Dr.

Ram Manohar Lohiya National Law University Lucknow

2018- 2019

Final Draft On

RESIDUARY POWERS OF LEGISLATION

&

THE INDIAN CONSTITUTION

Submitted to: Submitted by:

Dr. C.M Jariwala Margaret Rose

Assistant Professor (Law) Section- A

RMLNLU Enrollment

number- 150101078

Semester – VIIIth

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 Introduction
Complex modern governmental administration in a federal setup like that of India provides for
distribution of legislative legislation which may not squarely fall in any specific entry in the
three Lists. Something unforeseen may happen and some new matter may arise calling for
governmental action and a question may bound to be answered as to which government, Central
or State, is entitled to legislate with respect to that matter .

Though the three lists under the Art. 246 of the Indian Constitution have been drawn very
elaborative and presumably all subject-matters identifiable at the time when constitution was at
its framing stage, and regarding which a government could conceivably be called upon to make
laws in modern times, have been assigned to one of the three lists. But it is humanly not possible
to foresee every possible activity and assign it to one List or the other. In such a situation to meet
such difficulty, the Indian Constitution has made such provisions by the virtue of Art. 248 that
the Parliament (Centre) would have power to legislate on the subject in the exercise of residuary
powers. This power of Parliament cannot be denied or curtailed on the ground that the subject
matter of legislation was known to the constitution-makers, so long as that subject is not
mentioned in any of the entries in the three Lists in the Seventh Schedule to the Constitution.1

Aim and Objective of study

 The aim is to understand the conceptual framework of residuary powers.

 The historical background of residuary powers of the legislation
 The nature of residuary power of the legislation in the constitution
 The scope of the residuary power of the legislation in the Indian constitution

Research Methodology
The quality and value of research depends upon the proper and particular methodology adopted
for the completion of research work. Looking at the vastness of the research topic - historical,
doctrinal legal research methodology has been adopted. To make an authenticated study of the
research topic “Residuary power of the legislation and the Indian Constitution” enormous
amount of study material is required. The relevant information and data necessary for its
completion has been gathered from both primary as well as secondary sources available in the

1 Sat Pal & Co. v. Lt. Governor of Delhi, (1979) 4 SCC 232: AIR 1979 SC 1550.

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books, journals, periodicals, newspapers, research articles and proceedings of the seminars,
conferences, conventions and annual reports on environment, websites.

Tentative Chapterisation
1. Introduction-the conceptual understanding
2. Historical background
3. Nature of The Residuary Power of Legislation In The Indian Constitution
4. Scope of The Residuary Power of Legislation In The Indian Constitution
4.1 Validation of Invalid State Laws
4.2 Power of Regulating and Control of Taxation
5. Conclusion
6. Bibliography

References

Books

 Basu, D.D. Introduction to the Constitution of India, 21st edition. LexisNexis

Butterworth.

 Jain, M.P. Indian Constitutional Law. 7th ed. 2014.

 Rao, B. Shiva. The Framing of India’s Constitution, Vol. II.

 Shukla, V.N. Constitution of India. Revised by Mahendra P. Singh; 10th Edition, Eastern
Book Company.

Websites
 www.legalservicesindia.com

 www.indiankanoon.com

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