The Doctrine of Incidental and Ancillary Powers

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doctrine of incidental and ancillary powers

The Indian Constitution‘s Seventh Schedule outlines the division of legislative powers between the Parliament and State Legislatures. Moreover, these explicitly mention that the powers come with Incidental or Ancillary powers. In other words, these additional powers are necessary for the legislatures to exercise the core legislative powers granted by the Constitution. Furthermore, this concept is similar to the “necessary and proper powers” in the US and “powers incidental to the execution of that power” in Australia. 

Incidental or ancillary powerThe power to make laws as explicitly stated in the Seventh Schedule of the Constitution.
The additional power necessary to effectively execute the expressly mentioned legislative powers.

Also Read: 8 Types of Motions That Are Carried Out In The Parliament

Doctrine of Incidental and Ancillary Powers

Furthermore, the important points to remember about the Doctrine are:

  1. Broad Interpretation: Entries in the legislative lists should not be limited. In addition, general words within an entry can include Incidental or Ancillary matters that are fairly connected.
  • Example: Power to levy taxes includes checking tax evasion (which makes collecting taxes more effective).
  1. Reasonable Limits: This broader interpretation has limits. Furthermore, the Incidental power cannot be stretched unreasonably.
  • Example: The power to levy taxes cannot include confiscating goods (as it is too extreme).
  1. No Power Expansion: This Doctrine cannot be used to expand a legislature’s power beyond its list.
  • Example: The power to regulate gambling does not include taxing gambling (taxing is a separate power).
  1. No Misuse: This Doctrine cannot be used to justify laws that violate the Indian Constitution.
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What is Doctrine of Severability?What is Doctrine of Pith and Substance?
What is the Concept of the Gujral Doctrine?What is the Doctrine of Colourable Legislation?

Well with this we come to an end to the Doctrine of Incidental and Ancillary Powers. We are sure you might want to dig deeper into Civics and Polity, so visit us now. 

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