Government of India Act, 1935
Background:
- Growing demands of Indian leaders for constitutional reforms in India.
- Acknowledgement by the British of the need for more Indians in the administration of their own country after India's support in the First World War.
- Passage of the Government of India Act, 1935 by the British Parliament.
- Longest Act passed by the British Parliament after their takeover of administrative control in India.
- Based on several experiences and outcomes, including the Simon Commission Report, recommendations of the Round Table Conferences, the White Paper published by the British government in 1933, and the Report of the Joint Select Committees.
Salient Features of the Government of India Act, 1935:
All India Federation:
- It led to formation of an All India Federation which consists of provinces and princely states as units.
There was Division of powers between the Centre and units in terms of three lists:
- Federal List, Provincial List, and Concurrent List.
- Residuary powers given to the Viceroy.
- Federation never came into being as the princely states did not join it, but formed the basis of Schedule VII of the Constitution of India, 1950 (read with Article 236)
Provincial Autonomy:
- Abolition of diarchy in the provinces and introduction of "provincial autonomy".
- Provinces allowed to act as autonomous units of administration in their defined spheres.
- Introduction of responsible governments in provinces where the governor was required to act with the advice of ministers responsible to the provincial legislature.
- Governors continued to possess a set of overriding powers although such powers were not exercised very often
Bicameralism:
- Introduction of bicameralism in six out of eleven provinces: Bengal, Bombay, Madras, Bihar, Assam and the United Provinces.
- Legislatures made bicameral consisting of a legislative council (Upper House) and a legislative assembly (Lower House) with certain restrictions on them.
- There was Bicameral structure in Central Legislature which consisted Federal Assembly and Council of States.
- Term of the assembly was five years but there was important point that it could be dissolved earlier also
Diarchy at the Centre:
- Abolition of diarchy at the Provincial level and introduction of it at the Centre.
- There was division of Federal subjects into reserved subjects and transferred subjects.
- Reserved subjects included religious affairs, defence, administration of tribal areas and external affairs.
- Transferred subjects to be administered on the advice of ministers and the number of ministers could not exceed ten.
- Governor-General was overall in charge of both the Reserved and Transferred subjects.
- Diarchy imposed with the purpose of facilitating better administration and the governor general was appointed to look after and coordinate among the two parts of the government
Communal/Class Representation:
- Extension of principle of communal representation by providing separate electorates for different sections like depressed classes (scheduled castes), women and labourers (workers).
- Muslims got 33 percent (1/3 of the seats) in the Federal Legislature.
Other features of the Government of India Act, 1935 include:
- The Act established a Federal Court in India, which started functioning in 1937 until the establishment of the Supreme Court of India in 1950.
- The Act also led to the reorganization of certain parts, including the establishment of Sindh as a separate province, the split of Bihar and Orissa, and the separation of Burma from India.
- The Act extended the franchise (voting rights) further, from 3% to 14% of the total population.
- The Act established the Reserve Bank of India to regulate the currency and credits of the country.
- The Act abolished the Council of India, which was established by the Government of India Act of 1858. Instead, the Secretary of State for India was provided with a team of advisors.
- The Act provided for the establishment of not only a Federal Public Service Commission but also Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
- The Act gave the authority and command of the railways in India to a newly established authority called the "Federal Railway," consisting of seven members who were free from the control of councillors and ministers. This authority directly reported to the Governor-General of India.
Drawbacks of Government of India Act, 1935:
Failure to address the demand for complete independence:
- The Act failed to address the growing demand for complete independence and was viewed by many Indian leaders as a half-hearted measure.
Communal Representation:
- The Act further extended the principle of communal representation which was widely criticized as it strengthened the division of the Indian society on the basis of religion, caste and class.
Failure of All India Federation:
- There was provision of establishment of an All India Federation consisting of provinces and princely states as units. However, it failed to establish the federation as the princely states did not join it.
Limited powers of Provincial Governments:
- Although the Act introduced responsible governments in provinces, the Governors continued to possess a set of overriding powers and the ministers were not completely free in running their departments.
Impact of Government of India Act, 1935:
Significant step towards Indian self-rule:
- The Act was a significant step towards Indian self-rule as it introduced responsible governments in provinces and gave more powers to the Indian legislators.
Increased political awareness:
- The Act increased political awareness among the Indian masses and paved the way for further political reforms.
Failure of communal representation:
- The communal representation introduced by the Act was widely criticized and eventually led to the demand for a united and secular India.
Precedent for future constitutional reforms:
- The Act provided a precedent for future constitutional reforms in India and formed the basis of the Indian Constitution of 1950.