The Indian Constitution is a comprehensive document that lays down the framework for governance in India. It delineates the powers and responsibilities of the different organs of the government and provides for a system of checks and balances. One of the key aspects of the Indian Constitution is the division of legislative powers between the central government and the state governments. While the Constitution enumerates the powers of both levels of government, there are certain areas where neither the central government nor the state governments have exclusive jurisdiction. These areas are referred to as residuary powers of legislation, and they are governed by Article 248 of the Indian Constitution.

Understanding Article 248

Article 248 of the Indian Constitution deals with the residuary powers of legislation. It states that Parliament has the exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or the State List. This means that if a subject matter is not specifically mentioned in the Constitution as falling within the jurisdiction of either the central government or the state governments, then it falls within the residuary powers of legislation and can be legislated upon by the Parliament.

The residuary powers of legislation are an important aspect of federalism in India. They ensure that there is no legislative vacuum and that the central government has the authority to legislate on matters that are not within the purview of the state governments. This helps in maintaining the unity and integrity of the country and allows for effective governance.

Scope of Residuary Powers

The scope of residuary powers is not explicitly defined in the Constitution. However, it has been interpreted by the judiciary over the years. The Supreme Court of India has held that residuary powers include matters that are of national importance and matters that are not specifically mentioned in any of the three lists (Union List, State List, and Concurrent List) of the Seventh Schedule of the Constitution.

Some examples of matters falling within the residuary powers of legislation include issues related to national security, foreign affairs, inter-state commerce, and laws pertaining to the functioning of the central government. These are matters that are of national importance and require a uniform approach across the country.

Relationship with Other Articles

Article 248 is closely related to other articles of the Indian Constitution, particularly Article 246 and the Seventh Schedule. Article 246 provides for the division of legislative powers between the central government and the state governments. It establishes three lists: the Union List, the State List, and the Concurrent List. The Union List contains subjects on which only the central government can legislate, the State List contains subjects on which only the state governments can legislate, and the Concurrent List contains subjects on which both the central and state governments can legislate.

Article 248 comes into play when a subject matter is not mentioned in any of the three lists. In such cases, Parliament has the exclusive power to make laws on that subject matter. This ensures that there are no gaps in legislation and that the central government has the authority to legislate on matters that are not within the jurisdiction of the state governments.

The residuary powers of legislation are also closely related to the doctrine of pith and substance. This doctrine is used to determine the true nature and character of a law when it falls within the jurisdiction of both the central government and the state governments. If a law primarily falls within the jurisdiction of the central government, even if it incidentally affects a matter within the jurisdiction of the state governments, it will be considered valid.

Conclusion

Article 248 of the Indian Constitution is a crucial provision that deals with the residuary powers of legislation. It ensures that there are no legislative vacuums and that the central government has the authority to legislate on matters that are not within the jurisdiction of the state governments. The scope of residuary powers is broad and includes matters of national importance and matters not specifically mentioned in any of the three lists of the Seventh Schedule. This provision plays a vital role in maintaining the unity and integrity of the country and allows for effective governance.