Federal Court

The Government of India Act is an adoption from the British Parliament that came into action in August 1935. The Federal Court was established in the country two years after the introduction of the Government of India Act 1935.

Indian political leaders called for multiple amendments in the pre- independent era.  The British Parliament agreed to assist the Indian political parties in this regard as a return favor to the Indians. The Government of India Act was drafted based on the following principles:

  • In 1928, the British Parliament had sent a law enforcement Commission to India which was headed by Sir John Simon. The Indian statutory commission published its report as a corrective measure against the previously announced Government of India Act that was in action since 1919. This time Indian delegates were to be included in the administrative bodies of both the central government as well as the states. 
  • The suggestions that were finalized in all the three round table meetings are to be referred to for drafting the laws and regulations of the country. 
  • The detailed structure of the working mechanism of the modified Constitution was noted down in the white paper in March 1933. This was the impactful outcome of the final round table conference. 
  • Reports that were published by Joint Committees. 

Specifications of the Government of India Act – 1935

1. Provincial self-government: The Government of India Act delegated autonomy to all the provinces.  Thus, the state legislature became independent and could function without the intervention of the Parliament from now on. Diarchy was also abolished in provinces. Under the diarchy mechanism both the council of political ministers as well as the Executive Council appointed by the British Parliament were accountable for denouncing law and order in the states. The Governor was made the executive leader. The legislature could question the actions of the governor as well as his committee. However, the British Parliament retained the authority of banishing provincial self-government. 

Bicameral Legislatures: This methodology was implemented in the modified federal legislature. The two chambers were referred to as the upper house and the lower house. Simultaneously the Government of India Act enforced the Bicameral legislature in some princely provinces like Bengal, Bombay, Bihar, Madras, and Assam. 

2. Federal Court: As the capital of India got shifted to Delhi in December 1911, it became the center for all key legal affairs. The federal court or the greatest judiciary body of the whole nation was established in Delhi to resolve conflicts that involved two or more provinces. It also resolved disputes between the province and the central government. Initially, it was decided the federal court will be directed by a single Chief Justice. He will be assisted by a bench of 6 judges. 

3.Indian Council: The Council of India which practiced diarchy was overthrown. From now on the state governors would be assisted by an advisory council on framing legal execution. 

4. Adjustment of borders: The Government of India Act awarded an independent identity to the Sindh province in 1935. It was no longer a part of Bombay. Orissa and Bihar were declared as two different states owing to the indigenous population’s cultural differences. Burma was carved out from India. Yemen’s strategic port city of Aden was also severed off from the country. 

Conclusion

The Government of India Act which came into action in 1935 is the result of all three round table conferences. Ultimately the British Parliament agreed to include Indian political leaders in the administrative functions of their nation. This was a hard-earned result for the countrymen who were unhappy with the framework of the previous legislature. The diarchy system could ultimately be ruled out. India stepped away closer to becoming one of the successful republican countries.

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