UPPSC PCS - 2015

Who can legislate on the subject which are not included in any of the list of subjects given in the constitution?

Year Asked: 2015

A
Supreme Court
B
Parliament
C
State Legislature
D
Regional Councils

Correct Answer

B. Parliament

Detailed Explanation

The answer is B) Parliament. Subjects outside the Union, State and Concurrent Lists are called residuary subjects. Article 248 gives Parliament exclusive power to legislate on them, and Entry 97 of the Union List confirms this by covering any matter not enumerated in List II or List III.

  • Supreme Court: It interprets the law and can frame rules under Article 145, but it does not legislate on subjects.
  • State Legislature: Its powers are confined to the State List and, subject to Parliament, the Concurrent List. Unlike the US, where the Tenth Amendment leaves residuary powers with the states, India places them with the Centre.
  • Regional Councils: Under the Sixth Schedule, autonomous district and regional councils make laws on specified matters such as land, forests and village administration. These are delegated powers within limits, not residuary powers.

Core concept: residuary powers, which reflect the strong Centre in our federal design. Mains angle: the Centre's residuary power features in debates on federalism and the Sarkaria Commission's views on the balance of powers.

Trap: candidates confuse residuary powers with concurrent powers, or import the US position where residuary powers rest with the states. Remember Article 248 and Entry 97 together.

This question appeared in UPPCS 2015 GS Paper 1.

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