Government of India Act, 1935

At a Glance

• What it is A long British law that proposed an All-India Federation and gave the provinces autonomy
• Importance The second milestone towards a completely responsible government in India
• Size 321 Sections and 10 Schedules
• Three lists Federal (59 items), Provincial (54 items) and Concurrent (36 items)
• Provincial autonomy Dyarchy abolished in the provinces; provincial autonomy from 1937
• The federation Never came into being, because the princely states did not join
• Link to the Constitution The most profound influence and material source of the Indian Constitution
• Exam link UPSC Prelims, Polity: Historical Background

Where Does It Fit in British Rule?

The Government of India Act, 1935 belongs to the Crown Rule (1858-1947). It followed the Government of India Act, 1919, and it was the last major constitutional Act before Independence. It was followed by the Indian Independence Act, 1947.

Why Was the Act Passed?

The Act of 1919 had provided for a statutory commission after ten years. The path from that commission to the Act of 1935 has several steps.

• The Simon Commission: In November 1927, two years before the due date, the British Government appointed a seven-member commission under Sir John Simon. All its members were British, and so all the parties boycotted it. It reported in 1930. It recommended the abolition of dyarchy, the extension of responsible government in the provinces, a federation of British India and the princely states, and the continuation of the communal electorate.
• Round Table Conferences: The British Government held three round table conferences in London, of the representatives of the British Government, British India and the princely states, in 1930 to 1932.
• The Communal Award: In August 1932 the British Prime Minister, Ramsay MacDonald, announced a scheme of representation of minorities. It continued separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans, and it extended them to the depressed classes (Scheduled Castes).
• The Poona Pact: Gandhiji was distressed by this and fasted unto death in Yerawada Jail, Poona. An agreement between the Congress and Dr. B.R. Ambedkar, the leader of the depressed classes, was reached. This Poona Pact kept the Hindu joint electorate and gave reserved seats to the depressed classes. The British Government accepted it and modified the Communal Award.
• The White Paper: On the basis of the round table discussions, a White Paper on Constitutional Reforms was prepared in 1933 and sent to the Joint Select Committee of the British Parliament. Its recommendations were incorporated, with some changes, in the Act of 1935.

Timeline

• 1919 The Government of India Act: dyarchy in the provinces
• November 1927 The Simon Commission is appointed
• 1930 to 1932 The round table conferences
• August 1932 The Communal Award, and then the Poona Pact
• 1933 The White Paper
• 1935 The Government of India Act is passed
• 1937 Provincial autonomy begins; the Federal Court is set up
• 1939 Provincial autonomy is discontinued

What Did the Government of India Act, 1935 Provide?

An All-India Federation

The Act provided for the establishment of an All-India Federation, consisting of provinces and princely states as units. It divided powers between the Centre and the units in terms of three lists: the Federal List (for the Centre, with 59 items), the Provincial List (for the provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy (Governor-General). The federation never came into being, because the princely states did not join it.

Provincial autonomy

The Act abolished dyarchy in the provinces and brought in provincial autonomy. The provinces were allowed to act as autonomous units of administration in their own spheres. It also introduced responsible governments in the provinces: the Governor had to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.

Dyarchy at the Centre

The Act provided for dyarchy at the Centre, and the federal subjects were to be divided into reserved and transferred subjects. This provision of the Act did not come into operation at all.

Two Houses in six provinces

The Act introduced bicameralism in six of the eleven provinces. The legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces became bicameral, with a legislative council as the upper house and a legislative assembly as the lower house. Many restrictions were placed on them.

Representation and franchise

• A certain number of general seats were reserved for the depressed classes (Scheduled Castes), and special representation was extended to women and labour (workers).
• The franchise was extended, and about 14 per cent of the total population got the right to vote.
• The Act provided safeguards to protect the interests of minorities.

Institutions and changes of territory

• It abolished the Council of India, set up in 1858. The Secretary of State for India was given a team of advisers instead.
• It provided for a Reserve Bank of India to control the currency and credit of the country.
• It provided for a Federal Public Service Commission, Provincial Public Service Commissions and a Joint Public Service Commission for two or more provinces.
• It provided for a Federal Court, which was set up in 1937.
• It provided for a Federal Railway Authority and for an Auditor-General of India to audit the accounts of the federation and the provinces.
• It separated Burma from India and created two new provinces, Orissa and Sind.

Why Is the Act Important?

• A second milestone: The Act marked the second milestone, after the Act of 1919, towards a completely responsible government in India.
• Provincial autonomy and responsible ministers: The provinces got autonomy in their own spheres, and governors acted with the advice of ministers responsible to the provincial legislature.
• A federal scheme with three lists: The division of powers into three lists, with residuary powers with the Viceroy, set out a federal structure.
• Base of the Constitution: The Act is the most profound influence and material source of the Constitution of India.

What Were Its Limitations?

• No federation: The federal part never came into operation, because the princely states did not join it.
• No dyarchy at the Centre: The central dyarchy did not come into operation at all.
• Restricted provincial houses: Many restrictions were placed on the bicameral provincial legislatures.
• Autonomy with limits: The Governors kept important reserve powers, and the British authorities kept the right to suspend responsible government. The British also kept control over defence, foreign affairs and finance.
• Short life of autonomy: Provincial autonomy was discontinued in 1939.

How Does It Compare With the Act of 1919?

What Came Next?

The Indian Independence Act, 1947 followed. The Government of India Act, 1935, with the Acts amending it, continued in force until the new Constitutions were framed, and the Indian Constitution of 1950 took many of its provisions from the Act of 1935.

Key People and Terms

• All-India Federation The proposed federation of provinces and princely states, which never came into being
• Federal, Provincial and Concurrent Lists The three lists dividing powers between the Centre and the units
• Residuary powers Powers not in any list; given to the Viceroy (Governor-General)
• Provincial autonomy The scheme in which provinces acted as autonomous units, with governments responsible to the provincial legislature
• Communal Award The scheme of August 1932 by Ramsay MacDonald for representation of minorities
• Poona Pact The agreement between the Congress and Dr. B.R. Ambedkar that gave reserved seats to the depressed classes in a joint electorate
• Federal Court The court set up in 1937 under the Act
• Reserve Bank of India Provided for by the Act to control the currency and credit

Exam Corner

Mains Angle

The Act of 1935 is the most profound influence and material source of the Constitution. Use these points to add depth.

• The main source of the Constitution: The structural part of the Constitution is, to a large extent, derived from this Act. The federal scheme, the judiciary, the Governors, emergency powers, the Public Service Commissions and most of the administrative details are drawn from it. More than half of the provisions of the Constitution are identical to, or close to, the Act of 1935, and about 250 provisions of the Act are in the Constitution.
• The criticism and the reply: Critics called the Constitution a “carbon copy” of the 1935 Act. Dr. B.R. Ambedkar replied in the Constituent Assembly that he made no apologies for it, that there was nothing to be ashamed of in borrowing, and that the provisions taken from the Act related mostly to the details of administration.
• A federation on paper: The Act divided powers into three lists and proposed an All-India Federation of provinces and princely states, but it never came into being because the princes did not join.
• Autonomy with limits: Provincial autonomy and responsible ministers came in 1937, but the Governors kept reserve powers, the British kept control over defence, foreign affairs and finance, and autonomy was discontinued in 1939.
• The shape of the legislatures: The composition of the central and provincial legislatures under the Act was based on the modified Communal Award, which included the Poona Pact.