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Question

Who enjoys the residuary powers under the Indian constitution.


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Solution

  • The constitution also vests the residuary powers (the enumerated in any of the three Lists) with the Central Government.
  • It must be noted that in this distribution of powers the Union Government has certainly been given a favoured treatment.
  • It has not only been granted more extensive powers than the States, even the residuary powers have been granted to it contrary to the convention in other federations of the world, where the residuary powers are given to the States.
  • The residuary powers of legislation in regard to taxation matters should remain exclusively in the competence of Parliament while the residuary field other than that of taxation should be placed on the concurrent list.

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