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Who can legislate on the subjects which are not included in any lists of subjects given in the Indian Constitution?
Question

Who can legislate on the subjects which are not included in any lists of subjects given in the Indian Constitution?

A.

Supreme Court

B.

Union Parliament

C.

State Legislature

D.

Regional Councils

Correct option is B

According to the Indian Constitution, the power to legislate is divided between the Union Parliament and State Legislatures through three lists: the Union List, the State List, and the Concurrent List (outlined in the Seventh Schedule).

  • Union List: Subjects exclusively under the jurisdiction of the Parliament (e.g., defense, foreign affairs).
  • State List: Subjects under the jurisdiction of State Legislatures (e.g., police, public health).
  • Concurrent List: Subjects on which both Parliament and State Legislatures can legislate (e.g., education, marriage laws)

Residuary Powers (Article 248): According to Article 248 of the Indian Constitution, the Union Parliament holds the exclusive power to legislate on residuary subjects. This power is derived from the concept of residuary sovereignty, where any unforeseen or newly emerging issues that are not addressed in the existing lists are automatically brought under Parliament’s jurisdiction.

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