In the Federation established by The Government of India Act of 1935, residuary powers were given to the
- (a) Federal Legislature
- (b) Governor General ✓ UPSC's answer
- (c) Provincial Legislature
- (d) Provincial Governors
Why the answer is (b)
• The Government of India Act, 1935 divided powers into Federal, Provincial and Concurrent Lists.
• Residuary powers — subjects in none of the three lists — were vested in the Governor-General, who could authorise either the federal or a provincial legislature to legislate on them at his discretion — option (b).
• India's Constitution later gave residuary powers to Parliament (Article 248), unlike the 1935 scheme.
• Hence option (b).
Why the other options are wrong
- (a) Federal Legislature
- The Federal Legislature got residuary powers only if the Governor-General allowed.
- (c) Provincial Legislature
- Provincial Legislatures had no residuary powers of their own.
- (d) Provincial Governors
- Provincial Governors were not given residuary powers.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2018, held on 3 June 2018. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.