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PYQ Question

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

In the Federation established by The Government of India Act of 1935, residuary powers were given to the
  1. A. Federal Legislature
  2. B. Governor General
  3. C. Provincial Legislature
  4. D. Provincial Governors

Answer: B

Explanation

The Government of India Act of 1935 envisaged an all-India federation consisting of eleven Governor’s provinces, six Chief Commissioner’s provinces, and such Indian States as would agree to join the federation. The governmental subjects were divided into three Lists i.e. Federal, Provincial and Concurrent. The provincial legislatures were given exclusive power to legislate with respect to matters in the Provincial list. The federal legislature had the exclusive power to make law on matters in the Federal List. The federal and the provincial legislatures had concurrent jurisdiction with respect to matters in the Concurrent List. In case of conflict between a provincial law and a federal law on a matter enumerated in the Concurrent List, the latter was to prevail, and the former would, to the extent of the repugnancy be void. Residuary powers were vested in the Governor-General, who could, in his discretion, assign any such power by a public notification to the federal legislature or the provincial legislature.