Previous Year Question
Who can legislate on the subjects which are not included in any of the lists of subjects given in the Constitution?
Supreme Court
Parliament
State Legislature
Regional Councils
Correct Answer: B
Detailed Solution
The correct answer is Parliament. Parliament has the exclusive legislative power over residuary subjects, i.e. matters not enumerated in the State List or Concurrent List. This power is provided under Article 248 of the Constitution.
Article 248 further provides that this residuary power includes the power to impose a tax not mentioned in those Lists.
This constitutional arrangement is complemented by Entry 97 of the Union List in the Seventh Schedule. Its purpose is to ensure that newly emerging subjects not specifically enumerated when the constitutional lists were framed do not remain outside legislative competence.
The Supreme Court is not a legislature, State Legislatures do not possess the residuary legislative power, and Regional Councils are also not the legislative authority for such subjects.
The targeted fact is—
Residuary Legislative Power → Parliament → Article 248 + Union List Entry 97