Residuary power art.248

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Residuary power art.248

By | April 2013
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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 schedule has important place in regards with the distribution of power. Distribution of power is one of the important features of Federalism. The legislative power under Indian Constitution has been distributed amongst the union and the states in three different lists. As law has to adapt according to changing nature of society therefore Indian Constitution has envisaged the provision of the residuary power under Art.248. The scope of residuary power is very wide and differs in various federations. Constitution vested the power to legislate on residuary matters with the parliament. Even the judiciary has also played vital role in interpreting the provision of Constitution as to residuary power. Judiciary has given wide meaning to Art.248 in various cases. Judiciary with changing needs of the society has laid down guidelines on subjects not enumerated in any lists of seventh schedule as well as on those subjects where parliament has never touched. Same has been done by judiciary in the light of judicial activism for bringing “complete justice”. This indicates that there has been judicial legislation as residuary matters, which has become one of the challenges with respect to the Constitution.

JUSTIFICATION
Article 248...