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Q38 (IAS/2018) Polity & Governance ā€ŗ Constitutional Basics & Evolution ā€ŗ Government of India Acts Official Key

In the Federation established by The Government of India Act of 1935, residuary powers were given to the

Result
Your answer: ā€”  Ā·  Correct: B
Explanation

Section 104 of the Government of India Act, 1935, vested the residuary powers in the Governor-General to be exercised in his discretion.[2] The Act divided powers between the Centre and units in terms of three lists - Federal List (with 59 items), Provincial List (with 54 items) and the Concurrent List (with 36 items), and residuary powers were given to the Viceroy (Governor-General).[3] This arrangement differed from the current Indian Constitution, which vests residuary powers in the Union legislature under Article 248.[4] Under the Government of India Act, neither the Federal Legislature nor the Provincial Legislature had any powers of altering or amending the constitution.[5] This centralization of residuary powers in the Governor-General's hands reflected the colonial nature of the Act, where ultimate legislative authority on unenumerated matters remained with the British-appointed executive rather than being democratically distributed.

Sources
  1. [1] https://www.mea.gov.in/Images/attach/amb/Volume_08.pdf
  2. [2] https://www.mea.gov.in/Images/attach/amb/Volume_08.pdf
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 1: Historical Background > The features of this Act were as follows: > p. 8
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > Residuary Powers. > p. 378
  5. [5] https://www.mea.gov.in/images/attach/amb/volume_01.pdf
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Q. In the Federation established by The Government of India Act of 1935, residuary powers were given to the [A] Federal Legislature [B] Goā€¦
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 Ā· 7.5/10
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This is a textbook 'Sitter' from the very first chapter of Laxmikanth ('Historical Background'). It tests the fundamental structural difference between the 1935 Act and the present Constitution regarding the locus of power. If you missed this, you are neglecting the static core.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Were residuary powers in the Federation established by the Government of India Act, 1935 vested in the Federal Legislature?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"This is precisely what is done by section 104 of the Government of India Act, 1935, which vests the residuary powers in the Governor-General to be exercised in his discretion."
Why this source?
  • Explicitly states where residuary powers were placed under the Act.
  • Names section 104 as vesting residuary powers in the Governorā€‘General, which excludes vesting them in the Federal Legislature.
Web source
Presence: 3/5
"Under the Government of India Act neither the Federal Legislature, nor the Provincial Legislature have any powers of altering or amending the constitution."
Why this source?
  • Notes that under the Act the Federal Legislature did not have constituent (constitutionā€‘altering) powers.
  • Supports the broader point that key sovereign-type powers were not vested in the Federal Legislature.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > Residuary Powers. > p. 378
Strength: 5/5
ā€œIn the USA and Australia). In this respect, the Constitution differs from the Government of India Act, 1935, for, under That Act, the residual powers were vested neither in the Federal nor in the State Legislature, but were placed in the hands of the Governor-General; the Constitution vests the residuary power, i.e., the power to legislate with respect to enumerated in any one of the three Lists-in the Union any matter not legislature [Article 248], and the final determination as to whether a particular matter falls under the residuary power or not is that of the courts.ā€
Why relevant

States explicitly that under the Government of India Act, 1935 residual powers were placed in the hands of the Governor-General rather than the Federal or State Legislature.

How to extend

A student could check the Act's text or historical summaries to confirm the Governorā€‘General's statutory role and contrast it with the idea of vesting such powers in a legislature.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > II Distribution of Legislative Subjects > p. 146
Strength: 5/5
ā€œThe Australian Constitution followed the American pattern of single enumeration of powers. In Canada, on the other hand, there is a double enumeration-Federal and Provincial, and the residuary powers are vested in the Centre. The Government of India Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent. The present Constitution follows the scheme of this act but with one difference, that is, under this act, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the Governor-General of India. In this respect, India follows the Canadian precedent. The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List.ā€
Why relevant

Explains the Act's threeā€‘fold list scheme and states residuary powers were given neither to the federal nor provincial legislature but to the Governorā€‘General, highlighting the deviation from other federations.

