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

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2018, Q15

Contents14
UPSC Prelims GS2018Modern Indian History
  1. AFederal Legislature
  2. BGovernor General
  3. CProvincial Legislature
  4. DProvincial Governors
Show answer

Answer: (B) Governor General

Correct Answer: (b) Governor General

Under the Government of India Act, 1935, residuary powers (powers over subjects not mentioned in any of the three lists) were given to the Governor General, not to any legislature.

This is different from other federations:

  • In the USA, residuary powers go to the States.
  • In Canada, residuary powers go to the Centre.
  • In India's current Constitution, residuary powers go to the Parliament (Centre).

But under the 1935 Act, the Governor General personally held this power, which made it unique and reflected the colonial government's desire to keep maximum control.

The 1935 Act divided subjects into 3 lists: Federal List, Provincial List, and Concurrent List. Anything not covered by these lists was under the Governor General's discretion.

REMEMBER: GoI Act 1935 → residuary powers = Governor General. Current Indian Constitution → residuary powers = Parliament (Union List, Entry 97). The 1935 Act kept more power with the British-appointed Governor General.

Why this was asked

The Government of India Act 1935 gave residuary powers to the Governor General, unlike modern federations where such powers go to either the center or states.

This provision reflected British colonial control strategy - keeping undefined powers with the British-appointed Governor General rather than elected legislatures.

UPSC tests whether students can distinguish between the 1935 Act's power distribution and India's current Constitution where residuary powers belong to Parliament.

Government of India Act 1935 - Key Provisions

Modern Indian History Government of India Act of 1935 residuary powers Governor General

Government of India Act 1935: Federal Structure & Powers

Must know

Residuary powers under GoI Act 1935 went to Governor General (not any legislature)

Established federal structure with 3 lists: Federal, Provincial, Concurrent

Good to know

Created 11 provinces with elected governments but under Governor control

Dyarchy continued at Centre (transferred & reserved subjects)

Colonial Federal Framework

The Government of India Act 1935 was the longest Act passed by British Parliament, creating India's first federal structure while maintaining British control. The Act divided powers between Centre and provinces but kept ultimate authority with British-appointed officials.

Division of Powers - 1935 Act

List Type

Subjects Covered

Authority

Key Examples

Federal List

59 subjects

Federal Legislature

Defence, Foreign Affairs, Railways

Provincial List

54 subjects

Provincial Legislature

Police, Public Health, Agriculture

Concurrent List

36 subjects

Both levels

Criminal Law, Marriage, Contracts

Residuary Powers

Unlisted subjects

Governor General

New technologies, unforeseen matters

Why Governor General Got Residuary Powers

Colonial control: British wanted ultimate authority over new/undefined subjects

Administrative flexibility: Governor General could handle emerging issues without legislative delays

Unique federal model: Different from USA (states get residuary) or Canada (centre gets residuary)

Question Context

This question tests knowledge of the unique power distribution under the 1935 Act. While modern federations give residuary powers to either the centre (like current India) or states (like USA), the 1935 Act gave them to an individual official - the Governor General.

Exam traps

Trap: Confusing 1935 Act with current Constitution - today Parliament has residuary powers (Article 248)

Trap: Assuming federal structure means Federal Legislature got residuary powers like in Canada

Trap: Thinking Provincial Governors got residuary powers due to provincial autonomy provisions

Residuary Powers in Different Federal Systems

Indian Polity residuary powers

Residuary Powers: Comparative Analysis of Federal Systems

Must know

Residuary powers = authority over subjects not mentioned in any constitutional list

India (current): Parliament holds residuary powers under Article 248

Good to know

USA: States get residuary powers under 10th Amendment

Canada: Federal government gets residuary powers

What Are Residuary Powers

Residuary powers cover subjects not explicitly mentioned in constitutional lists - like new technologies, unforeseen circumstances, or emerging policy areas. Who gets these powers reveals whether a federation leans towards centralization or decentralization.

Residuary Powers Across Federations

Country/System

Residuary Powers With

Constitutional Provision

Implication

India (current)

Parliament (Centre)

Article 248 + Union List Entry 97

Strong Centre

GoI Act 1935

Governor General

Administrative discretion

Colonial control

USA

State Governments

10th Amendment

Strong States

Canada

Federal Government

Section 91 (POGG clause)

Strong Centre

Australia

State Governments

Constitutional interpretation

Balanced federalism

India's Current Position

Article 248: Parliament has exclusive power to make laws on residuary matters

Union List Entry 97: Covers 'any other matter not enumerated' in other lists

Examples: Cyber crimes, space technology, artificial intelligence regulation

Significance: Makes Indian federalism Centre-leaning despite federal structure

Exam traps

Trap: Mixing up GoI Act 1935 (Governor General) with current Constitution (Parliament)

Trap: Confusing residuary powers with emergency powers - they are different concepts

Trap: Assuming all federations follow same pattern - USA gives to states, India gives to centre

Federal vs Provincial Powers under 1935 Act

Modern Indian History Federal Legislature Provincial Legislature

Federal-Provincial Division of Powers: Government of India Act 1935

Must know

Provincial autonomy introduced - provinces got elected governments for first time

Federal Legislature controlled 59 subjects including defence, foreign affairs

Good to know

Provincial Legislatures got 54 subjects including police, health, agriculture

Governor's reserve powers could override provincial decisions

Provincial Autonomy Revolution

The 1935 Act introduced provincial autonomy - a major shift from earlier centralized control. For the first time, provinces got elected governments with real powers over local subjects, though Governors retained override authority in critical situations.

Federal vs Provincial Authority

Level

Key Subjects

Legislature Type

Executive Head

British Control

Federal

Defence, Foreign Affairs, Railways, Currency

Bicameral (Council of State + Federal Assembly)

Governor General

Complete British control

Provincial

Police, Health, Agriculture, Education, Local Govt

Unicameral/Bicameral (province-specific)

Governor

Governor's reserve powers

Why Options Were Wrong

# Residuary Powers Question
## Federal Legislature
- Had 59 defined subjects only
- No residuary authority
- Bicameral structure
## Provincial Legislature
- Had 54 defined subjects only
- Subject to Governor override
- No residuary powers
## Provincial Governors
- Had reserve powers only
- Could override provinces
- Not residuary authority

Congress Response to 1935 Act

Accepted provincial autonomy: Contested 1937 elections and formed governments in 8 provinces

Rejected federation: Refused to join proposed federal structure at centre

Quit India preparation: Used provincial experience to build organizational strength

Exam traps

Trap: Thinking Federal Legislature got residuary powers because it was the 'higher' level

Trap: Assuming Provincial Legislatures got residuary powers due to 'provincial autonomy'

Trap: Confusing Provincial Governors' reserve powers with residuary powers