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Report No. 138

7.13. Residuary power.-

It may be mentioned out of abundant caution that if it is considered that entry 23 pertaining to social security is not applicable, recourse can in any case be safely made to the residuary power of the Centre to legislate under entry 97 of the Union List, viz., "Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists" in as much as neither "housing" nor 'rehabilitation of uprooted or roofless citizens upon eviction' are specified in either List II or List III. It would be appropriate in this connection to refer to the N.C.U. Report1 from which we quote:-

"11.6.31 Cohesive legislative support for housing has been lacking, in the Constitution of India, housing does not find specific mention. However, in so far as housing for industrial labour is concerned, item 24 of List III (Concurrent List) may be said to cover it because it deals comprehensively with the welfare of labour. This would place the subject in the Concurrent List with which both the Union and State Governments are concerned. The residual powers in relation to the subjects not mentioned in the State or Concurrent Lists, however, vest in the Union legislature. As such, the Union Government may be said to be directly concerned with the subject of housing in general."

In any view of the matter it cannot be gainsaid that the Centre has the requisite competence to legislate on the subject in question.

1. National Commission on Urbanisation Report, Vol. II, p. 219 (August 1988).



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