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Difficulty: MediumFederal System of Government

During a legal dispute in a federal state, the central legislature enacts a statute regarding traditional chieftaincy affairs—a subject matter that is not specified in either the Exclusive Legislative List or the Concurrent Legislative List of the constitution. Which principle of constitutional division of powers determines the legal resolution of this conflict?

  1. A
    The central government holds jurisdiction because central statutes automatically override regional laws on any unmentioned subject.
  2. The component state governments hold jurisdiction because non-enumerated matters fall into the Residual Legislative List.Answer
  3. C
    The central government holds jurisdiction because regional governments exercise only delegated authority that the center can expand at will.
  4. D
    The component state governments hold jurisdiction because regional units retain supreme external sovereignty over central legislation.

Answer

The component state governments hold jurisdiction because non-enumerated matters fall into the Residual Legislative List.
In a federal system of government, constitutional authority is divided into specific legislative lists. The Exclusive List belongs to the central government, the Concurrent List is shared, and any subject omitted from both lists falls onto the Residual Legislative List. By constitutional design in standard federalism, residual powers belong exclusively to the component state governments.

Step-by-Step Solution

1
Identify the legislative power distribution model in a federal constitution.
Federal constitutions divide legislative authority into three main categories: Exclusive (central government), Concurrent (shared between central and regional governments), and Residual.
Understanding the structure of power division is essential for resolving jurisdictional conflicts.
2
Determine the constitutional status of unlisted or non-enumerated subjects.
Matters not explicitly assigned to the Exclusive or Concurrent lists automatically belong to the Residual Legislative List.
The Residual List is designed to capture all remaining local or non-enumerated matters.
3
Apply the rule of residual powers to component states in a federation.
Residual powers are constitutionally vested in the component sub-national/state units, giving them exclusive jurisdiction over such matters like traditional chieftaincy affairs.
This guarantees coordinate constitutional autonomy for state governments within their defined sphere.

Key Concept

Residual Legislative Powers in a Federal System
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Topics

Federal System of Government

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