Government of India Act of 1935

The British came to India in the 1600s primarily for trade. The East India Company came by with a special right to trade in India, which was granted to the company by Queen Elizabeth I.

The British East India Company ruled over Indians for over 200 long years before the Indians were granted Independence in August 1947.

The independence of India necessitated the formation of a constitution, which would guide the government’s functioning. Today, this constitution is the source of justice for the common man.

Although the foundation of the Indian constitution was laid down after its independence, it still had various features adapted from the British Constitution.

Rule of the crown

The Indian Constitution borrowed heavily from the British constitution. This is broadly explained within two categories. Namely:

• The Rule of the Company
• The Rule of the Crown

Various acts were brought forth, and many amendments were made, after which our constitution finally came into existence. The acts under the Company’s Rule were:

• Act of 1773 called the Regulating Act
• Act of 1781- the Amending Act
• The Act of 1784- the Pitt’s India Act
• The Charter Acts-1793, 1813, 1833, 1853

The acts under Crown Rule constituted:

• Government of India Act 1858
• Act of Indian Councils- 1861, 1892, 1909
• Government of India Act 1919
• Government of India Act 1935
• Independence Act of India 1947

Features of the Indian Act of 1935

The adaptation of the Indian Government act of 1935 was taken from the British and was one of the lengthiest documents that our constitution had. It consisted of 10 schedules along with 321 sections. Below are some of its features:

1. It led to the establishment of a federal system of the Indian Government.
2. It divided the powers between the centre and the states or provinces. 
3. Certain powers lie only with the centre, while the others lie only with the states. However, there were powers that lay with both the centre and the states. 
4. There were 36 common powers. 
5. It led to the abolishment of independent authorities in the states. Though the provinces could act as an independent authority within their acquired areas, the centre had a ruling authority over them.
6. The Governor was the ruling authority in the states. This continued in 1937 but was abolished in 1939.
7. It proposed diarchy, but the states rejected this, as they refused to be ruled over.
8. It also introduced the concept of having two chambers within the state. One was termed the Upper house, and the other the Lower house. However, the houses were to work under many restrictions.
9. The states where these houses came into play were Madras, Bombay, Bengal and others.
10. There was a feature of representation of people in the community. It meant separate electorates were to be made for the scheduled castes, workers and women.
11. The secretary of the state of India was to be appointed by a team of advisors.
12. It also included voting; about 10% of the country’s population had the right to vote.
13. It also gave a feature for the control of the flow of currency in the country. A reserve bank was to be established for the same. 
14. The Act of 1935 led to the foundation of the federal court, which came into existence in 1937.
15. It also wished to establish separate public commissions at both the central and state levels.
16. The federal court established by this Act was the working court until the Supreme court came into existence. It had a judge accompanied by eight judges at maximum.
17. The Act also proposed Railways and gave its authority to Federal railways. The authority of Federal Railways lay under the Governor General of India and was not answerable to any other power.

It served as a milestone and paved the way for a responsible form of government in India. It was the last constitution given to India by the British before the country gained independence in 1947.

It worked great for women as they got a separate electorate and hence a major role in the decision-making powers. It paved the way for the Independence of India and the formation of the constitution thereafter.

Defects in the Act of 1935

• It provided no solution in the matters of defence.
• It gave no clear solution for which India had been struggling for independence.
• It spoke nothing in regards to the fundamental rights of the Indian population.
• Even though the British assured Dominion status to India, they did not actually grant powers to the Indians.
• The British still held power to govern as they pleased.
• Not transferring the powers to Indians led to the denial of the Act from both the Indian National Congress and the Muslim league.

Conclusion

The Government of India Act of 1935 converted the government form of India into a federal form. The powers of the central and state were separated, and the state would run under the central government. This feature was strongly opposed for fear that the states would become slaves to the centre and the states’ powers reduced. Nevertheless, the Act became the basis for negotiation between the Indians and the British for independence.

Furthermore, the Act did not speak of the defence which was an integral part of national security nor about the rights of the people of the country. Also, voting rights were limited to only 10% of the population, not making the government democratic.