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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. The Constitution of India provides for the 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:

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. The Constitution of India provides for the 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: Correct Answer 1 and 4

The correct answer is 1 and 4.

Important Points

  • Seventh Schedule of Indian Constitution - (Article 246):
    • ​The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
    • The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:
    1. Union List – List I
    2. State List – List II
    3. Concurrent List – List III
    • Parliament and the State legislatures have exclusive powers to legislate on items in the Union List and the State List respectively.
    • Both can legislate on items in the Concurrent List.
    • However, foreseeing the possibility of a situation in which legislation might be required on matters that are not mentioned in any of the three Lists, the Founding Fathers made residuary provisions in Article 248 of the Constitution and Entry 97 of the Union List. Hence, statement 3 is incorrect.
    • The residuary powers of legislation are vested in Parliament. Hence, statement 1 is correct.
  • ​In the matter of residuary power, the Constitution of India follows the Constitution of Canada. Hence, statement 2 is incorrect.
  • Under the Government of India Act, 1935 residuary powers were given to the Governor-General. Hence, statement 4 is correct.

Related Questions

Which of the following statements regarding the residuary powers in the Constitution of India are correct
1. Residuary powers have been given to the Union Parliament
2. In the matter of residuary powers the Constitution of India follows the Constitution of Australia
3. The final authority to decide whether a particular matter falls under the residuary power or not is Parliament
4. The Government of India Act, 1935 placed residuary powers in the hands of Governor General
Consider the following statements: 1. Under the Act of 1935, the residuary powers were given to the Governor-General of India. 2. In the United States, the residuary powers are left to the States. 3. In Canada, the residuary powers are vested in the Provinces. Which of the above statements are correct?
Consider the following statements about the residuary powers of the legislations:
1. The Parliament has exclusive power to make any law with respect to any matter not enumerated in List II or List III.
2. State Legislatures have exclusive power to make any law with respect to any matter enumerated in List-II.
3. The Parliament as well as State Legislatures have exclusive power to make any law with respect to any matter not enumerated in List II or List III.
Which of the statements given above is/are correct?
Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?
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