What Is Mean By Residuary Powers?

by | Last updated on January 24, 2024

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Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited nor explicitly given by law to any organ of government .

What do you mean by residuary?

Definition of ‘residuary’

1. of, relating to, or constituting a residue ; residual. 2. law. entitled to the residue of an estate after payment of debts and distribution of specific gifts.

What is meant by residuary powers of the Parliament Class 10?

Residuary powers of the Parliament means that the Parliament has the power to make laws on any matters not enumerated in State List or Concurrent List .

What are residuary powers explain briefly Class 9?

Residuary powers are those powers which can be made by the parliament only . It is different from 3 lists, union list, state list, and concurrent list. These powers are neither under the legislative powers of the State nor the Union.

What do you understand by residuary powers 7?

Residuary Powers are special powers entrusted by the Constitution, to the Union Government. ... If a subject comes up that is not included in any of these three lists, the Union Government is entitled to make laws on it . These powers of the Union Government are termed as Residuary Powers.

What are residuary subjects?

Answer: Residuary Subjects are recognised as subjects that are not present in any of the lists stated in the constitution. The government of the Union has the powers to render law on Residuary Subjects. ,These subjects are e-commerce, Computer software and so on .

What are the residuary powers of the central government?

Article 248 Constitution of India: Residuary powers of legislation. (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List . (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

What is residuary list example?

Residuary subjects are those which had not originated during the formation of the Indian Constitution. Example: – Programming, e-commerce, internet, hardware, software , etc. It is the correct option. ... Commerce is an example of the Union list.

What are residuary subjects explain with example?

Note:Other examples of residuary subjects are computer technology, hardware and software, internet regulations etc . the scope of the residuary powers is restricted. The rationale behind the residual power is to enable the parliament to legislate on any subject, which has escaped the scrutiny of the house.

What does the legal term residuary mean?

Residuary means of or relating to or constituting a residue . It is that which is left over after the main portion has been removed. In the context of wills, residuary refers to the portion of an estate which was not disposed of in the will, or for which the directions in the will could not be carried out.

What is the Article 352?

National emergency under Article 352

Originally at the beginning, National emergency could be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352.

Who can administer residuary power?

The District Administration. Hint: The residuary power is generally vested in the hands of the federal legislative body and not the states of India. It means that besides the subjects mentioned in the Union List, the Legislature can formulate laws on any subject not mentioned in any list whatsoever.

Why are residuary powers introduced?

The rationale behind the residual power is to enable the parliament to legislate on any subject , which has escaped the scrutiny of the house, and the subject which is not recognizable at present.

Who is head of a state?

The President is the head of the State in India. The President is called the first citizen of the country. All the laws in the country are made and passed in the name of the President of India. Though the President is called the head of the Indian State but he is the nominal executive authority.

What are ancillary and residuary powers?

The doctrine of ancillary and incidental powers extends the field of the legislative power . It states that the power to legislate contains within it the power to legislate on ancillary or incidental matters. These powers are meant to aid the main object of the concerned enactment.

Who can exercise residuary power in India?

The residuary powers of legislation are vested in Parliament . Article 248(2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in list II and III.

Amira Khan
Author
Amira Khan
Amira Khan is a philosopher and scholar of religion with a Ph.D. in philosophy and theology. Amira's expertise includes the history of philosophy and religion, ethics, and the philosophy of science. She is passionate about helping readers navigate complex philosophical and religious concepts in a clear and accessible way.