny to delineate its scope and limitations. 
•  The Supreme Court has consistently held that the residuary power is exclusive to Parliament and cannot be exercised by State legislatures under any circumstances. This exclusivity operates as a constitutional embargo against State encroachment upon subjects falling outside the enumerated Lists.  
• The Courts have adopted a purposive interpretation, recognizing that residuary power encompasses not only subjects that were unknown or unforeseen at the time of the Constitution's enactment but also matters that, by their nature, transcend State boundaries or require uniform national policy.  
• Furthermore, the judiciary has emphasized that the determination of whether a particular subject falls within the residuary domain requires careful examination of the entries in all three Lists, and only when a matter cannot be reasonably brought within any enumerated entry does the residuary power become operative. 

Relationship with Distribution of Legislative Powers 

• The residuary power under Article 248 operates in conjunction with the tripartite distribution of legislative competence established by Article 246. While Article 246 delineates the exclusive powers of Parliament (Union List), the concurrent powers of Parliament and State legislatures (Concurrent List), and the exclusive powers of State legislatures (State List), Article 248 addresses legislative authority over matters falling outside this enumeration.  
• This complementary relationship ensures that the federal structure accommodates both specified and unspecified subjects without creating jurisdictional lacunae.  
• The supremacy of Parliamentary legislation in the residuary field reflects the Constitution's inclination towards a strong Centre in matters of national importance and emerging challenges. However, this residuary power is not absolute and remains subject to other constitutional provisions, including fundamental rights and constitutional limitations.  
• The interplay between Articles 246, 246A, and 248 demonstrates the Constitution's sophisticated approach to balancing federal autonomy with national unity, ensuring that legislative competence over all conceivable matters is definitively allocated between the Union and the States. 

Importance of Residuary Powers under Article 248 

• The residuary powers under Article 248 have become increasingly important in today's governance, especially for dealing with new technologies, internet regulation, and modern social and economic issues.  
• Topics like information technology, space programs, and online businesses have been regulated by Parliament using its residuary authority, since these subjects were not listed in the Seventh Schedule when the Constitution was created in 1950. This flexibility has allowed the Union government to respond effectively to the changing needs of our country without having to frequently amend the Constitution to add new subjects to the lists.  
• The residuary power acts as a safety mechanism, ensuring that Parliament can make laws on new matters that arise while maintaining the balance between the Centre and States.  
• Additionally, the power to impose new types of taxes not mentioned in the Lists has enabled Parliament to create modern tax systems and adapt to changing economic conditions, thereby strengthening the Union's ability to raise funds for national development and welfare programs.