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Q.

Which level of government in India has the power to legislate on the residuary subjects?


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a

Union government

b

State government

c

Local-self government

d

Both (1) and (2)  

answer is A.

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Detailed Solution

The Union government has the power to legislate on residuary subjects in India.
The Constitution of India contains three lists. The Union List, State List, and Concurrent List are the three lists. There are items on the union list that can only be passed into law by the centre. The 97 subjects on the Union list cover banking, corporation tax, international policy, and defence. According to the state list, state governments have the power to enact laws regarding public order, local government, agriculture, fisheries, gas, associated works, etc. Fifty-two topics on the Concurrent List require action from the State Legislatures and the Parliament. This list includes divorce and marriage, property transfers, and criminal law and process. Some subjects came up after the constitution was made. Such subjects are known as residuary subjects. Regarding these issues, the union enacts laws. Computer software is an example of a residual subject not listed in one of those mentioned above three.
 

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Which level of government in India has the power to legislate on the residuary subjects?