Residuary Powers of Parliament of India

The Constitution of India has divided the legislative powers between the Union and the State governments. However, there may be situations where a particular matter is not explicitly mentioned in any of the lists. In such cases, the power to make laws on the matter lies with the Parliament of India. This power is known as residuary power.

Use of Residuary Powers

The Parliament of India can make use of the residuary powers at all times. This means that the Parliament can make laws on any matter that is not covered by the Union List, State List, or Concurrent List. The Parliament has the power to enact laws on these matters even when there is no emergency in the country.

National Emergency and Residuary Powers

During a national emergency, the President of India has the power to make laws on any matter, including those that are outside the scope of the Union List, State List, or Concurrent List. However, the President's power to make laws during a national emergency does not affect the Parliament's residuary power. The Parliament can still make laws on any matter that is not covered by the other lists.

Constitutional Emergency and Residuary Powers

The Constitution of India provides for three types of emergencies - national emergency, state emergency, and financial emergency. During a state emergency, the President can take over the entire or part of the State's legislative power. In such a situation, the Parliament's residuary power remains intact, and it can still make laws on any matter that is not covered by the other lists.

Conclusion

In conclusion, the Parliament of India has the power to make laws on any matter that is not covered by the Union List, State List, or Concurrent List. This power is known as residuary power, and the Parliament can make use of it at all times. The residuary power of the Parliament is not affected by national emergencies or constitutional emergencies.

It's not use in emergency so parliament use anytime when this required