Government of India Act 1935

Introduction

As the growing demands of people led by Indian leaders for constitutional reforms in India intensified with progression in British Rule, the evolving administrative arrangements put in place by the British paved the way for a more accountable government in India premised on the fact of maximum representation of Indians. India’s aid to Britain in the First World War also aided in British acknowledgement of the need for the inclusion of more Indians in the management of their own country. This formed the basis of the passing of the Government of India Act, 1935 by the British Parliament. This Act was the longest Act passed by the British Parliament after its domination and overtaking of administrative control in India. The Act was primarily based on the statistics and concerns of several reviews and outcomes which, inter alia, encompass;

• the Simon Commission Report,
• the guidelines of the Round Table Conferences,
• the White Paper published by the British government in 1933 (based totally at the Third Round Table Conference,
• the Report of the Joint Select Committees.

Salient Features of the Government of India Act, 1935

• All India Federation

• • • It provided for the established order of an All India Federation which includes provinces and princely states.
    • The Act divided the powers between the Centre and provinces in terms of 3 lists, Federal List (for Centre containing 59 subjects), Provincial List (for provinces containing 54 subjects) and the Concurrent List (for each containing 36 subjects).

• Residuary powers were given to the Viceroy

• • • However, the federation in no way came into being because the princely states did not be part of it. But this has formed the premise of Schedule VII of the Constitution of India, 1950 (read with Article 236)

• Provincial Autonomy

• • • It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place.
    • The provinces were allowed to behave as autonomous units of administration in their defined spheres.
    • Moreover, the Act delivered responsible governments in provinces which supposed that the governor was required to behave with the recommendation of ministers responsible to the provincial legislature.
    • However, the Ministers had not been really free in the matter of running their departments.
    • As the Governors continued to possess a fixed of overriding powers despite the fact that such powers had been not exercised very frequently.

• Bicameralism

• • • The Act added bicameralism in 6 out of 11 provinces.
    • Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (Upper House) and a legislative meeting (Lower House) with positive regulations on them
    • Also, the Central Legislature was bicameral, including the Federal Assembly and Council of States.
    • The term of the assembly was 5 years however it was able to be dissolved earlier also.

• Diarchy at the Centre

• • • The Act of 1935 abolished dyarchy on the Provincial stage and brought it to the Centre.
    • Consequently, the federal subjects were divided into reserved subjects and transferred subjects.
    • Religious affairs, defence, administration of tribal regions and external affairs were included within the reserved subjects.
    • The Transferred subjects had to be administered on the advice of ministers and the wide variety of ministers could not exceed 10.
    • The Governor-General remained overall in charge of both the Reserved and Transferred subjects.
    • The concept of diarchy was imposed with the reason of facilitating better management and the governor was appointed to look after and coordinate a number of the  elements of the government.

• Communal/Class Representation

• • • The Act further extended the principle of communal illustration by offering separate electorates for depressed training (scheduled castes), women and labourers (people).
    • Further, beneath the Act the Muslims got 33 percent (1/3 of the seats) in the Federal Legislature.

• Other provisions

• • It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was given a council of advisors.
  • It provided for the status quo of a Reserve Bank of India to control the regulation of currency and credit of the country.
  • The franchise (vote casting rights) was prolonged similarly from 3% to 14% of the total population.
  • It provided for the establishment of not only a Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission for 2 or more provinces.
  • It provided for the established order of a Federal Court, set up in 1937, which continued to be characteristic till the establishment of the Supreme Court of India after the attainment of independence (1950).
  • This Act gave the authority and command of the railways in India in the hands of a newly established authority called “Federal Railway” which includes seven participants who were free from the control of councillors and ministers. The authority immediately pronounced to the Governor-General of India
  • The Act also paved the way for reorganisation of certain parts such as the Sindh being carved out of Bombay Presidency, separation of Bihar and Orissa and the separation of Burma from India.

Significance of the Act

• The Government of India Act of 1935 marked the second one milestone in the direction of a very responsible government in India after the Act of 1919.
• The Act of 1935 served some beneficial purposes by the experiment of provincial autonomy, for that reason we will say that the Government of India Act 1935 marks a point of no return within the history of constitutional improvement in India.
• The Government of India Act 1935 curtailed the powers focused in the palms of the Central Government and distributed it via making sure that a decentralised form of presidency takes form in India
• Separate electorates for girls, although that they had now not requested for it, was quite suitable for the advancement of girls in the decision making process
• This Act became the primary attempt to supply the provinces an autonomous reputation through liberating them from external interference.
• The Act also holds incredible significance within Indian history as it in the end culminated in the fact of the Dominion Status which advised the need for Independence once more in the minds of the people.

Criticism of the Act

• Numerous ‘safeguards’ and ‘special duties’ of the governor-general worked as brakes within the proper functioning of the Act.
  • Ex: Despite Provincial Autonomy, the governor still had sizeable powers in provinces
• The extension of the machine of communal electorates and representation of numerous pursuits promoted separatist inclinations which culminated in partition of India
• The Act provided a rigid charter with no opportunity of internal increase. Right of modification become reserved with the British Parliament
• A close reading of the Act reveals that the British Government equipped itself with the prison contraptions to take lower back general control at any time they considered this to be appropriate.
• This was evident in the way the powers in defence and outside affairs necessarily, as subjects stood, given to the governor-standard restricted the scope of ministerial interest, and the measure of illustration given to the rulers of the Indian States negated the opportunity of even the beginnings of democratic control.

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