Government of India Act 1935, PDF, Features, Provision & Importance

Table of Contents

Government of India Act 1935

The Government Act of 1935 was completely unsatisfactory and had insufficient provisions for the country to adopt the self-government model. Politicians in India were upset at the time because they believed that the territory they had been given official responsibility over was still completely under the jurisdiction of British officials. The Simon Commission was tasked with reviewing this situation and making adjustments.

When the Simon Commission Report was released, it was evident that the report was unsatisfactory, which prompted discussion with the representatives of the Indian Community at the Round Table conference in London. Due to their inability to achieve their intended outcome, the Round Table Conferences were a failure.

However, work on India’s constitution started in 1933 after a white paper based on the suggestions of the Round Table Conferences was published. The viceroy of India, Lord Linlithgow, was appointed as the committee’s chairman to review the white paper’s proposals.

The committee’s finding, which was included in a bill of law, was released in 1934. The British Parliament approved the report and the bill. The Government of India Act 1935 was put into effect in the nation after receiving the Royal assent. A federal form of government was established for India by the Government of India Act, 1935.

The Third Round Table Conference, the White Paper of 1933, the reports of the Joint Select Committees, and the Simon Commission Report were the four primary sources used to create the 1935 Government of India Act.

Read about: Famous Indian Personalities and their Nicknames

Government of India Act 1935 Objectives

This law abolished the dyarchy established by the GOI Act 1919 and established the Federation of India, which would consist of the provinces of British India and part or all of the Princely states. The union, however, was never established since it lacked the necessary number of princely states.

The Government of India Act of 1935 mandated the creation of an Indian Federation made up of all Indian States that willingly joined it, as well as the Governor’s Provinces and Chief Commissioner’s Provinces in British India. The main goal was to give the Indians the capable government they required. With the aid of this Act, a first-ever attempt was made to reunite and bind the princely states of India to the legal system of the nation. The Act, however, lacked a preamble.

Read about: Governor General of India

Government of India Act 1935

All India Federation

The Act created an All-India Federation that comprised both the Indian States and the British Indian Provinces. The requirements for a state to enter the federation were outlined in the Instrument of Accession. The Government of India Act, 1935 gave each state the option of choosing whether or not to join the federation. In accordance with this law, India would unite into a federation if 50% of its states choose to do so. The federation’s regulations, however, were never put into effect since not enough princely states joined.

Provincial Autonomy

The new Act’s introduction of the Provincial Autonomy was one of its redeeming qualities. The provinces were permitted to function as independent administrative entities within their predetermined areas. The Act also established accountable administrations in the provinces, obligating the governor to follow the council of ministers who answered to the provincial legislature.

This was implemented in 1937 and abandoned in 1939. This does not imply, however, that the Act of 1935 created a fully functional, accountable government in the Provinces. There were limitations to the amount of influence ministers had over their departments. The Governors continued to have a number of veto-wielding abilities, but these were rarely exercised.

Division of Subjects

The strategy for federating the country and establishing provincial autonomy paved the way for the division of responsibilities between the Center and the Provinces. This Act of 1935 revised the Government of India Act, 1919’s subject division and added a few more subjects to it, along with three lists.

Federal list- 59 items
Provincial list- 54 items
Concurrent list- 36 items

The issues that deserved standard treatment and were of relevance to all of India were added to the Federal list. On federal matters, laws could only be made by the Federal Legislature. The Provincial list included topics that were primarily of local concern and that, for the purposes of the legislation, fell entirely under the purview of the Provincial Legislatures. The Concurrent list, the third list, was composed of 36 items and covered topics with a strong provincial focus while also calling for consistency in treatment across the nation.

The Act gave both the federal and provincial legislatures the authority to pass laws on specific subjects. In the case of a conflict, federal law would prevail. The Constitution empowered the Governor General to allocate at his discretion the authority to legislate on any matter, not listed in the lists, to either the Center or the province in order to resolve this point of conflict.

Dyarchy at the Centre

Dyarchy was introduced at the Center by the Act of 1935, which eliminated it at the Provincial level. Federal subjects could be categorized into two groups:

Reserved Subjects: On the advice of the Executive Councillors, the Governor-General was to govern the federal subjects listed in this category, and the Executive Council was only allowed a maximum of three members. The reserved subjects also included the management of tribal lands, defence, and religious matters.
Transferred Subjects: The number of ministers who may advise on this subject was limited to 10, and their number was to be 10. Other than reserved topics, the Transferred Subjects Act applied.

Read about: Finance Ministers of India List

Bicameral Legislature

The Federal Assembly and Council of States made up the bicameral Central Legislature established by the Government of India Act, 1935. A third of the Council of States’ members were supposed to retire every third year. It was intended to be an upper house and a permanent body. It was to be made up of 260 members, 156 of whom were to represent British India and the remaining 104 being from Indian states.

There would be an indirect election for the Federal Assembly. Although it had a five-year term limit, the assembly could be dissolved earlier if necessary. Additionally, bicameralism was enacted in six of the eleven provinces. With a legislative council (upper chamber) and a legislative assembly, the legislatures of Bengal, Bombay, Madras, Bihar, Assam, and the United Seven Provinces all underwent this change (lower house). However, they were bound by a number of limitations.

