Question map
To which among the following the residuary powers were conferred by the federation established by the Act of 1935 ?
Explanation
Under the Government of India Act, 1935, the legislative powers were divided into three lists: the Federal List, the Provincial List, and the Concurrent List [2]. Unlike modern federal systems where residuary powers are typically vested in either the central or state legislatures, the 1935 Act uniquely conferred these powers upon the Governor-General [2]. Specifically, Section 104 of the Act empowered the Governor-General to decide whether a matter not enumerated in any of the three lists should be assigned to the Federal or Provincial legislature [t2]. This arrangement ensured that the ultimate authority over unforeseen legislative subjects remained with the representative of the British Crown rather than the elected legislatures [c1][c3]. This historical provision is often contrasted with the current Constitution of India, which vests residuary powers in the Union Parliament [c1].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 1: Historical Background > The features of this Act were as follows: > p. 8
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > Residuary Powers. > p. 378