Residuary Legislative Powers Vested in Parliament
Official heading: “Residuary powers of legislation”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XI, Article 248, printed page 148
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Vests exclusive residuary legislative power in Parliament over any matter not enumerated in the Concurrent List or State List, including taxation.
2. What It Means in Everyday Language
Article 248 is a defining centralizing feature of the Indian Constitution, vesting all residuary legislative authority exclusively in Parliament.
If a new subject, emerging technology, or unforeseen socio-economic activity is not found in either the State List (List II) or Concurrent List (List III), Parliament alone has the power to make laws regarding it.
Clause (2) specifically affirms that this exclusive residuary power includes the power of imposing any tax not mentioned in either of those lists.
This contrasts with federal systems like the United States and Australia, where residuary powers belong to the constituent States.
3. Practical Illustrative Example
The advent of digital space, cryptocurrencies, or artificial intelligence generates regulatory questions not contemplated in 1950.
4. Important Limits, Qualifications & Exceptions
Article 248 ensures there are no legislative voids in the Indian federal framework.
- Exclusive to Parliament: State Legislatures have no residuary law-making or taxation powers.
- Last resort doctrine: Invoked only when a subject cannot be traced to any entry in Lists II or III.
- Includes taxation: Expressly encompasses the power to levy taxes not mentioned in the State or Concurrent Lists.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XI, Article 248, printed page 148 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.