Which of the following statements regarding the residuary powers under

Which of the following statements regarding the residuary powers under the Constitution of India is/are correct ?

Residuary powers have been given to the Union Parliament
In the matter of residuary power, the Constitution of India follows the Constitution of Australia
Schedule 7 of the Constitution of India provides a list of residuary powers
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 :

[amp_mcq option1=”1 and 3″ option2=”2 and 3″ option3=”1 and 4″ option4=”4 only” correct=”option3″]

This question was previously asked in

UPSC CAPF – 2014

Statement 1 and statement 4 are correct. Statement 1 is correct because Article 248 of the Constitution of India vests residuary powers of legislation in the Union Parliament. Statement 4 is correct because Section 104 of the Government of India Act, 1935, placed residuary powers in the hands of the Governor General, who could decide whether a matter fell under federal or provincial legislative lists, or neither, and allocate power accordingly.

Residuary powers in India belong to the Union Parliament. India follows the Canadian model regarding residuary powers. The Government of India Act, 1935, placed these powers with the Governor General.

Statement 2 is incorrect because the Constitution of India follows the Canadian model regarding the distribution of residuary powers, not the Australian model. In Australia, residuary powers lie with the states. Statement 3 is incorrect; Schedule 7 of the Constitution lists the Union List, State List, and Concurrent List, but does not list residuary powers. Residuary powers pertain to subjects not enumerated in any of these lists.

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