Question

power to make laws on residual subjects is​

Answer 1

The power to make laws on residual subjects is with the central government.

Answer 2

The power to make laws with respect to residuary subjects is vested in the Parliament

Explanation:

• The Founding Fathers made residual provisions in Article 248 of the Constitution and Entry 97 of the Union List in recognition of the likelihood of a situation where law could be needed in matters not mentioned on any of the three Lists (Parliament and the State constitutional authorities have exclusive legislative powers on items in both the Union List and the State List. Both may make laws on items in the concurrent list). The Parliament exercises the residual powers of rule.
• The exclusive authority of parliament to make law on any issue that is not specified in lists II and III, is vested in according to Article 248(2) of the Indian Constitution. The power to make any law that would put a tax not on any of those lists shall include that power.
• In addition, entry 97 of Union List states that it is Parliament's sole power to legislate on any issue not mentioned in List II or III. Therefore, the residual powers of law are solely delegated to the Union by Article 248 and Entry 97 of the Union Constitution List of India. Unless a piece of legislation is included in any of the three lists, it is to be seen as a concern not listed on any of the third lists, and that belongs solely to a parliament in accordance with entry 97, List I under Article 248. That is, Article 248 shall have its purpose and duration as regards Entry 97, List I.
• However, there is a limited range of residual forces. Because the three lists cover all conceivable topics, including the Union, the State and Concurrent. The court can then determine either whether or not a subject falls within the residual power. The purpose behind the residual power is to allow parliament to legislate on anything that has defied house review and is not actually recognizable. But, the framers of constitution intended that recourse to residuary powers should be the last resort, and not thefirst step.