Actual Article
Article 248: Residuary powers of legislation
- Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
- Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
UPSC Notes for Article 248
Explanation:
- Residuary Legislative Powers: Article 248 grants Parliament the exclusive authority to legislate on matters not specifically mentioned in the Union List, State List, or Concurrent List. This provision ensures that any unforeseen or new subjects that arise over time fall under the jurisdiction of Parliament.
- Taxation Powers: Parliament also has the exclusive power to impose taxes on subjects not mentioned in the Union List, State List, or Concurrent List. This allows the central government to adapt to new economic and financial circumstances.
Key Points:
- Flexibility and Adaptability: Article 248 provides flexibility and ensures that the Indian legislative framework can adapt to new and emerging issues that were not foreseen when the Constitution was drafted.
- Centralized Authority: By assigning these residuary powers to Parliament, the Constitution centralizes authority for new or unspecified matters, ensuring a unified legislative approach.
Important Cases and Commissions Related to Article 248
Cases:
- Union of India vs. H.S. Dhillon (1971): The Supreme Court upheld the Parliament’s power to legislate on residuary matters, including taxation, even if such matters have a connection with subjects in the State List, provided they are not explicitly covered in the lists.
Commissions:
- Law Commission of India: May have reviewed the scope of residuary powers to ensure they are exercised in a manner consistent with federal principles and to avoid encroachment on state powers.
Important Reports Related to Article 248:
- Sarkaria Commission Report: Examined the balance of power between the Union and the States and discussed the implications of residuary powers in maintaining this balance.
Previous Year Prelims Questions Related to Article 248
- (UPSC Prelims 2016) Who has the exclusive power to legislate on matters not enumerated in the Union List, State List, or Concurrent List?
- A. The President of India
- B. The Chief Justice of India
- C. The Parliament of India
- D. The Prime Minister of India Correct Answer: C. The Parliament of India
- (UPSC Prelims 2018) According to Article 248, what type of laws can Parliament make under its residuary powers?
- A. Laws imposing a tax not mentioned in the Union List, State List, or Concurrent List
- B. Laws related to state subjects
- C. Laws concerning international treaties
- D. Laws for constitutional amendments Correct Answer: A. Laws imposing a tax not mentioned in the Union List, State List, or Concurrent List
Previous Year Mains Questions Related to Article 248
- Mains 2016: “Discuss the significance of Article 248 in the context of legislative powers in India. How does it ensure flexibility in the Indian legislative framework?”
- Mains 2019: “Evaluate the role of residuary powers under Article 248 in maintaining the balance of federalism in India. What are the implications of this provision on the relationship between the Union and the States?”
Additional Insights:
- Emerging Issues: Article 248 is crucial for addressing emerging issues and challenges that may not have been anticipated during the drafting of the Constitution, ensuring that the legislative framework remains relevant and comprehensive.
- Federal Balance: While Article 248 centralizes certain legislative powers, it is essential to ensure that this does not undermine the federal balance by encroaching on state powers. The application of this article must be carefully managed to maintain harmony between the Union and the States.
Understanding Article 248 is crucial for UPSC aspirants as it provides insights into the scope of legislative powers in India, emphasizing the flexibility and adaptability of the legislative framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of how the Indian Constitution ensures a dynamic and responsive legislative process.