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:?

Option 3 : 1 and 4

The correct answer is 1 and 4.

• 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.