Doctrine of Residuary Power
Doctrine of Residuary Power – Detailed Explanation
Introduction
The Doctrine of Residuary Power is a principle in constitutional law that deals with matters not specifically mentioned in the Constitution.
It refers to the power to legislate on subjects not enumerated in the Union, State, or Concurrent Lists under the Seventh Schedule of the Indian Constitution.
Essentially, it allows legislative bodies to fill gaps in law-making, ensuring the Constitution remains flexible and comprehensive.
Constitutional Basis
Article 248 of the Constitution of India:
Grants Parliament the exclusive power to make laws on residuary subjects, i.e., subjects not enumerated in any of the three lists (Union, State, or Concurrent).
Explanation:
Residuary powers are exclusive to the Union Government (Parliament), not to the States.
This ensures central authority over emerging and unforeseen subjects like cyber law, atomic energy, space technology.
Illustrative Residuary Subjects:
Cybercrime and cybersecurity
Atomic energy
Space technology
Internet governance
E-commerce regulation
Key Features of Doctrine of Residuary Power
Centralized Power:
Only Parliament can legislate on residuary subjects.
States cannot enact laws on these subjects.
Unenumerated Subjects:
Covers matters not mentioned in Union, State, or Concurrent Lists.
Dynamic and Flexible:
Allows the Constitution to adapt to new, unforeseen issues over time.
Complementary to Union List:
Expands Union legislative powers beyond the specified list.
Judicial Interpretation
State of Bombay v. R. M. D. Chamarbaugwala (1957):
Court held that Parliament has exclusive power over residuary subjects, reinforcing the supremacy of Article 248.
Kameshwar Prasad v. State of Bihar (1962):
The Supreme Court emphasized that residuary powers cannot be exercised by State Legislatures, even if the subject seems local.
Union of India v. Kerala (1960s):
Validated Parliamentary legislation on atomic energy, an unenumerated subject, under residuary powers.
Significance of Residuary Power
Adaptability:
Enables Parliament to legislate on emerging technologies and modern issues.
Maintains Constitutional Hierarchy:
Prevents States from encroaching upon matters of national importance.
Ensures Uniformity:
National laws on residuary subjects ensure uniform standards across the country.
Supports National Development:
Allows Parliament to pass laws on science, technology, and innovation, which often transcend State boundaries.
Practical Examples
Cyber Laws:
Internet regulation and cybersecurity laws enacted by Parliament are residuary, as the Constitution does not explicitly mention them.
Space Technology:
Legislation governing satellite launches and space research is under residuary powers.
Atomic Energy Regulation:
Atomic energy is a residuary subject, exclusively legislated by Parliament.
Difference Between Residuary Power and Other Legislative Powers
| Feature | Residuary Power | Union List | State List | Concurrent List |
|---|---|---|---|---|
| Constitutional Source | Article 248 | List I, Seventh Schedule | List II, Seventh Schedule | List III, Seventh Schedule |
| Subjects | Not enumerated in any list | Specified subjects for Union | Specified subjects for State | Specified subjects for both Union & State |
| Authority | Parliament only | Parliament only | State Legislatures | Both Union & State (Union prevails in conflict) |
| Flexibility | Dynamic and adaptable | Fixed | Fixed | Fixed, but concurrent |
Conclusion
The Doctrine of Residuary Power ensures the Parliament can legislate on subjects not enumerated in the Constitution, allowing India’s laws to adapt to modern challenges and technological advances.
It maintains a clear division of power between Union and States, giving the Union exclusive authority over unenumerated matters.
This doctrine strengthens the Constitution’s flexibility and resilience, ensuring it remains relevant as society evolves.
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