Q. The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the (UPSC Prelims 2012)
Answer:
Government of India Act 1935
Notes: The correct answer is
[C] Government of India Act 1935.The distribution of legislative powers between the Centre and the States in the current Indian Constitution is almost entirely borrowed from the
Government of India Act, 1935. This Act introduced a federal structure and divided powers into three distinct lists.The Threefold Distribution of PowerThe 1935 Act established a scheme that is mirrored in the
Seventh Schedule of the modern Constitution:
- Federal List (now Union List): Contained subjects of all-India interest like defense, external affairs, and coinage.
- Provincial List (now State List): Contained subjects of local importance like police, provincial public services, and education.
- Concurrent List: Contained subjects where both the Federal and Provincial legislatures could make laws, such as criminal law and marriage.
Key Differences in Residuary PowersWhile the list structure remains the same, there is a major difference regarding
Residuary Powers (powers not mentioned in any of the three lists):
- Under the 1935 Act: Residuary powers were given to the Viceroy (Governor-General).
- Under the Indian Constitution: Residuary powers are vested in the Union Parliament (Article 248).
Analysis of Other Options:- Morley-Minto Reforms, 1909 (Option A): Introduced communal electorates but did not provide for a federal distribution of powers.
- Montagu-Chelmsford Act, 1919 (Option B): Introduced Dyarchy in the provinces (dividing provincial subjects into 'Reserved' and 'Transferred'), but the structure was still unitary, not federal.
- Indian Independence Act, 1947 (Option D): This was primarily an enabling act that ended British rule and created two independent dominions (India and Pakistan).