Question

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?

1. 1 and 2
2. 2 and 3
3.  and 3
4. 1, 2 and 3

Answer 1

Correct Answer - Option 1 : 1 and 2

The correct answer is 1 and 2.

• Under the Act of 1935, the residuary powers were given to the Governor-General of India.
• In the United States, the residuary powers are left to the States.
• Hence 1 and 2 are the correct statements.
• In Canada, the residuary powers are vested with the federal government.
• Hence the statement 3 is not correct.

 

• Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited nor explicitly given by law to any organ of government.
• Such powers, as well as a general power of competence, are given because it is impractical to detail in legislation every act allowed to be carried out by the state.
• Reserved powers are given to different branches of the government in different countries.
• In Canada, the reserved powers lie with the federal government.
• In the United States, the Tenth Amendment of the US Constitution states that any power not explicitly granted to the Federal government of the United States is granted solely to the states.