Which of the following statements regarding the residuary powers in th...
The correct answer is option 'C' - 1 and 4. Let's understand each statement and why it is correct.
1. Residuary powers have been given to the Union Parliament:
According to the Constitution of India, residuary powers belong to the Union Government. These powers are not specifically mentioned in the Union List, State List, or Concurrent List. The residuary powers are those powers that are not explicitly mentioned in any of the lists and therefore, they are vested with the Union Parliament.
2. In the matter of residuary powers, the Constitution of India follows the Constitution of Australia:
This statement is incorrect. The Constitution of India does not follow the Constitution of Australia in terms of residuary powers. In Australia, the residuary powers belong to the states, whereas in India, these powers are given to the Union Parliament.
3. The final authority to decide whether a particular matter falls under the residuary power or not is Parliament:
This statement is incorrect. The final authority to decide whether a particular matter falls under the residuary power or not is the judiciary, specifically the Supreme Court. The Supreme Court has the power to interpret the Constitution and determine the jurisdiction of the Union and the states in matters of residuary powers.
4. The Government of India Act, 1935, placed residuary powers in the hands of the Governor-General:
This statement is correct. The Government of India Act, 1935, which was the constitutional framework before the adoption of the Indian Constitution, provided residuary powers to the Governor-General. The Act stated that the Governor-General would have the power to make laws on matters not enumerated in the Federal or Provincial Lists.
In conclusion, the correct statements are 1 and 4. Residuary powers have been given to the Union Parliament in the Constitution of India, and the Government of India Act, 1935, placed residuary powers in the hands of the Governor-General.