The power to legislate on subjects not enumerated in any of the three lists of the concept seventh schedule. In India these residuary powers are vested in Parliament (the Union), not the States.
- Article 248 gives Parliament exclusive power to make laws on any matter not in the Concurrent or State Lists, including the power to impose a tax not mentioned in those lists.
- Entry 97 of the Union List (List I) is the residuary entry that carries this power.
- This is a centralising feature: it follows the Canadian model rather than the American or Australian model, where residuary powers rest with the units.
- When a subject is genuinely new and not covered by any entry, the courts first try to fit it within an existing entry by a liberal reading; only if it fits none does the residuary power apply.
- Examples often assigned to the residuary power include certain new technologies and subjects not foreseen in 1950.
The location of residuary powers with the Union (Article 248, Entry 97) is a frequently asked federalism fact, marking India's centralised tilt.
Unlike the United States, where residuary powers rest with the States, in India they rest with Parliament under Article 248 and Entry 97 of the Union List.
Article 248 and Entry 97, Union List: Parliament holds the residuary power over subjects in no list, a centralising feature.