Q. Consider the following statements:
1. The Government of India Act of 1935 provided for two-fold enumeration of legislative subjects viz, federal and provincial.
2. Under the Government of India Act of 1935, the residuary powers of legislation were given to the governor-general of India.
3. As per the present Constitution of India, the residuary powers of legislation are vested with parliament.
Which of the statements given above is/are correct?
Answer: B
Notes:
Exp) Option b is the correct answer.
Statement 1 is incorrect. The Government of India Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent.
Statement 2 is correct. Under the Government of India Act of 1935, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the governor-general of India.
Statement 3 is correct. As per the present Constitution of India, the power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation includes the power to levy residuary taxes.
