“A shift from traditional parliamentary legislation to judicial legislation with reference to Residuary Power”
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.
Article 248 deals with the concept of residuary power. According to which, Parliament can legislate laws as to residue, which indicates the strong centre with federal feature. The concept of residuary power differs from country to country, it means differently in India and U.S.A respectively. The residuary power as laid down under Article.248 of Indian Constitution has been widely interpreted by the Indian judiciary. In order to bring “complete justice” honorable Supreme Court, through various judgments laid down the laws on subject being the residue. 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. This indicates that there has been judicial legislation as residuary matters. Therefore, researcher herein is keen to research on residuary power by comparing it with India & U.S.A, further analyzing the concept of residuary power through judicial interpretation and justifying the shift from parliamentary legislation to judicial legislation in respect with residuary power.
IMPORTANCE AND SIGNIFICANCE
Distribution of power is one of the main features of federal Constitution. Under Indian Constitution there has been distribution of power as: * Union List
* State List
* Concurrent List
The above three lists are exhaustive, as it covers all possible items. Union List consists of 97 items, State List consists of 66 items and Concurrent List consists of 47 items. Item 97 of Union List deals with residuary power. Article.248 along with item 97 vests the exclusive power to make laws on residuary matter with Parliament. As law has to adapt according to changing nature of society therefore Indian Constitution has vested the power to the same with parliament. 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...
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