Which of the following statements regarding Doctrine of Ancillary Powers are correct 1 It provides t...........

Indian Governance and Polity(UPPCS) Centre - State Relations

Which of the following statements regarding Doctrine of Ancillary Powers are correct?

1. It provides that the power to legislate on a subject also includes the power to legislate on ancillary matters that are reasonably connected to that subject.

2. The doctrine focuses on such an interpretation of the words in the statute to provide them a liberal and the widest interpretation.

3. The power of the Parliament to make incidental provisions related to the creation of Legislative Council of State under Article 169 is justified by this doctrine.

Select the correct answer using the code given below:

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

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Explanation:

Doctrine of Incidental or Ancillary Powers :

Ancillary or incidental powers mean those powers that support the powers that are expressly conferred.
There are some express powers given to both the Central and State Governments through the three lists speci fi ed in the Seventh Schedule.
The doctrine of ancillary or incidental powers means that these express powers to legislate on a matter also consist of the power to legislate on an incidental or ancillary matter.
Such a power is essential for the proper exercise of the expressly conferred legislative powers. For example, the power to legislate on banking would also include all the related powers to legislate on matters like functions of banks, the composition of their boards, relationship with RBI, etc.
Similarly, the power to legislate on an entry dealing with forests would include the power of afforestation, deforestation, planning and management of forest as ancillary matters.
The jurisprudence related to this doctrine focuses on such an interpretation of the words in the statute to provide them a liberal and the widest interpretation.
This aids in the proper and effective functioning of the object of the legislature. But, this doctrine has a limited application.