Article 248 of the Indian Constitution: Residuary Powers of Legislation

1. What is Article 248?

Article 248 of the Indian Constitution grants Parliament the exclusive power to make laws on matters that are not enumerated in the Union List, State List, or Concurrent List. These matters are called "residuary subjects."

2. Text of Article 248

🔹 Clause (1):
"Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List."

🔹 Clause (2):
"Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists."

📌 Key Points:
✔ Parliament alone has authority over new and unlisted subjects.
✔ Includes the power to impose new taxes not mentioned in the Lists.

3. Why Was Article 248 Added?

✔ To ensure that new and emerging subjects (such as digital currency, AI, space law) come under Parliament’s control.
✔ Inspired by the Canadian model, where the central government has residuary powers.
✔ Helps prevent conflicts between the Union and States over legislative powers.

4. Relation with the Seventh Schedule

The Seventh Schedule of the Constitution divides subjects into three lists:

List	Who Can Make Laws?	Examples
Union List (List I)	Parliament	Defense, Railways, Foreign Affairs
State List (List II)	State Legislatures	Police, Public Health, Agriculture
Concurrent List (List III)	Both Parliament & States	Education, Marriage, Environment
Residuary Powers (Article 248)	Parliament Only	Cyber Laws, Space Technology, Cryptocurrency

5. Examples of Laws Made Under Article 248

✔ Information Technology Act, 2000 – Covers cybercrime and digital transactions.
✔ Goods and Services Tax (GST), 2017 – Though taxation is in Union & State Lists, GST was introduced as a new tax system.
✔ Regulation of Space Activities Bill, 2017 – For India's space industry regulation.
✔ Cryptocurrency Regulation (Upcoming) – As crypto is not covered in any List, Parliament will legislate under Article 248.

6. Landmark Supreme Court Judgments

(a) In Re Delhi Laws Act Case (1951)

✔ Confirmed that Parliament has exclusive control over residuary subjects.

(b) Union of India v. H.S. Dhillon (1972)

✔ Held that even if a residuary matter overlaps with State List, Parliament can still legislate on it.

(c) State of West Bengal v. Union of India (1963)

✔ Reaffirmed that residuary powers firmly rest with Parliament, not the States.

7. Difference Between Article 248 (Residuary Powers) and Article 246 (Legislative Power)

Feature	Article 248	Article 246
Scope	Only for new/unlisted subjects	Covers subjects in the three Lists
Who has power?	Parliament only	Parliament (Union List), States (State List), Both (Concurrent List)
Example	Cryptocurrency Law	Education Law (Concurrent List)

8. Criticism of Article 248

🔴 Limits State Autonomy – States have no say in residuary matters.
🔴 Vague Definition of "Residuary Subjects" – Can lead to disputes between Union and States.
🔴 Excessive Centralization – Parliament’s control may override State interests.

9. Conclusion

✔ Article 248 ensures flexibility in legislation by allowing Parliament to deal with new and emerging subjects.
✔ It strengthens India’s federal structure while giving the Union Government control over unlisted matters.
✔ Courts have upheld its validity, making Parliament the ultimate authority over residuary subjects.