📜 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! |
🔁 Related Articles for Deeper Study:
| Article | Subject |
|---|---|
| 246A | GST-specific legislative powers |
| 254 | Union vs State law conflict (Concurrent List) |
| 123 | President's Ordinance power |
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