Explanation:

No where on Schedule VII there is mention of legislation on RTI.Understandably, none of the entries in the schedule specifically mention the subject matter of data protection and RTI. This does not automatically mean that it falls within the residuary subject matter, thereby giving the parliament the right to legislate on a law for the entire country. Determining the legislative competence under Schedule VII does not come down to finding the exact subject matter in one of the three lists. Rather, courts use the test of “pith and substance” to identify the essence of a legislation and identify which of the entries in the three lists best covers the issue. This doctrine was recognised by the Supreme Court in its early days in the case of The State of Bombay and Another vs F.N. Balsara where the court had to decide on whether the Bombay Prohibition Act was within the ambit of List I or List II.