What is Article 248 of Indian constitution

www.hinsoli.com July 05, 2025

Article 248 of the Indian Constitution

Title: Residuary powers of legislation

Part XI – Relations Between the Union and the States

Chapter I – Legislative Powers

🔹 Text Summary of Article 248:

Article 248 gives exclusive power to Parliament to make laws on any subject not mentioned in the State List or Concurrent List — known as residuary subjects.

🧠 Clause-by-Clause Breakdown:

🔢 Clause	📘 Provision
(1)	Parliament has exclusive power to make laws on any matter not enumerated in the State List or the Concurrent List.
(2)	Such laws may also include the power to impose taxes on those residuary matters.

📌 Key Concepts:

🧾 Feature	✅ Details
🏛️ Power Holder	Only Parliament, not State Legislatures
📚 Covers Subjects Like

Cyber laws (initially)
Space exploration
Artificial intelligence
Genetic engineering
Digital currency
Internet regulation (initially)

| 💰 Includes Taxation Power? | Yes, Parliament can impose taxes on residuary subjects |

| ⚖️ Why Important? | Allows Parliament to respond to new and emerging fields not foreseen in 1950 |

🔁 Related Articles:

Article	Subject
245	Extent of laws made by Parliament and States
246	Subject-matter of laws (based on 3 Lists)
246A	Special provisions for GST
248	Residuary powers (focus of this chart)
254	Union vs State law conflict resolution

🧠 In Simple Words:

Article 248 acts as a safety net, allowing Parliament to make laws on new or unforeseen subjects that are not listed in any of the three lists. States cannot legislate on these.

🧾 Example Scenarios:

🧪 Subject	✅ Covered under Article 248?
Cryptocurrencies like Bitcoin	Yes
Regulating AI & machine learning	Yes
National space policy	Yes
Genetic data protection laws	Yes
Agriculture	❌ No (State List subject)

Here is a 📊 Comparison Chart of Articles 245, 246, and 248 of the Indian Constitution — these Articles form the foundation of legislative powers in India.

🏛️ Comparison: Article 245 vs Article 246 vs Article 248

🔢 Feature	🟦 Article 245	🟩 Article 246	🟥 Article 248
📘 Title	Extent of laws made by Parliament and States	Subject-matter of laws made by Parliament and States	Residuary powers of legislation
👥 Who can legislate?	Parliament and State Legislatures	Parliament (Union & Concurrent List)
States (State & Concurrent List)	Only Parliament
🌍 Territorial Scope	Parliament: whole/part of India (even outside India)
State: within its territory	Not about territory, but about subject matters	Applies to unlisted/new subjects not in any of the three Lists
📚 What kind of subjects?	Any subject based on legislative competence & territory	Subjects divided among:
– List I (Union)
– List II (State)
– List III (Concurrent)	Residuary subjects (not in any of the Lists)
💰 Taxation Power?	Yes, if subject permits	Yes, according to list entries	Yes, even on residuary subjects
⚖️ Conflict resolution?	Not applicable	Union > State in Concurrent List (Article 254 applies)	Parliament has exclusive control
📌 Purpose	Defines where laws can apply	Defines on what subjects laws can be made	Provides a safety net for emerging/unforeseen topics
🧪 Examples	Parliament: law on NRI voting
State: law on land within state	Defence (Union), Police (State), Marriage (Concurrent)	Artificial Intelligence, Cryptocurrency, Space Law, Data Privacy

🧠 In Simple Words:

📝 Article	💡 Explains
245	Who can make laws & where they apply (territory)
246	What subjects Parliament & States can legislate on
248	What if a subject isn’t listed anywhere? → Parliament decides!