Correct Option
The correct option is 1 and 3 only.
Explanation
Article 248 of the Indian Constitution and Entry 97 of the Union List deal with Residuary Powers. These powers encompass subjects that are not enumerated in any of the three lists (Union, State, or Concurrent) of the Seventh Schedule.
Statement-wise Analysis
- Statement 1 is Correct: Residuary powers specifically cover matters not mentioned in the Union List, State List, or Concurrent List. Since the Constitution was drafted before the advent of modern information technology, subjects like cyber laws and information technology are not explicitly listed in the Seventh Schedule and thus fall under residuary powers.
- Statement 2 is Incorrect: Article 248 vests the exclusive power to legislate on residuary matters in the Parliament (Union Legislature). State Legislatures do not have the competence to make laws on subjects falling under residuary powers.
- Statement 3 is Correct: In a typical federal system like that of the United States or Australia, residuary powers are usually vested in the States. However, the Indian Constitution follows the Canadian precedent by vesting these powers in the Centre. This provision strengthens the Centre's authority, thereby reflecting a unitary bias within the federal structure.
Key Takeaway
Residuary Powers in India are vested exclusively in the Parliament under Article 248 and Entry 97 of the Union List, serving as a unitary feature that tilts the balance of power in favor of the Centre.