With reference to the "Residuary Powers" in the Indian Constitution, consider the following statements: 1. They include matters not mentioned in any of the three lists, such as cyber laws. 2. Both the Union and State Legislatures have the power to legislate on these matters. 3. The provision of residuary powers reflects the unitary bias of the Constitution. Which of the statements given above is/are correct?

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.

With reference to the "Residuary… - NCERT Class 11 Political Science MCQ

NCERT Class 11 Political Science — Chapter 2: Federalism

mcqmedium

With reference to the "Residuary Powers" in the Indian Constitution, consider the following statements:

They include matters not mentioned in any of the three lists, such as cyber laws.
Both the Union and State Legislatures have the power to legislate on these matters.
The provision of residuary powers reflects the unitary bias of the Constitution.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Indian Constitution at Work · Page 159

Options

A1 and 3 only
B1, 2 and 3
C1 and 2 only
D2 only

Did you get this right?

Solution

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.

Your note

More from Chapter 2: Federalism

Which statement best describes the Indian Constitution's approach to federalism?

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Consider the following statements regarding the evolution of state boundaries in India: 1. At the time of independence, the provinces were organized primarily based on linguistic distinctiveness to ensure cultural homogeneity. 2. The integration of princely states involved their merger into existing provinces or the creation of new administrative units. 3. The renaming of states, such as Mysore to Karnataka, reflects the constitutional flexibility regarding the identity of constituent units. Which of the statements given above is/are correct?

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Which of the following is a subject under the Union List?

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Consider the following statements regarding the All-India Services (AIS): 1. Officers chosen for these services serve only in the administration of the Union government. 2. An IAS officer serving as a District Collector is under the ultimate disciplinary control of the Central government. 3. States can neither take disciplinary action against nor remove these officers from service. Which of the statements given above is/are correct?

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Which of the following is a subject under the Concurrent List?

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