Government of India Act, 1935

The Government of India Act was approved by the British parliament on 24 july 1935 and came into effect on 1 April 1937. It was based on Lord Linlithgow’s Joint Select Committee’s report. The data came from the Joint Committee’s analysis of the British government’s ‘White Paper,’ a constitutional reform programme produced immediately after the Round Table conferences held between 1930 -1932.

It was the most expansive Act of the British Parliament until the Greater London Authority Act of 1999. The administrative features are influenced by the Government of India Act 1935 and the Indian Constitution.

Key features of the Act

The establishment of a ‘Federation of India’ with two levels of government: a central executive and parliament, along with provinces and princely states were undertaken under this Act. Some of the key features include –

• It removed the “dyarchy” system at the provincial level, allowing democratically elected provincial legislatures to be formed, and implemented it at the federal level

• The Federal List was separated into two categories: Reserved and Transferred
• The Governor-General was in charge of the reserved topics, which he handled with the support of three advisers he chose. They didn’t have to answer to the lawmakers. Defence, religious affairs (church-related), external affairs, press, police, taxation, justice, power resources, and tribal affairs were among the topics covered
• The Governor-General and his Council of Ministers were in charge of the transferred subjects (not more than 10). The Council has to act in the legislature’s best interests. Local governance, forests, education, and health were among the topics included in this list
• The Governor-General, on the other hand, had “special powers” to intervene in the transferred subjects as well

• Creation of Federal Court

• In Delhi, a federal court was established to settle conflicts between provinces as well as between the centre and the provinces
• It was to have one Chief Justice and a maximum of six judges

• Franchise 

• • The franchise was increased from 3% to 14% of the total population

• For the first time in India, this Act established direct elections

• Reorganisation

• From the Bombay Presidency, Sindh emerged

• The states of Bihar and Orissa were separated

• Burma was cut off from the rest of India

• Aden was set up as a Crown colony  after being separated from India

• The Reserve Bank of India was founded to manage India’s currency and credit
• The Federal Public Service Commission, Provincial Public Service Commission, and Joint Public Service Commission were established for two or more provinces

Besides the National Liberal Federation, Indian political parties also opposed the Government of India Act of 1935. It was dubbed a “slave constitution” by the Indian National Congress intended to “strengthen and perpetuate India’s economic bondage.” On the other hand, Congress encouraged its members to run in the Act’s elections, win seats in provincial legislatures, and then seek to undermine the Act.

Drawbacks of Government of India Act 1935

1. Government of India Act: Formation of All India Federation

• By granting the Princely States 1/3rd representation in the envisaged Federal Assembly based on the nomination, the British shrewdly wanted to have their say in the Assembly through “committed princes.” This charade was exposed by Congress and never implemented

2. Government of India Act: Failure At the Federal Level

• The system of religion-based and class-based electorates was bolstered, fuelling separatist sentiments
• The Governor-General was advised by an executive councillor who was not accountable to the Central Legislature on foreign affairs, defence, tribal lands, and ecclesiastical affairs
• The Governor-General retained residuary rights to override decisions made by the Central Legislature, such as restoring grant cuts, certifying bills rejected by the Assembly, and so on

3.Government of India Act: Failure At the Provincial Level

The Government of India 1935 Act allegedly attempted to offer provinces autonomy by deriving the Governor’s legal authority from the British Crown. However, the following were the defects of Government of India Act 1935:

• The Governor had many special powers over minorities, civil workers’ rights, and the ability to take over and run the administration in “exceptional circumstances”
• It was evident that under the Government of India Act 1935, it was entirely possible that 40% of the budget would not be voted on

4. Government of India Act 1935: Failure At the Constitutional Level

It established an extremely rigid constitution with amending powers reserved for the British Parliament, depriving Indians of any appearance of self-determination. The Government of India 1935 Act, in the words of Jawaharlal Nehru, “supplied a car with all brakes and no engines.”

Also see– UPSC Question Paper

Conclusion

The first attempt to offer the autonomy of the provinces was the Government of India Act 1935. Women’s growth in the decision-making process benefited from separate electorates. This Act also proposed the formation of a federal government, which would allow princes to participate in India’s political affairs. The new Act gave the Governors and Governor-General far-reaching powers of discretion. The act lacked a suitable federal structure, leaving the governor-general in charge of the majority of the power.