Government of India Act 1935 - Background, features and Significance

The Government of India Act of 1935 established a federal form of government in India. This act ended the dyarchy introduced by the GOI Act 1919 and provided for the formation of a Federation of India comprised of provinces of British India and some or all of the Princely states.

The History of the Government of India Act (1935)

• The Government of India Act 1919 was unsatisfactory and had insufficient provisions to impose self-government in the country.
• At the time, Indian politicians were frustrated because they believed the area they had officially control over was still in the hands of British officials who had complete control over it.
• So the Simon Commission was tasked with reviewing the situation and making changes.
• When the Simon Commission Report was released, it was clear that the report was unsatisfactory, prompting a consultation with the then-Indian Community Representatives at the Round Table conference in London.
• The Round Table Conferences were a failure because they failed to meet their objectives. However, in 1933, a white paper based on the Round Table Conference recommendations was released, and work on India's constitution began.
• A committee was formed to consider the white paper's recommendations, chaired by Lord Linlithgow, Viceroy of India.
• The committee's report was published in 1934 as part of a bill of law. The bill and the report were both passed by the British Parliament. After receiving Royal Assent, the Act became the Government of India Act 1935.
• The Government of India Act of 1935 established a federal system of government in India.
• The material for the Government of India Act, 1935 was derived from four key sources: the Simon Commission's report, discussions at the Third Round Table Conference, the White Paper of 1933, and the reports of the Joint Select Committees.

The Government of India Act of 1935 - Objective

• This act abolished the dyarchy introduced by the GOI Act 1919 and established a Federation of India comprised of provinces of British India and some or all of the Princely states.
• The federation, however, was never formed because it lacked the necessary number of princely states. 
• The Government of India Act of 1935 called for the formation of an Indian Federation comprised of British India's Governor's and Chief Commissioner's Provinces, as well as any Indian States that voluntarily joined it.

Key Provisions of the Government of India Act (1935)

Federation of India

• The Act created an All-India Federation comprised of both British Indian Provinces and Indian States. The Instrument of Accession outlined the requirements for a state to join the federation.
• The state could choose whether or not to join the federation established by the Government of India Act, 1935.
• According to this act, India would become a federation if 50% of Indian states agreed to join. However, the federation provisions were not implemented because the required number of princely states did not join.

Autonomy of the Provinces

• One redeeming feature of the new Act was that it signalled the start of Provincial Autonomy.
• The provinces were given the authority to act as autonomous administrative units within their defined spheres. In addition, the Act established responsible governments in provinces, requiring the governor to act on the advice of ministers who were accountable to the provincial legislature.
• This was implemented in 1937 and was phased out in 1939. This does not, however, imply that the Act of 1935 established a full-fledged responsible government in the provinces.
• Ministers did not have complete control over the operations of their departments. The Governors retained a variety of veto powers, which were rarely used.

Division of Subjects 

• The approach to forming the federation and implementing provincial autonomy paved the way for the division of subjects between the Centre and the Provinces.
• The subjects divided by the Government of India Act, 1919, were revised and some new subjects were added by this Act of 1935, which included three lists. They were as follows:

• 59 items on the federal list
• 54 items on the provincial list
• 36 items on the concurrent list

• The Federal list included subjects of all-India interest that demanded uniform treatment. Federal laws could only be enacted by the Federal Legislature.
• Subjects of primarily local interest were placed on the Provincial list and, for the purposes of the legislation, were entirely within the jurisdiction of the Provincial Legislatures.
• The third list, known as the Concurrent list, contained 36 items that were primarily of Provincial interest while also requiring uniformity of treatment across the country.
• As a result, the Act gave both the federal and provincial legislatures the authority to pass legislation on specific topics. If there is a disagreement, federal law takes precedence.
• To resolve this point of contention, the Constitution granted the Governor General the authority to legislate on any subject not covered by the lists, either the Centre or the States.

Dyarchy at the Centre

The 1935 Act abolished dyarchy at the provincial level and instituted it at the federal level. Federal subjects were divided into two categories:

Reserved Subjects- The subjects listed in this category of federal subjects were to be administered by the Governor-General based on the advice of the Executive Councillors, and the Executive Council could not have more than three members. The reserved subjects included religious affairs, defence, tribal administration, and external affairs.

