Government of India Act, 1935

The Government of India Act, 1935, was a comprehensive legislative framework that aimed to grant more autonomy to Indian provinces while maintaining British control over the central government. It is significant as it introduced key constitutional reforms, including provincial autonomy and the establishment of a federal structure, which later influenced India’s post-independence Constitution. This article aims to study in detail the provisions, features, and impact of the Government of India Act, 1935, on India’s constitutional history.

About Government of India Act, 1935

• The Government of India Act of 1935 was a landmark piece of legislation passed by the British Parliament.
• It was introduced in response to the failure of the three Round Table Conferences and the need for constitutional reform in India.
• In March 1933, the British Government set up a committee with 20 representatives from British India and seven from Indian States to draft the provisions of the Act.
• After numerous meetings between 1933 and 1934, the committee submitted its report, which led to the bill’s eventual passing in February 1935.
• The Act received royal assent on July 24, 1935, and became effective on April 1, 1937.
• At the time, it was the longest Act ever passed by the British Parliament, comprising 32 sections, 14 parts, and ten schedules.

Key Provisions of Government of India Act, 1935

Federal System

• The Government of India Act of 1935, introduced a federal system at the centre, aimed at dividing powers between the central government and the provinces.
• The federal system was meant to be a compromise, offering more autonomy to the provinces, but its success could have been improved.

Provincial Autonomy

• The Act abolished the dyarchy system introduced by the Government of India Act of 1919, and replaced it with full provincial autonomy.
• Provinces were granted freedom from external control, allowing them to legislate on various matters. The Council of Ministers in each province was entrusted with managing all provincial subjects except for those reserved for the Governor.
• The division of powers between the central government and the provinces was outlined in three lists:
  • Federal List (59 items)
  • Provincial List (54 items)
  • Concurrent List (36 items)
• The Governor retained residual powers in certain areas, especially regarding the appointment of ministers and handling deadlock situations.

All India Federation

• The Act proposed the creation of a Federation of India, which was meant to include both British India and the princely states.
• However, the princely states were given the choice to join the Federation or remain independent.
• A state could join the Federation only if it executed an Instrument of Accession, but the establishment of the Federation never materialised due to opposition from the rulers of the princely states.
• The onset of World War II further delayed any progress on this front.

Dyarchy at the Centre

• The Act introduced a system of dyarchy at the center, dividing federal subjects into “Transferred” and “Reserved” categories.
• The Governor-General, representing the British Crown, was to exercise authority over the reserved subjects, which included matters like defense, foreign affairs, and ecclesiastical issues.
• The transferred subjects were managed by the Council of Ministers.
• The Governor-General had extensive powers, and no finance bill could be presented to the central legislature without the consent of the Governor-General.
• This reinforced the central role of the British Crown in India’s governance.

Bicameral Legislature

• The Act established a bicameral legislature at the center, consisting of:
  • The Federal Assembly (Lower House)
  • The Council of States (Upper House)
• The princely states were allocated seats in the legislature, with 104 members to the Council of States and 125 to the Federal Assembly.
• However, elections to the Federal Assembly were indirect, while the Council of States had direct elections.
• The legislatures of six provinces—Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces—were made bicameral, while the rest remained unicameral.

Safeguards and Reservations

• The Act provided for separate representation for various religious and social communities, including Sikhs, Muslims, Anglo-Indians, Europeans, and Indian Christians.
• It also reserved seats for Scheduled Castes and other categories such as industries, mining, labor, and landholders.
• This system of communal representation was a controversial feature and drew criticism for reinforcing divisions.

Establishment of a Federal Court

• A Federal Court was established to interpret the Constitution and resolve disputes between provinces and the central government.
• It began functioning in 1937, marking a significant step in the institutional development of India’s judiciary.

Federal Railway Authority

• The Act also created the Federal Railway Authority, which was responsible for the management of the Indian Railways.
• This body was to be independent and not under the control of the Council of Ministers or the central government.

Reorganization of Provinces

The Act led to the reorganisation of certain provinces:

• Sindh was separated from Bombay.
• Bihar and Odisha were created as separate provinces.
• Burma was completely dissociated from India and became a separate colony in 1937.
• Aden was also separated from India and established as a separate colony.

Additionally, the Indian Council, established by the Government of India Act of 1858, was abolished, and its functions were transferred to advisers to the Secretary of State.

Evaluation of Government of India Act, 1935

• Despite introducing certain reforms, the Government of India Act, 1935, has been criticised for its limitations.
• It was primarily designed to ensure British control over India’s governance, with the ultimate authority resting with the British Crown.
• The Act did not include provisions for fundamental rights or a bill of rights, which was a significant omission compared to other contemporary constitutions.
• The communal representation system introduced by the Act further deepened divisions within Indian society, and various groups, including the Indian National Congress and the Muslim League rejected the Federal Scheme.
• The Congress criticised the Act for failing to provide for the automatic growth of self-government. At the same time, the Muslim League described the Federal Scheme as a ploy to withhold responsibility at the centre.
• The Act, however, marked an important step in developing India’s constitutional history.
• While it was not a fully autonomous system, it set the stage for the constitutional reforms that followed, especially regarding provincial autonomy and establishing a bicameral legislature.
• The features introduced in the Act, such as the division of powers between the center and the provinces, the establishment of a Federal Court, and the provision for communal representation, laid the groundwork for India’s future constitution.

Conclusion

In conclusion, the Government of India Act, 1935, represented a step toward constitutional reform in India but fell short of meeting the demands for full self-rule. Despite its limitations, it played a crucial role in shaping the constitutional framework that would eventually lead to the creation of independent India in 1947.

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