Q. In the Federation established by The Government of India Act of 1935, residuary powers were given to the (UPSC Prelims 2018)
Answer:
Governor General
Notes: The correct answer is
[B] Governor General.Under the Government of India Act of 1935, the legislative powers were divided into three lists: the Federal List (for the Centre), the Provincial List (for the provinces), and the Concurrent List (for both).
- Governor General (Correct): Unlike modern India, where residuary powers rest with the Parliament, the 1935 Act vested the residuary legislative powers in the Governor General. He had the discretion to decide which authority (Federal or Provincial) should exercise power over a matter not mentioned in any of the three lists.
- Federal Legislature (Incorrect): While it had exclusive jurisdiction over the Federal List, it did not automatically inherit residuary powers.
- Provincial Legislature & Governors (Incorrect): Provincial legislatures were restricted to the Provincial List and the Concurrent List. Provincial Governors acted as the executive heads of provinces but did not hold residuary legislative authority.
The Government of India Act of 1935 aimed to establish a Federation of India consisting of British Indian provinces and Princely States. Although the federation never actually came into being because the Princely States did not join, the distribution of powers remains a landmark feature of Indian constitutional history.