|Residuary Powers | Article 248 of Indian Constitution
Residuary Powers Meaning
Residuary powers meaning has been enumerated under article 248 of Indian Constitution. Simply, the residuary power meaning is nothing but the powers vested to the Parliament of India by article 248 of the Indian Constitution.
What do you mean by residuary power? or What is residuary power? the residuary powers of Legislation i.e. Parliament is a power of Government retained by the Governmental Authorities after certain powers have been delegated to other authorities.
Residuary power in India is the special powers of Parliament entrusted by article 248 of the Constitution of India to the Central Government.
Article 248 of Indian Constitution
Article 248 of the Indian Constitution deals with the residuary powers of the parliament. Article 248 states;
- Parliament has the exclusive right to make any law concerning any matter not enumerated in the Concurrent List or State List.
- Such exclusive power shall include the power of making any law imposing a tax not mentioned in the Concurrent List or State List.
As per article 248 of the Indian Constitution, the Parliament has certain delegated powers by the Union Government and this power is distributed in Union List, Concurrent List and State List. Now, you may ask the residual power in the Indian Constitution taken from which country? so, this power is taken from the United Kingdom.
Types of Residual Powers of Legislation
Types of residual powers of legislation are divided into four authorities. And, these are;
- The Parliament
- State Assembly
- Local Government
- District Administration
The Parliament of India is the supreme law-making body of India. The Parliament of India is headed by the President of India and holds the residuary powers. So, the residuary powers mean powers held by the President of India. It means that the Parliament is powered to legislate on the matters that are excluded in the list of State and Union and also the Concurrent ones.
The State Assembly
The State assemblies can legislate on many subjects, all of which are found in the state list and the concurrent list. However, they do not have any residuary powers whatsoever.
The Local Government
The local governments are not empowered to legislate on any matter. They are vested with limited powers.
The District Administration
the District Administration is an executive body and not a legislative one, so it cannot have residuary powers at all.
Residuary Powers in Different Countries
The residuary powers of legislation have been enumerated under Article 248 of Indian Constitution. Thus the Indian Constitution makes a divergence from the practice prevalent in U.S.A., Switzerland and Australia where residuary powers are vested in the States. This reflects the leanings of the Constitution-makes toward a strong Centre.
Residuary powers meaning has been enumerated under article 248 of Indian Constitution. Simply, the residuary powers are the powers vested to the Parliament of India by article 248 of Indian Constitution. These are the residuary powers in India.