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Question

Which of the following statements regarding the residuary powers under the Constitution of India is/are correct?
1. Residuary powers have been given to the Union Parliament
2. In the matter of residuary power, the Constitution of India follows the Constitution of Australia
3. Schedule 7 of the Constitution of India provides a list of residuary powers
4. The Government of India Act 1935 placed residuary powers in the hands of the Governor General
Select the correct answer using the code given below :

The correct answer is
1 and 4

Residuary Powers: Parliament's Authority

The correct statements regarding residuary powers under the Constitution of India are 1 and 4.

Statement Verification: Residuary Powers

  • Statement 1: Residuary powers have been given to the Union Parliament.
    This statement is correct. Article 248 of the Constitution of India states that Parliament has the exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
  • Statement 2: In the matter of residuary power, the Constitution of India follows the Constitution of Australia.
    This statement is incorrect. The Constitution of India, in vesting residuary powers in the Union, follows the Canadian model, not the Australian one. In Australia, residuary powers are generally with the states.
  • Statement 3: Schedule 7 of the Constitution of India provides a list of residuary powers.
    This statement is incorrect. Schedule 7 outlines the distribution of legislative powers through the Union List, State List, and Concurrent List. Residuary powers are those not covered by these lists and are explicitly assigned to the Union Parliament by Article 248.
  • Statement 4: The Government of India Act 1935 placed residuary powers in the hands of the Governor General.
    This statement is correct. The Government of India Act 1935 had provisions where the residuary legislative powers were vested in the Governor-General.

Final Answer Determination

Statements 1 and 4 are identified as correct. Therefore, the correct option combines these two statements.

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Important Questions from Federal System

  1. Which one of the following is not a feature of Indian federalism?
  2. Which of the following is/are correct regarding the office of Governor in India ?
    1. One Governor can act as Governor of more than one State
    2. The Governor has the power to grant pardons, reprieves, remission of punishment to persons convicted under the State Law
    3. The Governor is appointed by the President on the recommendation of the Chief Minister of the respective State
    Select the correct answer using the code given below :
  3. The system of federalism in India divides power between:
  4. What is the implication of Article 239AA in the context of the National Capital Territory of Delhi?
  5. Which of the following statements in respect of the nature of the federal system in India is/are correct?

    1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States.

    2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India.

    3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers.

    Select the answer using the code given below.

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