How to extend

Use this rule to compare other federations (e.g., Canada, USA) and infer that the 1935 Act was exceptional in assigning residuary authority to the executive.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > II Distribution of Legislative Subjects > p. 146
Strength: 4/5
ā€œThe Australian Constitution followed the American pattern of single enumeration of powers. In Canada, on the other hand, there is a double enumeration-Federal and Provincial, and the residuary powers are vested in the Centre. The Government of India Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent. The present Constitution follows the scheme of this act but with one difference, that is, under this act, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the Governor-General of India. In this respect, India follows the Canadian precedent. The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List.ā€
Why relevant

Repeats that the 1935 Act provided three lists and that residuary powers were given to the Governorā€‘General, reinforcing the pattern across sources.

How to extend

A student could treat repeated secondaryā€‘source statements as corroboration and seek the specific Act provisions or debates to verify the allocation.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 1: Historical Background > The features of this Act were as follows: > p. 8
Strength: 4/5
ā€œAnd princely states as units. The Act divided the powers between the Centre and units in terms of three lists-Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy (Governor-General). However, the federation never came into being as the princely states did not join it. ā€¢ It abolished dyarchy in the provinces and introduced 'provincial autonomy' in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible Governments in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature.ā€
Why relevant

States in concise form that residuary powers were given to the Viceroy (Governorā€‘General) under the Act, directly addressing who held residual authority.

How to extend

Combine this with knowledge of the Viceroy/Governorā€‘General's powers to judge whether legislative vesting was possible under the Act's structure.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 5: NATURE OF THE FEDERAL SYSTEM > NATURE OF THE FEDERAL SYSTEM > p. 60
Strength: 3/5
ā€œFederation as envisaged by the Government of India Act, 1935. and combining the m into a federation by one and the same Act". All powers hitherto exercised in India were resumed by the Crown and redistributed between the Federation and the Provinces by a direct grant. Under this system, the Provinces derived their authority directly from the Crown. and exercised legislative and executive powers, broadly free from Central control, within a defined sphere. Nevertheless, the Centre retained control through 'the Governor's special responsibilities' and his obligation to exercise his individual judgment and discretion in certain matters. The power of the Centre to give direction to the Provinces.ā€
Why relevant

Describes the redistribution of powers under the 1935 Act and notes that the Centre retained control through 'the Governor's special responsibilities' and discretionary powers.

How to extend

Use this pattern (executive discretion at Centre) to infer how residuary matters might practically have been handled if not vested in a legislature.

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Statement analysis

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Statement analysis

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SIMILAR QUESTIONS

CDS-II Ā· 2010 Ā· Q81 Relevance score: 7.17

To which among the following the residuary powers were conferred by the federation established by the Act of 1935 ?

CAPF Ā· 2014 Ā· Q45 Relevance score: 4.89

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 :

IAS Ā· 2024 Ā· Q62 Relevance score: 4.53

With reference to the Government of India Act, 1935, consider the following statements : 1. It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States. 2. Defence and Foreign Affairs were kept under the control of the federal legislature. Which of the statements given above is/are correct ?

IAS Ā· 2005 Ā· Q87 Relevance score: 4.27

Consider the following statements: The Government of India Act, 1935 provided for 1. The provincial autonomy. 2. The establishment of Federal Court. 3. All India Federation at the centre. Which of the statements is/are correct?

CDS-I Ā· 2005 Ā· Q30 Relevance score: 3.88

Consider the following statements: The Government of India Act, 1935 provided for the 1. Establishment of an All-India Federation to be based on the Union of British Indian Provinces and Princely States. 2. Franchise for all the people above 21 years of age. 3. Power to Governors to veto legislative and administrative measures in their provinces. Which of the statements given above is/are correct ?