Incidental Power

noun (countable; constitutional law term)

/ˌɪnsɪˈdɛntəl ˈpaʊə/

A power that, though not expressly granted, is necessarily implied as an adjunct to an expressly conferred power, enabling its effective exercise. In India, the doctrine of incidental or ancillary powers is applied to legislative entries in the Seventh Schedule: if a legislature has power over a subject, it also has power to make incidental provisions necessary to give effect to the main subject. The Supreme Court articulated this in several cases including Prafulla Kumar Mukherjee v. Bank of Khulna (1947).

✍️ Usage in a UPSC answer

Since Parliament has the power to legislate on banking under Entry 45 of the Union List, it also possesses the incidental power to prescribe licensing conditions, even though licensing is not expressly mentioned in that entry.

Synonyms

ancillary powerimplied poweraccessory powerconsequential power

Antonyms

express powerenumerated powerexplicit grant

🌱 Word Family

incidental (adjective), incidentally (adverb), incident (noun), coincide (cognate verb), ancillary (synonym adjective)

🔡 Root

Latin incidere (to fall upon, to happen) ← in- (upon) + cadere (to fall) + Latin potere (to be able)

📜 Etymology

Incidental from Latin incidens (falling upon, happening), from incidere. In law, what 'falls upon' or accompanies a main power is its incidental power. Power from Latin potere (to be able), via Old French pouvoir. The doctrine developed in US constitutional law (McCulloch v. Maryland, 1819) and was adopted in Commonwealth jurisprudence.

🧠 Memory Hook

INCIDENTAL = it falls in beside the main power. Like incidental music in a film — it wasn't the main feature, but it comes along with the scene. Incidental power tags along with the main (express) power.

⚖️ Polity & Constitution 📖 Seen in: Preamble of the Indian Constitution

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