Minimalist IAS
Prelims 2018 paper

UPSC CSE Prelims 2018 · Question 38 · Constitutional development & the transfer of power

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

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

Answer & explanation

Answer: (b) Governor General

Under the Government of India Act, 1935 the residuary powers went to the Governor-General, not to the Federal or the Provincial Legislature. Section 104 let him, acting in his own discretion, authorise either legislature to make a law on a matter not listed in the Seventh Schedule.

  • ✓ (b) Section 104(1) says the Governor-General may by public notification empower either the Federal Legislature or a Provincial Legislature to legislate on a matter not enumerated in any list of the Seventh Schedule, and Section 104(2) says he acts in his discretion.
  • ✗ (a) The Federal Legislature had only the powers given in the Federal List and the Concurrent List. It could make a law on an unlisted matter only if the Governor-General empowered it.
  • ✗ (c) The Provincial Legislature likewise held only the Provincial and Concurrent Lists and had no residuary power of its own.

Remember · 1935 Act: residuary powers with the Governor-General (Section 104). The Constitution of India changed this: Article 248 gives them to Parliament.

Sources

Question and answer: UPSC's official GS Paper I (2018, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·

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