Model Answer
0 min readIntroduction
The Indian Constitution, a beacon of federalism, meticulously delineates legislative powers between the Union and the States. While certain subjects are explicitly assigned to either the Union or the States Lists in the Seventh Schedule, the Constitution addresses the remaining, undefined legislative competence through the concept of "residuary powers." These powers, vested in the Union Parliament, represent the legislative authority over subjects not specifically listed in the State Lists. The Forty-second Amendment Act, 1976, significantly altered this landscape, although subsequent judicial pronouncements have moderated its impact. Understanding the nuances of residuary powers is crucial for appreciating the balance of power within the Indian federal structure.
What are Residuary Powers?
Residuary powers, as defined in Article 75 of the Constitution of India, refer to the legislative powers that are not specifically assigned to either the Union or the State legislatures. Essentially, if a subject matter isn't explicitly listed in either List I (Union List) or List II (State List) of the Seventh Schedule, the Union Parliament has the power to legislate on it. This principle reflects the inherent power of the Union government in a federal structure.
Constitutional Basis: Article 75
Article 75 of the Constitution states: "Subject to the provisions of this Constitution, Parliament has power to make laws with respect to any matter not coming within the competence of the States." This seemingly simple provision has been the subject of considerable debate and judicial interpretation.
Pre-1976 Scenario: Parliamentary Supremacy
Prior to the Forty-second Amendment Act, 1976, the judiciary generally interpreted Article 75 in favor of the Union, allowing Parliament to legislate on matters not explicitly assigned to the States. This reflected a principle of parliamentary supremacy, where the Union Parliament's power was broad and encompassing.
The Forty-second Amendment Act, 1976 & Article 75(2)
The Forty-second Amendment introduced Article 75(2), which stated that Parliament's power to legislate on residuary matters included the power to exclude the States from legislating on those matters. This significantly curtailed the States’ legislative autonomy and solidified the Union’s dominance. This amendment was enacted during the Emergency period (1975-1977) and was part of a broader effort to strengthen the central government.
Judicial Interpretation Post-1976: The Minerva Mills Case
The Minerva Mills case (1980) marked a crucial turning point. The Supreme Court struck down Article 75(2) as unconstitutional, holding that it violated the basic structure doctrine of the Constitution. The Court emphasized that the distribution of legislative powers between the Union and the States is an essential feature of the Constitution and cannot be altered by a simple amendment. The Court reaffirmed the original intent of Article 75, which implied a sharing of power, not an absolute dominance by the Union.
Current Status: A Balanced Approach
Following the Minerva Mills judgment, the residuary power remains with the Union Parliament. However, the Union's power is now constrained by the principle of federalism and the basic structure doctrine. The judiciary continues to play a vital role in interpreting the scope of residuary powers and ensuring that the balance between the Union and the States is maintained.
Examples of Legislation under Residuary Powers
- Cyber Crimes: Legislation relating to cybercrimes falls under residuary powers as it wasn't specifically listed in the State Lists prior to the Information Technology Act, 2000.
- Environmental Protection: The Union government has enacted laws concerning environmental protection, which are considered to fall under residuary powers.
- National Highways: Construction and maintenance of National Highways are also a subject covered by residuary powers.
Comparison with Other Federal Systems
| Country | Residuary Powers | Key Feature |
|---|---|---|
| United States | States | The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. |
| Canada | Federal Government | Section 91 of the Constitution Act, 1867 grants residual powers to the federal government. |
| Australia | Federal Government | Section 51 of the Constitution grants residual powers to the Commonwealth. |
Challenges and Debates
The concept of residuary powers continues to be a source of debate. Some argue that an excessive reliance on residuary powers can undermine the autonomy of the States and lead to centralization of power. Others contend that it is necessary for national unity and effective governance.
The 73rd and 74th Constitutional Amendment Acts
While not directly related to residuary powers, the 73rd (1992) and 74th (1992) Constitutional Amendment Acts, which deal with Panchayats and Municipalities respectively, indirectly impact the distribution of legislative powers. They mandate the devolution of powers and functions to local self-governments, which further refines the understanding of legislative competence.
Conclusion
The concept of residuary powers is a cornerstone of India’s federal structure, reflecting the balance of legislative authority between the Union and the States. While initially interpreted to favor the Union, judicial scrutiny, particularly the Minerva Mills case, has ensured that the principle of federalism prevails. Moving forward, a nuanced understanding and judicious exercise of residuary powers are crucial for maintaining a harmonious and effective federal system, ensuring that the spirit of cooperative federalism thrives.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.