Indian Polity & Governance·Landmark Judgments

Residuary Powers — Landmark Judgments

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Version 1Updated 5 Mar 2026

Landmark Judgments

State of West Bengal v. Kesoram Industries Ltd.

2004

This landmark judgment established that Entry 97 of the Union List is not merely a residuary provision but grants substantive legislative power to Parliament over unlisted…

Hingir-Rampur Coal Co. Ltd. v. State of Orissa

1961

This case clarified the exclusive nature of Parliament's residuary powers and established that states cannot legislate on subjects falling under Entry 97, even when such subjects…

State of Rajasthan v. G. Chawla

1959

This judgment extended residuary powers beyond mere legislation to include executive action, establishing that Parliament's authority under Article 248 encompasses both law-making…

In re: The Delhi Laws Act

1951

This early Supreme Court reference established fundamental principles about residuary powers, including their exclusive nature and the impossibility of delegation to state…

Khoday Distilleries Ltd. v. State of Karnataka

1996

This case addressed the relationship between Parliament's residuary powers and states' police powers, establishing that states cannot use regulatory authority to effectively…

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