Prelims 2018 · Q38
MediumIn 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
- Government of India Act 1935, Section 104(1) (original text as enacted, legislation.gov.uk, King's Printer; Internet Archive copy) ↗ “The Governor-General may by public notification empower either the Federal Legislature or a Provincial Legislature to enact a law with respect to any matter not enumerated in any of the Lists in the Seventh Schedule to this Act … In the discharge of his functions under this section the Governor-General shall act in his discretion.”
- Constitution of India, Article 248 (Legislative Department, Government of India) ↗ “has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.”
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). Permalink ·