Under the Constitution of India, the residuary powers of legislation are vested in which authority?

Introduction / Context:
This question examines your knowledge of the federal division of legislative powers under the Constitution of India. Specifically, it asks who holds the residuary powers of legislation, that is, the power to make laws on subjects not mentioned in any of the three lists in the Seventh Schedule.

Given Data / Assumptions:
• The term “residuary powers” refers to law making authority over subjects not enumerated in the Union, State or Concurrent Lists.
• You are to identify which constitutional authority holds these powers in India.
• The options include the President, State Legislatures, Parliament and the Supreme Court.

Concept / Approach:
In a federation, the Constitution may give residuary powers either to the central government or to the states. In India, Article 248 and Entry 97 of the Union List provide that Parliament has exclusive power to make laws on any subject not enumerated in the State List or the Concurrent List. Thus, residuary legislative powers are vested in Parliament of India. This arrangement differs from some other federations where states hold residuary powers, and it reflects the relatively strong position of the Union in the Indian federal system.

Step-by-Step Solution:
Step 1: Recall that the Union List, State List and Concurrent List enumerate subjects for legislation.Step 2: Understand that residuary subjects are those not covered by any of these three lists.Step 3: Remember that the Constitution specifically assigns these residuary powers to Parliament through Article 248 and Entry 97.Step 4: Choose option C, Parliament of India, as the authority holding residuary powers.

Verification / Alternative check:
To verify, you can compare India with other federations. For example, in the United States, residuary powers are largely with the states, while in India they are with the Union. This contrast is often discussed in polity textbooks and helps reinforce that in India, Parliament has residuary legislative power, which confirms option C as correct.

Why Other Options Are Wrong:
Option A: The President of India is the head of the state and part of Parliament, but does not independently hold residuary legislative powers.Option B: State Legislatures have powers over the State List and share powers on the Concurrent List, but they do not hold residuary powers.Option D: The Supreme Court interprets the Constitution and laws; it does not legislate on residuary subjects.

Common Pitfalls:
A common mistake is to assume that because India is described as a Union of States, the states might hold residuary powers, as is the case in some other federations. Another error is confusing residuary powers with emergency powers. Carefully distinguishing between distribution of subjects in the Seventh Schedule and the role of different constitutional organs can prevent such confusion.

Final Answer:
Correct answer: Parliament of India