UPSC Prelims 2018 Q38: Modern History – Constitutional Developments & British Plans (1909 - 1947)
- (a) Federal Legislature
- (b) Governor General
- (c) Provincial Legislature
- (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.
| Option | Correct? |
|---|---|
| (a) Federal Legislature | NO - Federal Legislature had powers on Federal List, not residuary. |
| (b) Governor-General | YES - Section 104 of the 1935 Act vested residuary powers in the Governor-General. |
| (c) Provincial Legislature | NO - Provincial Legislatures had authority only over the Provincial List. |
| (d) Provincial Governors | NO - 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
- (a) Incorrect. The Federal Legislature under the 1935 Act had powers only over the enumerated Federal List, not residuary matters.
- (b) CORRECT. Section 104 vested residuary powers in the Governor-General.
- (c) Incorrect. Provincial Legislatures were limited to the Provincial List.
- (d) Incorrect. Provincial Governors were executive heads of provinces; residuary legislative power was not theirs.
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
- Assuming the 1935 Act mirrored the current Constitution - residuary was with Governor-General then, not with the Federal Legislature.
- Confusing three-list division (Federal/Provincial/Concurrent - a 1935 innovation) with the residuary power vesting.
- Forgetting that Article 248 of the Constitution deliberately reversed the 1935 approach to strengthen the Union.
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
- Government of India Act, 1935 - Section 104
- M. Laxmikanth - Indian Polity (Chapter on Historical Background)