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UPSC Prelims 2018 Q38: Modern History – Constitutional Developments & British Plans (1909 - 1947)

UPSC Prelims 2018, General Studies Paper I · Modern History

In the Federation established by The Government of India Act of 1935, residuary powers were given to the
  1. (a) Federal Legislature
  2. (b) Governor General
  3. (c) Provincial Legislature
  4. (d) Provincial Governors

Answer: (b) Governor General

Explanation

Government of India Act, 1935 - Residuary Powers

The Act of 1935 established an All-India Federation (which never came into being because princely states did not accede) and divided legislative power into three lists: Federal List, Provincial List, Concurrent List.

Residuary powers - powers not enumerated in any list - were vested in the Governor-General, NOT in the Federal Legislature or provinces.

OptionCorrect?
(a) Federal LegislatureNO - Federal Legislature had powers on Federal List, not residuary.
(b) Governor-GeneralYES - Section 104 of the 1935 Act vested residuary powers in the Governor-General.
(c) Provincial LegislatureNO - Provincial Legislatures had authority only over the Provincial List.
(d) Provincial GovernorsNO - Governors had executive functions in provinces, not residuary legislative power.

Contrast with Independent India: The Indian Constitution (Article 248) vests residuary powers in the Parliament (Union) - a deliberate reversal of the colonial arrangement to strengthen central authority.

Answer: (b) Governor-General.

Why each option is right or wrong

Key point

GoI Act 1935 lists: Federal, Provincial, Concurrent - three-tier division for the first time. Residuary powers = Governor-General. Constitution 1950 shifted residuary to Parliament (Article 248).

Remember

In the Federation contemplated by the Government of India Act, 1935, residuary powers were vested in the Governor-General under Section 104. The Constitution of India (Article 248) later reversed this by placing residuary powers with Parliament, reflecting the framers' choice of a stronger Union than the colonial arrangement.

Common mistakes

Exam tip

Residuary powers over time: GoI Act 1935 = Governor-General. Constitution 1950 = Parliament (Article 248 read with Schedule 7 Union List entry 97). This reversal was a conscious centralising choice.

Sources

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