Q. In the context of distribution of legislative powers in India, consider the following statements:
1. Indian Constitution provides for the predominance of the ‘Concurrent List’ over the ‘State List’.
2. At present, the residuary power of legislation is vested with the President.
Which of the statements given above is/are correct?
Exp) Option a is the correct answer
Statement 1 is correct: The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State List, the former should prevail. In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.
Statement 2 is incorrect: In India, the power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation includes the power to levy residuary taxes.
