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The Parliament of India can make use of the residuary powers:
  • a)
    at all times
  • b)
    only during national emergency
  • c)
    during national emergency as well as constitutional emergency as well in a state
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
The Parliament of India can make use of the residuary powers:a)at all ...
Residuary Powers of the Parliament of India

The residuary powers refer to those powers that are not specifically mentioned in the Constitution of India and are not assigned to any level of government - the Union government or the state governments. These powers are vested with the Parliament of India and can be exercised by it.

Explanation of the Correct Answer: Option A

The correct answer to the question is option 'A', which states that the Parliament of India can make use of the residuary powers at all times. This means that the Parliament can exercise these powers whenever required, irrespective of whether there is a national emergency, constitutional emergency, or any other situation.

Reasoning

The residuary powers have been exclusively assigned to the Parliament of India under Article 248 of the Indian Constitution. According to this article, the Parliament has the power to make laws with respect to any matter not enumerated in the Union List, State List, or Concurrent List. These matters fall under the residuary powers of the Parliament.

Significance of Residuary Powers

The inclusion of residuary powers in the hands of the Parliament ensures that there is no legislative vacuum in the country. It allows the Parliament to legislate on matters that are not covered by the specific lists mentioned in the Constitution. This ensures that there is a central authority responsible for making laws on subjects that are not explicitly assigned to the Union or state governments.

Examples of Residuary Powers

Some examples of matters falling under the residuary powers of the Parliament include:

1. Cybercrime: As technology advances, new forms of crimes emerge. The Parliament can make laws to address cybercrimes that may not be explicitly mentioned in the existing laws.

2. Space Exploration: With the advancements in space technology, the Parliament can make laws regarding space exploration, satellite launches, and related activities.

3. Intellectual Property Rights: The Parliament can legislate on matters related to intellectual property rights, including patents, copyrights, and trademarks, which are not specifically mentioned in the Constitution.

Conclusion

In conclusion, the correct answer to the question is option 'A', which states that the Parliament of India can make use of the residuary powers at all times. These powers allow the Parliament to legislate on matters that are not specifically assigned to any level of government. The inclusion of residuary powers ensures that there is no legislative vacuum and provides a central authority responsible for making laws on subjects not covered by the Union or state lists.
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The Parliament of India can make use of the residuary powers:a)at all times b)only during national emergencyc)during national emergency as well as constitutional emergency as well in a stated)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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