UPSC IAS - 2018
In the federation established by The Government of India Act of 1935. Residuary Power were given to the-
Year Asked: 2018
Correct Answer
B. Governor General
Detailed Explanation
The correct answer is B) Governor General. Under the Government of India Act, 1935, Section 104 vested residuary powers, meaning subjects not listed in either the Federal or Provincial List, in the Governor General. He could decide whether a residuary matter belonged to the federal or provincial sphere, and the power was exercised at the Centre's discretion.
Why the others are wrong:
- A) Federal Legislature: It legislated on the 59 items of the Federal List, but it did not hold residuary powers.
- C) Provincial Legislature: It legislated on the 54 items of the Provincial List, again without residuary powers.
- D) Provincial Governors: They had special powers within provinces, but residuary powers were never given to them.
The core concept is the distribution of legislative powers in a federation, which is the basis of the Seventh Schedule of the Constitution. For Mains, this links to the evolution of centre-state relations and the strong Centre built into the 1935 Act.
Note that under the Constitution, Article 248 places residuary powers with Parliament, not the Governor General.
Trap: Aspirants often carry over the Constitution's Article 248 answer, which is Parliament, and pick A.
This question appeared in UPSC Prelims 2018 GS Paper-1.
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