Retention of Communal Electorate

By establishing separate electorates for the underprivileged classes (scheduled castes), women, and labor, it further expanded the idea of communal representation. Even though they made up much less than one-third of British India’s total population, Muslims received 33 1/3% of the seats in the Federal Legislature. Despite not asking for it, even the workers and women received separate representation.

Read about: Education Ministers of India List

Federal Court

A Federal Court was to be established under the Government of India Act, 1935, to interpret the Act and resolve legal issues involving federal matters. The Act established a Federal Court with no more than 86 judges and one Chief Justice. The Federal Court has been granted exclusive initial jurisdiction to settle disputes between the Centre and its member Units.

It became possible to appeal decisions rendered by High Courts to the Federal Court and by the Federal Court to the Privy Council. However, such appeals required a certificate from the High Court, which the Federal Court could not grant without a certificate from the High Court.

Reorganization of Provinces

The provinces underwent some sort of restructuring or reorganisation as a result of this Act. Sindh was the name of the province that was established after Bombay. The division of Bihar and Orissa into separate provinces under the names of Bihar and Orissa was another action taken. Therefore, this Act created Sindh and Orissa as two new provinces.

Separation of Burma

By passing this Act, the Indian government agreed to the Simon Commission’s recommendation that Burma be separated from India. The Burma Act, which was passed in 1935, was followed by the country’s separation from India two years later, in 1937. A new Burma office with the authority to make Burma a separate colony was proposed by the Burma Act.

Supremacy of the Parliament

The 1935 Act had many restrictions. No Indian legislative, whether federal or temporary, could alter or amend it. The exclusive authority to make changes was given to the British Government. The Indian legislature may, at most, request a constitutional revision by submitting a resolution to it. It was a requirement that the British parliament placed on India.

Abolition of the Indian Council of the Secretary of State

The Council of the Secretary of State for India was disbanded by the Government of India Act of 1935. In its place, the Secretary of State was to have advisors. Provincial autonomy significantly reduced the Secretary of State’s ability to control transferred subjects. But the Governor General’s and Governors’ powers remained under his control.

Federal Railway Authority

This Act established the Federal Railway Authority as a new entity with authority over the railway. This body had seven members, and neither councilors nor ministers had any authority over them. Direct reports from the authority were given to the governor general. This authority was primarily created to reassure British stakeholders that their investment in the railway was secure.

Other Provisions

It called for the creation of a Reserve Bank of India to oversee the nation’s currency and credit. Additionally, it allowed for the creation of joint public service commission’s for two or more provinces as well as provincial and federal public service commissions. The growth of women in the political process benefited from separate female electorates.

Read about: Regulating Act of 1773

The Government of India Act 1935 Importance

The Government of India Act of 1935 divided the formerly concentrated power among the decentralised form of government and reduced it in the hands of the Central Government. Despite the fact that they had not demanded it, women’s advancement in the decision-making process benefited from having separate electorates. Additionally, workers had their own representation, which promoted the advancement of the working class.

The first attempt to grant the provinces an autonomous status by shielding them from outside meddling was this Act. Another justification is that this Act grants more individuals the right to vote than did the Government of India Act of 1919. This Act also proposed the creation of a federal government that would permit princes to take part in political activities in India.

Additionally, the qualities of the Government of India Act that were appropriate for a free India were taken into consideration when drafting the Indian Constitution. The Indian Constitution also adopted the requirement that every state have a governor who is chosen by the federal government. The Government of India Act, 1935, also served as the source for the Public Service Commission that appears in Article 315 of the Indian Constitution.

Read about: Attorney General of India

Government of India Act 1935 UPSC FAQs

Q) What did the Government of India Act 1935 do?

Ans. The following are some of the features of this act: It called for the creation of all-Indian federations with units made up of provinces and princely states. The statute split the authorities between the centre and the units into three lists: the concurrent list, the federal list, and the provincial list.

Q) Who described the Government of India Act 1935?

Ans. Jawaharlal Nehru described the “Government of India Act, 1935” as a “new charter of bondage”.

Q) What are the salient features of the Government of India at 1935?

Ans. It provided for the establishment of an All India federation consisting of provinces and princely states as units. It divided the powers between the centre and units in terms of three lists- Federal list, provincial list and the concurrent list.

Q) What was the most important feature of the Government of India Act of 1935?

Ans. The most important feature of the Act was introduction of bicameral legislature. It made an important change that from then onward Secretary of State was to be paid from the British exchequer.

Q) What is the main objective of the 1935 Constitution?

Ans. The 1935 Constitution speaks of our nation’s decision to establish a political order based on democratic principles of representation, accountability, and the rule of law.

Major Incidents in Indian History

Famous Personalities Biography

Mangal Pandey	Maharana Pratap	Rabindranath Tagore	Bhagat Singh
Jyotiba Phule	Satyendra Nath Bose	Raja Ram Mohan Roy	Subhash Chandra Bose