Transferred Subjects- This subject was to be administered on the advice of ministers, with a maximum of ten ministers. Transferred Subjects dealt with subjects that were not reserved. The Governor-General maintained overall control over both Reserved and Transferred subjects.

Bicameral legislature

• The Central Legislature was bicameral under the Government of India Act of 1935, consisting of the Federal Assembly and the Council of States.
• The Council of States was to be a permanent upper house with one-third of its members retiring every third year. It was to be made up of 260 members, with 156 representing British India and 104 representing Indian states.
• The Federal Assembly was the lower house, with a five-year term. It was to be composed of 375 members, with 250 representing British India and no more than 125 representing the princely states.
• While nominated members were to fill the seats reserved for princely states, provinces were allotted a different number of seats. It was planned to hold indirect elections to the Federal Assembly. The assembly's term was five years, but it could be terminated sooner if necessary.
• Six of the eleven provinces also adopted bicameralism. As a result, the legislatures of Bengal, Bombay, Madras, Bihar, Assam, and the United Seven Provinces adopted a bicameral structure, with a legislative council (upper chamber) and a legislative assembly (lower chamber) (lower house). They were, however, subject to a number of constraints.

Communal Electorate Retention

• It expanded on the principle of communal representation by creating separate electorates for the poor (scheduled castes), women, and workers (workers). Despite constituting less than one-third of the total population of British India, Muslims received 33 1/3 percent of the seats in the Federal Legislature. Even though they had not requested it, workers and women received separate representation.

The Federal Court

• The Government of India Act of 1935 established a Federal Court to interpret the Act and resolve disputes concerning federal matters.
• The Act created a Federal Court with one Chief Justice and a maximum of eighty-six judges. The Federal Court was established to resolve disputes between the Centre and member Units.
• Appeals from High Courts to the Federal Court and from the Federal Court to the Privy Council were made possible. The Federal Court might also issue Special Leave to Appeal, although such appeals required a certificate from the High Court

Province reorganisation

• The provinces were also restructured or reorganised as a result of this Act. Sindh was established as a separate province from Bombay.
• Another change was the separation of Bihar and Orissa into separate provinces of Bihar and Orissa. As a result of this Act, two new provinces were formed: Sindh and Orissa.

Burma's Separation

The Simon Commission proposed to the Government of India that Burma be separated from India, and this Act accepted that proposal. The Burma Act was passed in 1935, and the country was separated from India two years later, in 1937. The Burma Act proposed a new Burma office with the authority to establish Burma.

Parliamentary supremacy

The 1935 Act was extremely strict. Any Indian legislature, whether federal or temporary, could not change or amend it. The authority to make changes was granted solely to the British Government. The Indian legislature may only request a constitutional amendment by submitting a resolution to the constitution. It was a British parliament imposition on India.

Abolition of the Indian Council of the Secretary of State

• The Council of the Secretary of State for India, established in 1858, was abolished by the Government of India Act of 1935.
• The Secretary of State was to be replaced by advisers. The Secretary of State's control over Transferred Subjects was reduced with the introduction of provincial autonomy.

Federal railway authority

• This Act placed control of the railway in the hands of a new body known as the Federal Railway Authority.
• The members of this body numbered seven, and they were not subject to the jurisdiction of councillors or ministers.The Governor-General received direct reports from the authority. 
• The primary goal of establishing this authority was to reassure British stakeholders that their investment in the railway was secure.

Other Provisions

It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country. It also provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

The significance of the Government of India Act (1935)

• The Government of India Act of 1935 decentralised the power that had previously been concentrated in the hands of the Central Government.
• Despite the fact that they had not requested it, separate electorates for women were beneficial to women's advancement in decision-making. Workers had their own representation, which aided the working class's advancement.
• This Act was the first attempt to grant provinces autonomy by freeing them from outside interference.
• Another reason was that this Act grants more people voting rights than the Government of India Act of 1919.
• This Act also proposed the formation of a federal government that would allow princes to rule.
• The Constitution of India also borrowed the feature that every state should have a Governor who would be elected by the Central Government.
• The Public Service Commission that we see in Article 315 of the Indian Constitution had also been taken from the Government of India Act, 1935.

Conclusion

The Government of India Act (1935) was the first attempt to grant autonomy to the provinces. Women's separate electorates aided their advancement in the decision-making process. 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 vast powers of discretion. The act failed to provide a proper federal structure, and the governor general retained the majority of power.

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