Question
Download Solution PDFFrom which country's constitution did the framers of Indian constitution borrow the idea of 'vesting residuary powers with the centre'?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Canada.
Key Points
- The framers of the Indian Constitution borrowed the idea of ‘vesting residuary powers with the Centre’ from the Constitution of Canada.
- In the Indian Constitution, residuary powers are mentioned under Article 248 and are assigned to the Union Parliament.
- This contrasts with the federal systems of countries like the United States, where residuary powers are vested with the states.
- The Canadian model influenced India due to its quasi-federal structure, which combines elements of both federal and unitary systems.
- Residuary powers allow the Centre to legislate on matters not enumerated in the Union List, State List, or Concurrent List.
Additional Information
- Federal System:
- A federal system is a form of government where powers are divided between a central authority and its constituent units (states or provinces).
- India is often described as a quasi-federal state due to its strong centralizing tendencies.
- Residuary Powers in India:
- Residuary powers are those powers that are not explicitly mentioned in any of the three lists of the Seventh Schedule of the Indian Constitution.
- These powers are exclusively vested in the Parliament under Article 248.
- Seventh Schedule of the Indian Constitution:
- The Seventh Schedule contains three lists: the Union List, the State List, and the Concurrent List.
- The Union List comprises subjects on which only the central government can legislate, while the State List is for state legislatures.
- The Concurrent List allows both the Union and State governments to legislate on shared matters.
- Canadian Influence on Indian Federalism:
- The Canadian Constitution inspired India’s approach to residuary powers to ensure a strong central authority.
- Like Canada, India also employs a system where certain powers are centralized to maintain national integrity and uniformity.
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