Question

Under the scheme of distribution of legislative powers in the Constitution of India, a subject which is not enumerated in either the State List or the Concurrent List falls within the residuary field of legislation. Such residuary power is vested in:

• A. The President of India
• B. The State Legislatures
• C. The Parliament
• D. The Supreme Court of India

Hint:

Remember: Article 248 = Residuary Powers = Parliament. While the States have exclusive control over the State List, the Parliament has the "final say" on any subject that falls through the cracks of the three lists!

Answer 1

The Correct Option is C

Step 1: Understand the question.
A subject not found in the State List or the Concurrent List is called a residuary subject. We must find who has the power to make laws on it.

Step 2: Recall the three lists.
The Seventh Schedule of the Constitution divides law-making into the Union List, the State List, and the Concurrent List. Anything left out of these is residuary.

Step 3: Find the residuary power.
Article 248 says Parliament alone has the power to make laws on any matter not listed in the State or Concurrent List, including the power to tax such matters.

Step 4: Apply it.
So residuary power rests with Parliament. This makes sure no subject is left without a lawmaker.

Step 5: Reject the wrong options.
The President does not make laws this way. The State Legislatures handle State List matters, not residuary ones. The Supreme Court interprets law but does not hold residuary legislative power.

Step 6: State the answer.
Residuary power is vested in the Parliament.
\[ \boxed{\text{The Parliament}} \]