Question 74 from UPSC CSE 2018 - Modern History

Question

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

IASCODEX · Accepted Answer

Correct Option: B. Governor General

Strategy: Focus on the central control mechanism established by the 1935 Act--specifically, how powers not enumerated in the legislative lists (residuary powers) were intentionally kept under direct British authority to maintain administrative dominance. Both the provincial and federal legislatures had limited competencies restricted to their respective lists. Since 'residuary' implies unspecified or leftover subjects, only the Governor General was explicitly granted this discretion by the Act, not any legislative body or provincial representative. Thus, option B can be confidently chosen.

Key Info: The Government of India Act, 1935, sought to establish an all-India federation consisting of British provinces and princely states (though the federation provision did not come into operation). It created a threefold division of legislative subjects into Federal List (for central legislature), Provincial List (for provincial legislatures), and Concurrent List (for both). The Act departed from the previous 1919 arrangement by giving limited autonomy to provinces but retained significant powers for the center. Critically, all residuary legislative powers--those not enumerated in any of the lists--were specifically allocated to the Governor General. The Governor General was authorized to decide whether a matter fell within federal, provincial, or residuary categories and was empowered, by public notification, to assign any such matter to either the federal or provincial legislature as needed. This arrangement reflected the British intent to preserve ultimate discretionary control over unforeseen or important legislative matters. Provincial Governors, legislatures, and even the Federal Legislature itself did not possess this residuary authority. The system stands in contrast to the later Indian Constitution (Art. 248), where the Union Parliament was vested with residuary powers. The 1935 Act marked the peak of centralization under colonial rule and was foundational in shaping India's constitutional development.

IASCODEX · Answer

Option A: Federal Legislature

IASCODEX · Answer

Option C: Provincial Legislature

IASCODEX · Answer

Option D: Provincial Governors