What is Article 248 of Indian Constitution – Defination & Meaning

Article 248: Residuary powers of legislation (1) Subject to article 246A, Parliament] has exclusive power to make any law with respect to any matter not
📅 Part XI – Relations Between the Union and the States
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Article Number

248

part

Part XI – Relations Between the Union and the States

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Active

Bare Acts Text

Article 248: Residuary powers of legislation

  • (1) Subject to article 246A, Parliament] has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
  • (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.
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Full Definition & Explanation

Article 248 of the Indian Constitution provides Parliament with the exclusive power to legislate on matters not listed in the State List or the Concurrent List. This means that if a subject is absent from these lists, Parliament can create laws regarding that subject. This provision is particularly major because it allows the central government to address issues that are not specifically assigned to the states, ensuring uniformity and coherence in laws across the country. For instance, if a new technology emerges that is not mentioned in the existing lists, Parliament can make laws to regulate it, thus keeping pace with changing times. This Article also includes the power to impose taxes on matters not mentioned in either of the lists. This flexibility helps the central government to generate revenue from new sources that may arise, which is key for economic development. For example, if a new form of digital currency appears, Parliament can legislate on how it should be taxed to ensure that the financial system remains robust and fair. The ability to create laws regarding residuary powers ensures that the government can effectively manage unforeseen scenarios. However, Parliament’s power is not absolute. Article 246A, which deals with the Goods and Services Tax (GST), imposes certain limitations on this power. Additionally, any law made under Article 248 can be challenged in courts if it violates an existing law or constitutional provision. Thus, while Article 248 provides major legislative power, it operates within a framework that ensures checks and balances, protecting the rights of states and citizens alike.

Historical Context

Article 248 was included in the original Constitution adopted in 1950, reflecting the need for a strong central legislative authority. During the Constituent Assembly debates, members highlighted the importance of enabling Parliament to address unforeseen issues not explicitly covered in the lists. They were concerned about the potential gaps in legislation that could arise with changing circumstances. The 101st Amendment in 2016 refined how residuary powers are exercised, especially in the context of taxation under the Goods and Services Tax framework. The Supreme Court case of State of West Bengal vs. Union of India (1964) underscored the practical application of this Article in resolving legislative disputes, affirming the need for a strong legislative framework.

Key Features

– Parliament can legislate on matters not listed in State or Concurrent Lists.
– It allows for the creation of laws to address emerging issues.
– This Article includes the authority to impose new taxes.
– Article 246A places specific limitations on this legislative power.
– Legislative actions under this Article can be judicially reviewed.

Importance & Impact

– Parliament can effectively address new societal and technological challenges as they arise.
– This Article ensures uniform laws applicable across different states in India.
– It allows for the creation of laws that generate new revenue streams.
– Legislative power exercised under this Article is subject to judicial review.
– It helps in efficiently filling gaps in the legislative framework.

Sample UPSC Question

Which of the following statements about Article 248 of the Indian Constitution is correct? A) It empowers states to legislate on residuary matters. B) Parliament can impose taxes on matters not listed in the State List. C) This Article allows for uniform laws only in certain states. D) This Article was amended in the 61st Amendment Act. Discuss the implications of residuary powers, including the challenges and benefits of such legislative authority.

Answer

The correct answer is B. Article 248 grants Parliament the power to legislate on subjects not mentioned in the State or Concurrent Lists, including the imposition of taxes. This ability allows Parliament to respond to new issues effectively. Options A and C are incorrect because they misinterpret the scope of legislative power, while D is wrong as the amendment in question was the 101st Amendment, not the 61st.

Key Takeaways

✓ Parliament can legislate on matters not listed in existing lists.
✓ It can impose new taxes on matters not explicitly covered.
✓ The Article allows quick responses to emerging societal challenges.
✓ Legislation under this Article is subject to judicial review processes.
✓ This Article promotes consistency in laws across all Indian states.

FAQs

Article 248 grants Parliament the authority to create laws on matters that are not listed in the State or Concurrent Lists. This means Parliament can address new and unforeseen issues that affect citizens directly. For example, if a new technology emerges that isn’t covered, Parliament can legislate to regulate it effectively. This ensures that the law remains relevant and adaptive to changing circumstances.

Article 248 allows Parliament to impose taxes on subjects that are not mentioned in either the State or Concurrent Lists. This flexibility is key for adapting to new economic realities and ensuring that revenue generation can keep pace with changes in society. For instance, if new industries arise that aren’t covered, Parliament can create tax laws accordingly, ensuring fair taxation and compliance.

Yes, laws made under Article 248 can indeed be challenged in a court of law. If such laws violate existing statutes or constitutional provisions, they may be declared invalid by the judiciary. This judicial review serves as a check on legislative powers, ensuring accountability and adherence to the Constitution, thereby protecting citizens’ rights.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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