Government of India Act, 1935

Background

The formulation of the Government of India Act, 1935 lies in the Third Round Table Conference met in London in November 1932. Even this term of conference was held without the participation of Congress leaders. The discussions carried out in it ultimately led to the formation of this act.

Introduction

The Government of India Act, 1935 was one of the lengthiest Acts at that time as it contained 321 sections and 10 schedules. Once the act was passed the government saw that it was too lengthy to be regulated with efficiency and thus, the government decided to divide it into two parts for the act to function in a proper manner:

1. The Government of India Act, 1935
2. The Government of Burma Act,1935

Sources

The origin of the act lies in the sources like the Simon Commission Report. The three roundtable conferences etc., which were earlier decline by the government. The Act proposed various amendments in context to the act earlier framed in the year 1919, i.e. the Government of India Act, 1919. The provisions and the material for the act were mainly derive from the Nehru Report, Lothian report, Simon Commission Report, the White papers, the Joint Selection Commission Report to form the act.

Features of the Act

Its main provisions were as follows:

• An All India Federation

It was to comprise all British Indian provinces, all chief commissioner’s provinces, and the Indian states (princely states).

Since there were conditions that were not fulfilled because of the structure of this propose federation, so, the Central government carry on up to 1946 as per the provisions of the Government of India, 1919. 

• Federal Level

(A) Executive

(i) The governor-general was the focal point of the entire Constitution.

(ii) There was a division of subjects into transferred and reserved subjects. Reserved subjects—foreign affairs, defense, tribal areas, and ecclesiastical affairs—were to be exclusively administer by the governor-general on the advice of executive councilors. While, transferr subjects include all other subjects and were to be administer by the governor-general on the advice of ministers elect by the legislature.

Special powers and responsibilities were also given to the Governor-general, for the security and tranquility of India.

(B) Legislature

(i) There evolved a concept of bicameral legislature that was to have an upper house (Council of States) and a lower house (Federal Assembly).

(ii) The Council of States was to be a 260-member house, partly directly elect from British Indian provinces and partly (40 percent) nominate by the princes, while, The Federal Assembly was to be a 375-member house, partly indirectly elect from British Indian provinces and partly (one-third) nominate by the princes.

(iii) The three lists for legislation purposes were to be federal, provincial, and concurrent.

(iv) Governor-general also had certain residuary powers.

(v) The system of religion-based and class-based electorates was further extended.

• Provincial Autonomy

(i) Provincial autonomy replaced dyarchy.

(ii) Provinces were granted autonomy and separate legal identity.

(iii) Provinces were freed from “the superintendence, direction” of the secretary of state and governor-general. Provinces henceforth derived their legal authority directly from the British Crown.

(iv) Provinces were given independent financial powers and resources. Provincial governments could borrow money on their security.

(A) Executive

(i) Governor was to be the Crown’s nominee and representative to exercise authority on the king’s behalf in a province.

(ii) Governor was to have special powers regarding minorities, rights of civil servants, law and order, British business interests, partially excluded areas, princely states, etc.

(iii) Governor could take over and indefinitely run administration.

(B) Legislature:

(i) Separate electorates based on Communal Award were to be operational.

(ii) All members were to be directly elect. Franchise was extend; women got the right on the same basis as men.

Importance of the Act

The act holds the importance in the history of  India and are stated below:

• The introduction of this act mark a full stop at the dyarchy system at the provincial level, and was allow to at the Central government.
• The division of the federal subjects into 2 subjects was rather significant.
• It leads to the Relationship of a Dominion Status which urged the need for Independence again in the minds of the people which made it of utmost importance.
• The main provision of this act was to make the Governor-General the focus of the Constitution of India, as well as, to settle disputes of British India.

Pitfalls of the Act

• Numerous ‘safeguards’ and ‘special responsibilities’ of the governor-general worked as brakes in the proper functioning of the Act.
•  In provinces, the governor still had extensive powers.
• The Act enfranchised 14 percent of the British Indian population.
• The extension of the system of communal electorates and representation of various interests promoted separatist tendencies which culminated in the partition of India.
• The Act provided a rigid constitution with no possibility of internal growth. The right of amendment to reserve with the British Parliament.

Conclusion

The Government of India Act, 1935 is consider to be a major step in the development of getting independence from the British. Though, a total failure as it was not able to fulfill what was proposal; still categorize a milestone in demanding the convening of the Constituent Assembly to be elect base on adult franchise in order to frame a constitution for India.