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International Journal of
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VOL. 8, ISSUE 2 (2022)
Amendment to article 248(1) of the constitution of India-Residuary powers of the legislation
Authors
Raj Shah
Abstract
The topic of this paper is Legislative Competence. It largely and essentially focuses on the understanding of Article 248(1) of the Constitution of India which provides Residuary powers to the Union when read along with Entry 97 of the State List. The case of Union of India vs Harbhajan Singh Dhillon is analyzed along with its dissenting opinion. The purpose of analyzing the case was to ensure some clarity on the question of residuary powers on entries which were mentioned by virtue of exclusion in the Union list. Further, after enlisting the intention of the constitution makers and drafters using the Constituent Assembly debates I have made an attempt to show that State autonomy is of equal importance. I have thereby put forward and proposed an amendment which I wish to bring and which should be brought i.e. shifting the entry of residuary powers to the Concurrent List thereby maintaining State autonomy. The last part of this paper focuses on ways and means in which cobwebs in the Constitution can be rectified.
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Pages:23-26
How to cite this article:
Raj Shah "Amendment to article 248(1) of the constitution of India-Residuary powers of the legislation". International Journal of Law, Vol 8, Issue 2, 2022, Pages 23-26
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