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Tuesday, 10 July 2018

The Government of India Act, 1935 vested the residuary power in the

  By GK Planet Team       Tuesday, 10 July 2018
Q. The Government of India Act, 1935 vested the residuary power in the :
  1. British Parliament
  2. Federal Legislature
  3. State Legislature
  4. Governor - General
Answer: Governor- General
The Government of India Act, 1935 vested the residuary power in the Governor General.

Government of India Act, 1935 

The Government of India Act, 1935 was passed by British Parliament in August 1935. With 321 sections and 10 schedules, this was the longest act passed by British Parliament so far and was later split into two parts viz. The government of India Act, 1935 and Government of Burma Act, 1935.
The Government of India Act, 1935 derived material from four key sources viz. Report of the Simon Commission, discussions at the Third Round Table Conference, the White Paper of 1933 and the reports of the Joint select committees. This act ended the system of dyarchy introduced by the Government of India Act, 1919 and provided for the establishment of a Federation of India to be made up of provinces of British India and some or all of the Princely states. However, the federation never came into being as the required number of princely states did not join it.
Salient Features of the Government of India Act 1935 were as follows:
1.    Abolition of provincial dyarchy and introduction of dyarchy at centre.
2.    Abolition of Indian Council and introduction of an advisory body in its place.
3.    Provision for an All India Federation with British India territories and princely states.
4.    Elaborate safeguards and protective instruments for minorities.
5.    Supremacy of British Parliament.
6.    Increase in size of legislatures, extension of franchise, division of subjects into three lists and retention of communal electorate.
7.    Separation of Burma from India
Under this act, the executive authority of the centre was vested in the Governor General on behalf of the Crown. The federal subjects were divided into two fold categories of Reserved and Transferred subjects. The Reserved list comprised of subjects such as administration of defence, external affairs, ecclesiastical affairs and matters related to tribal areas. These subjects were to administered by Governor-General in his discretion with the help of three counsellors appointed by him. They were not responsible to legislative.
The administration of the transferred subjects was to be done by Governor General on advice of the Council of Ministers whose number could not exceed 10. The council of ministers had to command the confidence of legislature. However, the Governor General could act on contrary to the advice of the Council of Ministers if any of his ‘special responsibilities’ was involved in such act. However, in that case {when an act involved special responsibilities}, the Governor General would work under the control and direction of the Secretary of State.
Further, the Governor General was also responsible for the coordination of work between the two wings and for encouraging joint deliberations between the counsellors and the ministers.
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