Question

Under the scheme of distribution of legislative powers in the Constitution of India, a subject which is not enumerated in either the State List or the Concurrent List falls within the residuary field of legislation. Such residuary power is vested in:

• A. The President of India
• B. The State Legislatures
• C. The Parliament
• D. The Supreme Court of India

Hint:

Remember: Article 248 = Residuary Powers = Parliament. While the States have exclusive control over the State List, the Parliament has the "final say" on any subject that falls through the cracks of the three lists!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Indian Constitution follows the Seventh Schedule, which divides legislative powers into Union, State, and Concurrent Lists. Any subject not explicitly covered by these lists is categorized under "residuary powers."

Step 2: Key Formula or Approach:
Refer to Article 248 of the Constitution of India, which specifically defines the legislative power regarding residuary subjects.

Step 3: Detailed Explanation:
Article 248(1) states that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
This provision also includes the power to make any law imposing a tax not mentioned in either of those lists.
This ensures that the legislative framework is exhaustive, leaving no potential legal area ungoverned.

Step 4: Final Answer:
The residuary legislative power is vested in the Parliament. The correct option is (C).

Answer 2

The Seventh Schedule to the Constitution of India divides legislative subjects into the Union List, the State List, and the Concurrent List. Any subject that does not fit into the State List or the Concurrent List is a residuary subject, and Article 248 specifically tells us who may legislate on it.

1. The President of India: The President is the constitutional head of the Union executive and performs functions such as giving assent to bills and issuing ordinances under Article 123, but the President does not possess an independent legislative power over undefined subjects. Residuary law-making is not among the President's functions.
2. The State Legislatures: State Legislatures can only make laws on subjects assigned to them in the State List, and concurrently in the Concurrent List along with Parliament. Since a residuary subject is, by definition, absent from both these lists, State Legislatures have no competence over it.
3. The Parliament: Article 248(1) expressly vests Parliament with exclusive power to make laws on any matter not enumerated in the State List or the Concurrent List, and Article 248(2) extends this to include the power to impose a tax not mentioned in either list. This closes any gap in the legislative scheme, ensuring every possible subject has a competent law-making authority, and that authority is Parliament.
4. The Supreme Court of India: The Supreme Court is the highest constitutional court, tasked with interpreting laws and adjudicating disputes, including determining whether a law falls within the residuary field. It does not itself possess the power to legislate on residuary subjects, that power belongs to Parliament, with the Court merely reviewing how it is exercised.

Since Article 248 explicitly assigns the residuary legislative field to Parliament, and no other authority listed has this power, Parliament is the correct answer.

Hence, the correct answer is The Parliament.