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Q45 (CAPF/2014) Polity & Governance › Constitutional Basics & Evolution › Constitutional structure Answer Verified

Which of the following statements regarding the residuary powers under the Constitution of India is/are correct ? 1. Residuary powers have been given to the Union Parliament 2. In the matter of residuary power, the Constitution of India follows the Constitution of Australia 3. Schedule 7 of the Constitution of India provides a list of residuary powers 4. The Government of India Act 1935 placed residuary powers in the hands of the Governor General Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: C
Explanation

The Constitution of India vests residuary powers in the Union Parliament under Article 248, granting it exclusive authority to legislate on matters not enumerated in the State or Concurrent Lists [2]. This follows the Canadian model rather than the Australian or American models, where residuary powers typically reside with the states [4]. Statement 2 is incorrect because Australia leaves residuary powers to the states [3]. Statement 3 is incorrect because Schedule 7 lists specific subjects in the Union, State, and Concurrent Lists; residuary power is the authority over subjects *not* found in these lists, though Entry 97 of the Union List serves as a catch-all for residuary taxation [2]. Statement 4 is correct as the Government of India Act 1935 uniquely placed residuary powers in the hands of the Governor-General, rather than the federal or provincial legislatures [5].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > Residuary Powers. > p. 378
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 25: DISTRIBUTION OF FINANCIAL POWERS > DISTRIBUTION OF FINANCIAL POWERS > p. 384
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > II Distribution of Legislative Subjects > p. 146
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Distribution of Legislative Subjects > p. 146
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