Article 248 in Constitution of India
248. Residuary powers of legislation
(1) Parliament has exclusive power to make any law with respect to any matter
legislative had chosen
to conceive it, was referrable to residuary power, that the
economists' concept of such an expenditure tax was at best ... which is suigeneris or
non-descript imposed in exercise of the residuary powers so
long as such tax is not specifically enumerated in Lists
India not included in a State. Article 248 gives the residuary powers of legislation to the Union Parliament. It provides
248. (1) Parliament has exclusive ... present controversy is concerned. Under the Govt. of India Act, the residuary powers were not given either to the Central Legislature or to the Provincial
Displaced Persons (Compensation and Rehabilitation) Act, 1954
33. Certain residuary powers of Central Government—The Central Government may at any time call for the record
power to make any law with respect
to any matter not enumerated in List II or List III and that
such power includes the power ... followed.
(b) Article 248 deals with residuary power and that power is
an independent power conferred by the Article and not by
entry 97 because
unabridged or unfettered by the
entries in the State List. Further residuary power of
legislation including the power to levy tax is conferred on
Parliament ... from
combining its powers under one or other Entry with its power
under Entry 97. Parliament can rely on the powers under
specified Entries
reason of Article 248 , Parliament has also been invested with residuary powers and has exclusive power to make any law in respect of any matter ... Learned counsel for the petitioners contended that the residuary power of the Parliament is the last resort and must not be relied upon
2238.10-4.8
by Parliament in pursuance of its residuary powers under Entry 97
of List I read with Article 246. The Supreme Court held ... property. Significantly the Court held that the
residuary power is as much a power as the power conferred under
Article 246 of the Constitution
power to levy is against the scheme of our Constitution, and in particular against the scheme of distribution of legislative powers and taxing power ... really the power to legislate carries with it a power of levying tax and also imposing a fee as incidental to the power of legislation
come to entry 9 1, we have to put, this residuary power. It could have been more easily done by paying more attention to Lists ... considered at an earlier stage we agreed that the residuary power should be with the Centre. This was an innovation, as there was nothing like