CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India
A subject is not mentioned in any of the three Lists of the Seventh Schedule. Who has the power to make a law on it?
Parliament has the power to legislate on a subject not found in any List. Article 248 gives residuary legislative power, including residuary taxation, to the Union Parliament, unlike federations where residuary power rests with the states.
- AThe State Legislature, because it is not in the Union List
- BParliament, under its residuary legislative powerCorrect
- CThe President, by ordinance only
- DThe Supreme Court, through a directive
Explanation
Article 248 vests residuary power of legislation, including taxes not mentioned in the Lists, in Parliament. This differs from the USA and Australia, where residuary power lies with the states. The State Legislature option reverses the Indian rule.
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