Residuary powers of legislation
Quick Summary (TL;DR)
Article 248 (Residuary powers of legislation): Governs federal legislative and administrative division of powers between the Union and States under Part XI.
In Simple Citizen Words
Article 248 ('Residuary powers of legislation') in Part XI (Relations between the Union and the States) structures Indian federalism. It governs territorial and subject-matter jurisdiction under the Union, State, and Concurrent Lists of the Seventh Schedule, GST concurrent powers (Art 246A), residuary powers (Art 248), inconsistency/repugnancy rules (Art 254), inter-state river water disputes (Art 262), or the Inter-State Council (Art 263). Specifically: (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those...
Key Constitutional Provisions
Constitutional Mandate (Art. 248): Directly codifies the legal rule for 'Residuary powers of legislation' under Part XI
Structured across 2 clause(s) with clear procedural conditions
Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action
Exceptions & Reasonable Restrictions
Federalism is part of the Basic Structure of the Constitution (S.R. Bommai v. Union of India, 1994); neither the Union nor the States can usurp the exclusive legislative domain assigned to the other.
Why This Matters in Daily Life
Clarifies which government (Central or State) is responsible and accountable for every law, tax, and public service affecting your life.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: