Who holds residuary legislative power in India?

Parliament. Article 248 gives it exclusive power to legislate on any matter not enumerated in the Concurrent List or the State List, including taxation.

Has Article 248 been amended?

Yes. The 101st Amendment of 2016 made the residuary power subject to Article 246A, which concerns goods and services tax.

Residuary Power

noun (countable; constitutional law term)

/rɪˈzɪdjʊəri ˈpaʊə/

The legislative authority over subjects not specifically enumerated in any of the three lists of the Seventh Schedule. Under Article 248 of the Indian Constitution, residuary power is vested exclusively in Parliament, as reflected in Entry 97 of the Union List. This contrasts with the US and Australian models where residuary power rests with the states. The residuary power applies to matters such as cyber-crime, outer space, and digital data governance, which were not anticipated when the Constitution was drafted.

✍️ Usage in a UPSC answer

Parliament's residuary power under Article 248 has been invoked to legislate on cyber-crime, information technology, and outer space activities, subjects unforeseen by the Constitution's framers and therefore absent from all three lists of the Seventh Schedule.

Synonyms

reserve powerleftover powerunenumerated powerparliamentary residue

Antonyms

enumerated powerlisted subjectexpressed jurisdictionassigned power

🌱 Word Family

residue (noun), residual (adjective), reside (verb), residence (noun), residually (adverb)

🔡 Root

Latin residuarius (of what remains) ← residuum (remainder) ← residere (to remain behind) ← re- (back) + sedere (to sit)

📜 Etymology

From Latin residuarius, from residuum (what sits back, what remains), formed from residere (to settle, to remain). Residue entered English in the 15th century from Old French residu; the constitutional usage of residuary to describe leftover legislative powers developed in federal constitutional law from the 18th century.

🧠 Memory Hook

RESIDUARY = RESIDUE: what's LEFT OVER. After the Union List, State List, and Concurrent List are all spoken for, whatever REMAINS (the residue) belongs to Parliament. RESIDUE → RESIDUARY POWER.

🎯 How This Word Works in UPSC Writing

The power to legislate on subjects not listed in any legislative list. Article 248 gives Parliament exclusive power to make law on any matter not enumerated in the Concurrent List or the State List, including the power to impose a tax not mentioned in either. A detail worth carrying: the 101st Amendment (2016) made this residuary power subject to Article 246A, which deals with goods and services tax. The comparative point examiners like is that India vests residuary power in the Union, unlike the United States where it rests with the States.

⚖️ Don’t Confuse It With

Residuary power covers what the lists do not mention. Exclusive power covers subjects expressly allotted to one legislature. Concurrent power covers subjects on which both may legislate. Implied power is inferred as necessary to give effect to an express power, which is a different concept from residuary.

🇮🇳 Hindi Meaning

अवशिष्ट शक्ति (avashisht shakti).

❓ Common Questions

Who holds residuary legislative power in India?: Parliament. Article 248 gives it exclusive power to legislate on any matter not enumerated in the Concurrent List or the State List, including taxation.
Has Article 248 been amended?: Yes. The 101st Amendment of 2016 made the residuary power subject to Article 246A, which concerns goods and services tax.

⚖️ Polity & Constitution 📖 Seen in: Preamble of the Indian Constitution

Relevant across:GS2 · Polity, Governance & IR

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