Question

Who has residuary powers in India?

• A. State
• B. Union
• C. Both (A) and (B)
• D. None of these

Hint:

Residuary powers help the Union Government legislate on matters that were not foreseen by the framers of the Constitution, ensuring that governance can adapt to changing circumstances. This makes the Union Government more flexible and capable of handling unforeseen matters.

Answer 1

The Correct Option is B

In the Indian Constitution, residuary powers refer to the powers to make laws on subjects that are not mentioned in any of the three lists (Union List, State List, or Concurrent List) of the Seventh Schedule. These powers are given to the government that can legislate on any matter that falls outside the scope of the Union and State lists. According to Article 248 of the Indian Constitution, the Union Government has the residuary powers. It means that if a subject does not explicitly fall under the jurisdiction of the Union or State Lists, it is the Union Government (Central Government) that has the authority to make laws regarding that subject. The framers of the Constitution gave the Union Government these powers in order to ensure that any new subjects arising with the progress of time could be dealt with efficiently at the central level. This provision is important for addressing emerging issues that may not have been anticipated during the drafting of the Constitution. Therefore, the correct answer is Union (B).