Question

Consider the following statements regarding legislation for international agreements and residuary powers.

(i) Under Article 253, the Parliament can legislate on State List matters to implement international treaties or agreements.
(ii) The residuary powers of legislation, including residuary taxes, are vested exclusively in the Parliament.
(iii) The state legislatures can legislate on residuary matters for Union Territories.

• A. (i) and (ii) only
• B. (ii) and (iii) only
• C. (i) and (iii) only
• D. All of the above

Answer 1

Answer:

A. (i) and (ii) only

Legislative Powers in India: International Agreements and Residuary Matters

• Article 253 of the Indian Constitution empowers the Parliament to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or any decision made at an international conference, association, or other body.
• This special provision enables Parliament to legislate on matters even falling in the State List if it is necessary to give effect to international obligations. This ensures India's compliance with international commitments.
• Examples include the enactment of the Geneva Conventions Act, the Anti-Hijacking Act, etc., which might touch upon subjects otherwise under state jurisdiction.
• Regarding Residuary Powers, Article 248 of the Constitution states that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
• This means that subjects that are not explicitly mentioned in any of the three lists (Union List, State List, Concurrent List) fall under the exclusive legislative domain of the Parliament.
• This also extends to residuary taxes. Entry 97 of the Union List (List I) specifically includes "Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists." This explicitly grants Parliament the power to levy taxes on subjects not mentioned in the State or Concurrent Lists.
• The concept of vesting residuary powers exclusively in the Union (Parliament) is a feature borrowed from the Canadian Constitution, highlighting a strong central bias in the Indian federal system. In contrast, in the USA, residuary powers lie with the states.
• State legislatures are constitutionally empowered to make laws for their respective states on subjects enumerated in the State List and Concurrent List. They do not have legislative authority over Union Territories.
• For Union Territories, Parliament has the exclusive power to make laws on any subject, including those in the State List, as Union Territories are directly administered by the President through an Administrator or Lieutenant Governor. Therefore, state legislatures cannot legislate on residuary matters, or indeed any matter, for Union Territories.