The powers to legislate with respect to any matter not enumerated in a...
Judiciary consists of officers who have a power to serve in any side of India named as IAS, IPS, AIR, IRS officers etc. ,
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The powers to legislate with respect to any matter not enumerated in a...
Residuary Powers and the Judiciary
Residuary powers refer to the legislative authority to make laws on matters that are not specifically mentioned in any of the three lists in the Indian Constitution (Union List, State List, and Concurrent List). These powers are given to the Parliament under Article 248 of the Constitution.
Role of the Judiciary in determining Residuary Powers
The question asks who has the final authority to determine whether or not a particular matter falls under the category of residuary powers. The correct answer is the Judiciary (option B). Here's why:
1. Constitutional Interpretation: The Judiciary is entrusted with the task of interpreting the Constitution and determining the scope and extent of the powers of various organs of the government. This includes the power to determine the boundaries of residuary powers.
2. Judicial Review: Judicial review is a process by which the Judiciary reviews the constitutionality of legislative and executive actions. If a question arises regarding the exercise of residuary powers by the Parliament, it can be challenged in the courts. The Judiciary has the power to examine the validity of laws made by the Parliament, including those related to residuary powers.
3. Supreme Court's Jurisdiction: The Supreme Court of India is the highest court in the country and has the authority to settle disputes and questions of law. It has original jurisdiction in matters where the interpretation of the Constitution is involved. Therefore, if a dispute arises regarding the extent of residuary powers, it can be brought before the Supreme Court for final resolution.
4. Judicial Precedents: Over the years, the Judiciary has pronounced several judgments on the exercise of residuary powers. These judgments form part of the legal precedent and guide future decisions. The Supreme Court's interpretations and judgments serve as the authoritative source for determining the scope of residuary powers.
In conclusion, while the Parliament has the power to legislate on matters not enumerated in any of the three lists, the final authority to determine whether a particular matter falls under residuary powers lies with the Judiciary. The Judiciary's role in constitutional interpretation, judicial review, and settling disputes makes it the ultimate arbiter in deciding the boundaries of residuary powers.
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