Government of India Act, 1935

Background

• As the growing demands of populace led by Indian leader for constitutional reforms in India intensified with progression in the British Rule, the evolving administrative arrangements put in place by the British paved the way for a more responsible government in India premised on the fact of maximum representation of Indians
• India’s support to Britain in the First World War also aided in British acknowledgement of the need for the inclusion of more Indians in the administration of their own country.
  • This formed the basis of the passing of the Government of India Act, 1935 by the British Parliament
• This legislation was the longest Act passed by the British Parliament after its domination and overtaking of administrative control in India
• The Act was based on the facts and considerations of several experiences and outcomes which, inter alia, include
  • the Simon Commission Report
  • the recommendations of the Round Table Conferences
  • the White Paper published by the British government in 1933 (based on 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 establishment of an All India Federation consisting of provinces and princely states as units.
  • The Act divided the powers between the Centre and units in terms of three lists, Federal List (for Centre containing 59 items), Provincial List (for provinces containing 54 items) and the Concurrent List (for both containing 36 items).
• Residuary powers were given to the Viceroy.
• However, the federation never came into being as the princely states did not join it. But this has formed the basis of Schedule VII of the Constitution of India, 1950 (read with Article 236)
• Provincial Autonomy
  • It abolished diarchy in the provinces and introduced ‘provincial autonomy’ in its place.
    • The provinces were allowed to act as autonomous units of administration in their defined spheres.
    • Moreover, the Act introduced responsible governments in provinces which meant that the governor was required to act with the advice of ministers responsible to the provincial legislature
  • However, the Ministers were not absolutely free in matter of running their departments
    • As the Governors continued to possess a set of overriding powers although such powers were not exercised very often
• Bicameralism
  • The Act introduced bicameralism in six out of eleven 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 assembly (Lower House) with certain restrictions on them
  • Also, the Central Legislature was bicameral, consisting of Federal Assembly and Council of States.
    • The term of the assembly was five years but it could be dissolved earlier also.

• Diarchy at the Centre
  • The Act of 1935 abolished diarchy at the Provincial level and introduced it at the Centre.
    • Consequently, the federal subjects were divided into reserved subjects and transferred subjects
  • Religious affairs, defence, administration of tribal areas and external affairs were included in the reserved subjects.
    • The Transferred subjects were to be administered on the advice of ministers and the number of ministers could not exceed ten.
  • The Governor-General remained over all in charge of both the Reserved and Transferred subjects
    • The idea of diarchy was imposed with the purpose of facilitating better administration and the governor general was appointed to look after and coordinate among the two parts of the government
• Communal/Class Representation
  • The Act further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labourers (workers).
  • Further, under the Act the Muslims got 33 percent (1/3 of the seats) in the Federal Legislature
• Other features
  • It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
  • It provided for the establishment of a Reserve Bank of India to control the regulation of currency and credits of the country.
  • The franchise (voting rights) was extended further 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 two or more provinces.
  • It provided for the establishment of a Federal Court, set up in 1937, which continued to function 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” consisting of seven members who were free from the control of councillors and ministers. The authority directly reported to the Governor-General of India
  • The Act also paved the way for reorganisation of certain parts including the Sindh being carved out of Bombay Presidency, split of Bihar and Orissa and the severance of Burma from India.

Significance of the Act

• The Government of India Act of 1935 marked the second milestone towards a completely responsible government in India after the Act of 1919.
• The Act of 1935 served some useful purposes by the experiment of provincial autonomy, thus we can say that the Government of India Act 1935 marks a point of no return in the history of constitutional development in India.
• The Government of India Act 1935 curtailed the powers concentrated in the hands of the Central Government and distributed it by ensuring that a decentralised form of government takes shape in India
• Separate electorates for women, although they had not asked for it, was quite good for the advancement of women in the decision making process
• This Act was the first attempt to give the provinces an autonomous status by freeing them from external interference
• The Act also holds great importance in the Indian history because it eventually culminated in the fact of the Dominion Status which urged the need for Independence again in the minds of the people

Criticism of the Act

• Numerous ‘safeguards’ and ‘special responsibilities’ of the governor-general worked as brakes in the proper functioning of the Act.
• Ex: Despite Provincial Autonomy, the governor still had extensive powers in provinces
• The extension of the system of communal electorates and representation of various interests promoted separatist tendencies which culminated in partition of India
• The Act provided a rigid constitution with no possibility of internal growth. Right of amendment was reserved with the British Parliament
• A close reading of the Act reveals that the British Government equipped itself with the legal instruments to take back total control at any time they considered this to be desirable.
  • This was evident in the way the powers in defence and external affairs necessarily, as matters stood, given to the governor-general limited the scope of ministerial activity, and the measure of representation given to the rulers of the Indian States negated the possibility of even the beginnings of democratic control
• The Federal portion was to go into effect only when half the States by weight agreed to federate.
  • This never happened, and the Federation’s establishment was indefinitely postponed after the outbreak of the Second World War.
• As a result, the 1935 Act was condemned by nearly all sections and unanimously rejected by the Congress
  • The Congress demanded, instead, the convening of a Constituent Assembly elected on the basis of adult franchise to frame a constitution for independent India
• Further, Nehru called it “a machine with strong brakes but no engine”. He also called it a “Charter of Slavery”

Conclusion

• On the whole, the British introduced this Act to win the support of modern nationalist and with the aim of maintaining continuity in their rule over the dominion of India
• But the Act proved largely to be disappointing because it did not hold out assurance about granting Dominion Status, not did it consider sympathetically the feelings and urges of politically conscious Indian populace
• In spite of the drawbacks, the Act had its own significance for this Act provided a basis for negotiation between Britishers and Indians for getting independence.
• Also, the Government of India Act 1935, however, had introduced several features which later formed the nucleus of the present Constitution.
• Thus, the Government of India Act 1935 marks, in fact, a watershed moment in the Constitutional history of India