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The distribution of powers between the Centre and the States in the Indian Constitution is based on the Scheme provided in the
(UPSC CSE 2012)
  • a)
    Morley-Minto Reforms, 1909
  • b)
    Montagu-Chelmsford Act, 1919
  • c)
    Government of India Act, 1935
  • d)
    Indian Independence Act, 1947
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
The distribution of powers between the Centre and the States in the In...
The Government of India (GoI) Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent. The present Constitution follows the scheme of this act for the distribution
 of powers between the Centre and States 
but with one 
difference, that is, under this act, the residuary powers were given neither to the federal legislature 
nor to the provincial legislature but to the governor-general of India. In this respect, India follows the 
Canadian precedent.
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The distribution of powers between the Centre and the States in the In...
The distribution of powers between the Centre and the States in the Indian Constitution is based on the Scheme provided in the Government of India Act, 1935.

The Government of India Act, 1935 was a significant piece of legislation that laid the framework for the governance of British India until the country gained independence in 1947. It introduced several important provisions regarding the distribution of powers between the Centre (Federal Government) and the States.

Key Features of the Government of India Act, 1935:

1. Federal Structure: The Act introduced a federal structure, dividing powers between the Centre and the States. This was a departure from the previous unitary system.

2. Three Lists: The Act divided legislative powers into three lists:
a) Federal List: Subjects on which only the Federal Government had the power to legislate.
b) Provincial List: Subjects on which only the Provincial Governments had the power to legislate.
c) Concurrent List: Subjects on which both the Federal and Provincial Governments could legislate.

3. Residuary Powers: The Act vested residuary powers (powers not included in any of the three lists) in the hands of the Federal Government. This meant that if a subject was not mentioned in any list, it fell under the jurisdiction of the Centre.

4. Diarchy: The Act introduced a system of diarchy at the provincial level. Certain subjects were placed under the control of the Governor, who was appointed by the British Government, while others were under the control of elected ministers.

5. Provincial Autonomy: The Act provided for the establishment of Provincial Autonomy. The provinces were granted the power to make laws on subjects included in the Provincial List and manage their own affairs.

6. Central Control: Despite the introduction of federalism, the Act also retained significant central control. The Governor-General, appointed by the British Government, had powers to override provincial decisions and legislate on subjects in the Provincial List.

Impact on the Indian Constitution:

When framing the Indian Constitution, the framers drew inspiration from the Government of India Act, 1935, and incorporated several of its provisions regarding the division of powers. The Constitution of India, adopted in 1950, also divides legislative powers between the Centre and the States through three lists - the Union List, the State List, and the Concurrent List.

Therefore, the distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the Government of India Act, 1935. This Act played a crucial role in shaping the federal structure of the Indian government and determining the powers of the Centre and the States.
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