Article 248 of Indian Constitution: Residuary powers of legislation
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Part 11 of the Indian Constitution
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Overview |
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Name of the Article |
Article 248 of Indian Constitution- Residuary powers of legislation |
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Part of the Constitutional Article |
Part XI |
Article 248 of Indian Constitution, titled "Residuary powers of legislation," gives the Parliament exclusive authority to legislate on matters not enumerated in the Union List, State List, or Concurrent List. This provision sees that any subject not expressly mentioned in these lists will come under the jurisdiction of the Parliament, thereby maintaining legislative clarity and national uniformity. Explore in-depth analysis of other Constitutional Articles.
Article 248 of Indian Constitution
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.
Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for only reference and no modifications have been made to the original laws and orders"
Simplified Interpretation of Article 248 of Indian Constitution
Under the Indian Constitution, Article 248 gives Parliament the power to make laws on unspecified subjects. This helps address new challenges after the Constitution was created. By keeping control over these matters, the Constitution ensures a unified legal system. Taxation needs central control to maintain economic stability.
Landmark Cases or Judgments of Article 248 of Indian Constitution
Several judicial pronouncements have elucidated the scope and application of Article 248:
- Union of India vs. H.S. Dhillon (1971): The Supreme Court upheld the Parliament's authority 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.
- State of West Bengal vs. Kesoram Industries Ltd. (2004): The Court reaffirmed that the Parliament possesses exclusive power to legislate on residuary subjects, emphasizing that this authority includes imposing taxes not mentioned in any of the three lists.
Significance of Article 248 of Indian Constitution
The essential feature of Article 248 is its ability to enable laws to adapt to changing requirements. Without needing constitutional changes Parliament can quickly pass laws to handle emerging issues. Governance demands this flexibility to manage the dynamic changes taking place in socio-economic conditions. The Constitution maintains national legal coherence by granting the central legislature authority over residuary powers which prevents state-level legal inconsistencies for emerging subjects.
Developments and Amendments of Article 248 of Indian Constitution
The 101st Amendment Act of 2016 added Article 246A, allowing both Parliament and State Legislatures to make GST laws. This created an exception to Article 248 which had given Parliament exclusive power over unlisted subjects. Now, Article 248 does not apply to GST by limiting residuary powers of the Parliament.
Conclusion
Article 248 of Indian Constitution serves as a crucial element of legislative power by enabling Parliament to legislate on matters excluded from existing legislative lists. The provision guarantees that legal structures maintain their ability to adapt and respond to new developments. Article 246A established particular exceptions yet Parliament's fundamental power through Article 248 remains essential for India's legislative system while safeguarding the equilibrium between adaptability and federal governance.
FAQs about Article 248 of Indian Constitution
What does Article 248 of the Indian Constitution entail?
Article 248 grants Parliament exclusive authority to legislate on matters not enumerated in the Union, State, or Concurrent Lists, including the power to impose taxes not specified in these lists.
How does Article 248 of the Indian Constitution differ from Article 246?
While Article 246 delineates the distribution of legislative powers between Parliament and State Legislatures across three lists (Union, State, and Concurrent), Article 248 specifically assigns Parliament exclusive power over residuary subjects not mentioned in these lists.
Can states legislate on matters covered under Article 248 of the Indian Constitution?
No, matters under Article 248 of the Indian Constitution fall exclusively within the jurisdiction of Parliament so state legislatures cannot legislate on these residuary subjects.
How has the judiciary interpreted Article 248 of the Indian Constitution?
In cases like Union of India vs. H.S. Dhillon (1971), the Supreme Court upheld Parliament's authority to legislate on residuary matters, including taxation, even if they overlap with subjects in the State List, provided they aren't explicitly covered in the lists.
Are there any exceptions to Parliament's exclusive power under Article 248 of the Indian Constitution?
Yes, the 101st Constitutional Amendment Act of 2016 introduced Article 246A by giving both Parliament and State Legislatures concurrent powers to legislate on goods and services tax (GST), thereby creating an exception to the exclusivity of Article 248.