Residuary power art 248

January 17, Last Updated:

Residuary power art 248

Faced CSE interview thrice A. Contribute Follow me on: It is a provision under Article Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing law with respect to a matter enumerated in the Union List.

Thus, this Article empowers Parliament for establishment of additional courts for better administration of laws Residuary Powers Article Article vests the residuary power in Parliament Residuary powers: It says that parliament has exclusive power to make any law with respect to any matter not enumerated in state and concurrent list.

Article (2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III. Such power shall include the power of making any law imposing a tax not mentioned in either of those lists. Article (2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III. Such power shall include the power of making any law imposing a tax not mentioned in either of those lists. Residuary powers of legislation (1) 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.

This reflects leanings of the constitutional makers for Strong centre Indian constitutions follows the Canadian model. This is a departure from other constitution i. They can' t make laws outside their spheres or allotted subjects Challenges: Even though constitution delineates the division of power explicitly scientific division is not possible.

The issues of overlapping or whether this subject falls in the space of one or the other constantly arises Way forward: In a federation constitution duty is vested with Supreme court of India.

Supreme Court of India has evolved several principles of interpretation to determine the respective power of the Union and the state under the three lists. The principles of interpretations are: Predominance of Union List: If there is any overlapping between the Union and State list it is the Union list which is to prevail over the state list Similarly, If there is any overlapping between the Union and Concurrent list it is the Union list which is to prevail over the concurrent list Continued.

Interpretation of each entry: Supreme should try to reconcile entries to bring harmony between them In case conflict further, overriding power of the Union legislature should be applied Doctrine of Pith and Substance: In their won respective domains Union and state legislatures are made supreme and should ideally not encroach into the sphere reserved to the other.

In case of encroachment Doctrine of Pith and substance is applied to ensure the competence of the legislature concerned. The basic purpose of this doctrine is to determine under which head of power or field i.

Pith means 'true nature' or 'essence of something' and Substance means 'the most important or essential part of something' Doctrine of Pith and Substance says that where the question arises of determining whether a particular law relates to a particular subject mentioned in one List or anotherthe court looks to the substance of the matter.

Thus, if the substance falls within Union List, then the incidental encroachment by the law on the State List does not make it invalid antal encroocdaont by the ler on the State ist Continued. Doctrine of Colorable Legislation: Doctrine of Colorable Legislation is built upon the founding stones of the Doctrine of Separation of Power.

Separation of Power mandates that a balance of power is to be struck between the different components of the State i. The Primary Function of the legislature is to make laws.

Whenever, Legislature tries to shift this balance of power towards itself then the Doctrine of Colorable Legislation is attracted to take care of Legislative Accountability. The literal meaning of Colorable Legislation is that under the 'color' or 'guise' of power conferred for one particular purpose, the legislature cannot seek to achieve some other purpose which it is otherwise not competent to legislate on.

It means "when anything is prohibited directly, it is also prohibited indirectly".

Residuary power art 248

In common parlance, it is meant to be understood as "Whatever legislature can' t do directly, it can't do indirectly".Latest Govt Jobs in Pakistan, Lahore, Karachi, Islamabad. We Provide Valuable Online Information of PPSC SPSC FPSC NTS Educator MCQs General Knowledge Everyday Science English Urdu Math Physics Chemistry Computer Science Economics Pakistan Studies Islamic Studies Past Sample Papers, Jobs Syllabus Content Papers Test Sample Papers, Results, Admissions Open as well as Education .

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Hammurabi, the protecting king am I. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free timberdesignmag.com for one month and pay only if you like it. Article (2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III.

Such power shall include the power of making any law imposing a tax not mentioned in either of those lists. Supreme Court of Virginia Opinions. As of February 8, all opinions are Adobe Acrobat PDF documents. The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents..

Parker v. Carilion Clinic 11/01/ In a suit against a healthcare provider and two employees for allegedly disclosing confidential patient information, a notice of appeal filed within 30 days. Entry 97 of list I along with Article 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.

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