From which country's constitution did the framers of Indian constitution borrow the idea of 'vesting residuary powers with the centre'?

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  1. United States of America
  2. Australia
  3. Canada
  4. United Kingdom

Answer (Detailed Solution Below)

Option 3 : Canada
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The 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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