Since you have provided a case title "Article 248 in Constitution of India" and a date of "26 January 1950," this isn't a specific case but rather a reference to a constitutional provision. Therefore, I will provide an explanation of Article 248 within the requested format.
Short Summary
Article 248 of the Constitution of India deals with the residuary powers of legislation. It grants the Parliament exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or State List. This means that any subject matter not specifically allocated to the states or both the center and states falls under the legislative domain of the Union Parliament.
Facts
This is not a case with specific facts. Article 248 is a constitutional provision that came into effect on January 26, 1950, with the commencement of the Constitution of India. It defines the legislative powers of the Union Parliament concerning matters not explicitly assigned to the states.
Issues
The issue addressed by Article 248 is the allocation of legislative power concerning subjects not specifically mentioned in the Seventh Schedule (Union List, State List, and Concurrent List) of the Constitution. The core question is: which legislative body has the power to legislate on matters not explicitly listed?
Petitioner's Arguments
Since this is not a court case, there is no petitioner. However, proponents of a strong central government might argue that Article 248 is essential for national unity and uniformity, allowing the Union to address emerging issues not foreseen during the Constitution's drafting.
Respondent's Arguments
Similarly, there is no respondent. However, advocates for greater state autonomy might argue that Article 248 could potentially encroach upon the legislative powers of the states, especially if the Union interprets the scope of residuary powers too broadly. They might advocate for a narrow interpretation of "residuary powers."
Court's Reasoning
As this is a constitutional provision and not a court case, there is no specific court reasoning to analyze. However, the rationale behind Article 248 is to ensure that there is a legislative body empowered to address unforeseen circumstances and new subject matters that may arise after the Constitution's enactment. This prevents a legislative vacuum. The Constituent Assembly decided that the Union Parliament was the most appropriate body to exercise these residuary powers, given its national scope and responsibility.
Conclusion
Article 248 establishes that the Parliament of India has exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or State List. This ensures that legislative authority exists for all possible subjects, even those not explicitly mentioned in the Seventh Schedule. The article is crucial for adapting the legal framework to evolving societal needs and technological advancements.
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