Home The Constitution Part XI Article 248

Art. 248 Part XI: Relations Between the Union and the States

Residuary Powers of Legislation

Exact text — Constitution of India

(1) Subject to article 246A, 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.

In Plain English

What this Article actually means

This Article gives Parliament automatic, exclusive authority over anything NOT specifically listed in the State or Concurrent Lists — a deliberate design choice (unlike, say, the US, where undesignated powers default to the states) that reflects India's Union-favouring federal structure, ensuring no legislative gap goes unaddressed.

Why This Matters To You

How it shows up in everyday life

This is why, when a genuinely new subject emerges that the original Seventh Schedule Lists didn't anticipate (like certain aspects of emerging technology regulation), the default assumption is that Parliament — not a state — has the power to legislate on it, unless it clearly falls within an existing State List entry.

Read alongside this one

Art. 246 — Union, State and Concurrent Lists

Frequently Asked

Quick answers about Article 248

Why does India give residuary power to Parliament rather than the states?

This reflects the framers' deliberate choice to build a strongly Union-favouring federal structure, distinguishing India's constitutional design from federations (like the US) where undesignated powers default to the constituent states.

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The text above reproduces Article 248 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.