Residuary Power Art.248

9736 Words Apr 2nd, 2013 39 Pages
TITLE

“A shift from traditional parliamentary legislation to judicial legislation with reference to Residuary Power”

INTRODUCTION
The topic for research is,
“A shift from traditional parliamentary legislation to judicial legislation with reference to Residuary Power”
To which the statement of object and reasons are as follows:
U.S.A is regarded as the example of true federation, whereas India has followed the Canadian model of federation and is regarded as the example of loose federation. In the words of D.D.Basu, the Constitution of India is neither purely federal nor unitary, but is a combination of both. It is a union or a composite of a novel type. It is often defined to be quasi-federal in nature. Under Indian Constitution seventh
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Indian Constitution only lay down the provision as to residuary power of the parliament and not of the judiciary. But through various landmark judgments it can be analyzed that judiciary also has important role in law making process in residuary matters through giving guidelines in various judgment.

RESEARCHABLE QUESTION * Whether vesting of residuary power with parliament is justifies the federal character of Indian Constitution? * How the concept of residuary power differs in countries like India, U.S.A, Australia and Canada? * Whether there has been shift from parliamentary legislation to judicial legislation with respect to residuary power?

SCOPE
Distribution of power is one of the important features of Federalism. Under Indian Constitution powers are distributed amongst the union and the state as per the seventh schedule as in: * Union List * State List * Concurrent List
The three different lists in seventh schedule are exhaustive in nature. Entry 97 of list I along with Article 248 deals with the concept of residuary power. According to which power to makes laws on the subjects not enumerated in any of the three lists mentioned in seventh schedule vest with the parliament. The scope of residuary power is very wide and