Explain the Residuary powers of legislation.

 Article 248 of the Indian Constitution deals with the Residuary powers of legislation. The Residuary powers legislation is given to Center, and Parliament of India alone can make legislation on the subjects not included in any of the above three lists. This residuary power consists of the power to levy any residuary taxes also.

Article 248 vests the residuary powers in the parliament. It says that parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List. Entry 97 in the Union List also lay down that Parliament has exclusive power to make laws with respect to any matter not mentioned in the State List or the Concurrent List including any tax not mentioned in either of these Lists. Thus the Indian Constitution makes a departure 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 towards a strong Centre.

According to article 248 of the Indian constitution:

248. Residuary powers of legislation:

(1) 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

Article 248 (2) of the Constitution of India states that:

Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III &Such power shall include the power of making any law imposing a tax not mentioned in either of those lists.

The entry 97 of Union List also lays down that parliament has exclusive power to make laws with respect to any matter not enumerated in list II or III. Thus, Article 248 and Entry 97 of the Union List of Constitution of India assign the residuary powers of legislation exclusively to the union If no entry in any of the three lists covers a piece of legislation, it must be regarded as a matter not enumerated in any of the three lists, and belonging exclusively to parliament under entry 97, list I by virtue of Art. 248. In other words, the scope and extent of Article 248 is identified with that of entry 97, list I.

But the scope of the residuary powers is restricted. This is because the three lists viz Union, State and Concurrent cover all possible subjects. Then, the court can also decide whether a subject matter falls under the residuary power or not. The rationale behind the residual power is to enable the parliament to legislate on any subject, which has escaped the scrutiny of the house, and the subject which is not recognizable at present.

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