THE GOVERNMENT OF

INDIA ACT 1935

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ENROLLMENT NO# EP-18101018
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INTRODUCTION:
The Government of India Act of 1935 marked the completely responsible government in
India second after the Act of 1919 milestone towards a completely responsible government
in India second after the Act of 1919. This Act was passed by the British Government in the
year 1935. It was one of the lengthiest Acts at that time as it contained 321 sections and 10
schedules. It was also the last constitution of British India, before the country was divided,
in 1947, into two parts India and Pakistan. Once the act was passed the government saw that
it was too lengthy to be regulated with efficiency and thus, the government decided to divi
de it into two parts for the act to function in a proper manner:
1. The Government of India Act, 19352.
2. The Government of Burma Act,1935
BACKGROUND:
The Government Act of provisions 1919 was not satisfactory at all and was too short in its
government t form to be imposed in the country. There was a growing demand for
constitutional reforms in India by Indian leaders. Indian politicians were frustrated at that
time because they thought that the area, they had officially control over was still in the hand
s of the British officials over it. So, the task to review this with full control matter and to
make changes in it to the Simon Commission. had been given When the Simon Commission
Report came out it was seen that the report was not satisfactory which would lead to the
consultation with the then Indian Community Representatives at the Round Table
conference, held in London. 2The matter was important and was discussed in the round
tables of 1930, 1931, and 1932 respectively. The discussion at the Third Round Table
Conference resulted in a White Paper in 1934 containing proposals incorporated in a Bill
and presented to the Parliament for passage. This came to be known as the Government of
India Act of 1935 and was passed by the British Parliament.
Thus, the Act was based on:
1.Salient Simon Commission Report
2.The recommendations of the Round Table Conferences
3.The white book published by British government in 1933 (based on the Third Round Table
Conference)
4.Report of the Joint Select Committees.
FEATURES OF THE ACT:
This Act gives many salient features out of which some has been considered because
the major ones and a few because the minor ones. These salient features are given below:
1. The Act provided for an All-India federation comprising British Indian Provinces and
therefore the Indian States. The terms on which a state could join the federation were
mentioned within the Instrument of Accession. it had been at the discretion of the state
whether it wanted to hitch the federation that was given by the govt of India Act, 1935. 6
Chief Commissioner’s provinces, 11 Governor’s provinces and a few states who. agreed to
merge within the stated federation were constituent units of that federation Every unit
enjoyed full autonomy in its internal affairs. consistent with this act, India would become a
federation if 50% of Indian 34 states decided to hitch it. However, the provisions with
regards to the federation weren't implemented because the required number of princely
states didn't join it.
2. Provincial Autonomy- One redeeming feature of the new Act was that it marked the
start of the Provincial Autonomy. it had been definitely an advance on the Act of 1919. The
provinces were allowed to act as autonomous units of administration in their defined
spheres. Moreover, the Act introduced responsible governments in provinces, that is, the
governor was required to act with the recommendation of ministers responsible to the
provincial legislature. This came into effect in 1937 and was discontinued in 1939. This,
however, doesn't mean that the Act of 1935 established a full-fledged responsible
Government within the Provinces. The Ministers weren't absolutely free in matter of
running their departments. The Governors continued to possess a group of overriding
powers although such powers weren't exercised fairly often.
3. Division of Subjects- The approach to make the federation and implement provincial
autonomy paved the way for the division of subjects between the Centre and therefore
the provinces. The division of subjects that got by the govt of India Act, 1919 was revised
and added some more subjects in it by this Act of 1935 and included three lists. These were:
• Federal list- 59 items
• Provincial list- 54 items
• Concurrent list- 36 items the themes which were of all India interest and demanded
uniform treatment were put within the Federal list. Only the Federal Legislature could make
l was on the Federal subjects. Subjects of mainly of local interest were placed the Provincial
list and were wholly within the jurisdiction of the Provincial Legislatures for the aim of
legislation. The third list referred to as the Concurrent list, and which contained 36 items,
included subjects which were primarily Provincial interest but at an equivalent time required
uniformity of treatment everywhere the e country. Hence, the Act authorized both the
Federal and Provincial Legislatures to pass laws on those subjects. within the event of a
conflict, the Federal law was to prevail. so as to resolve now of conflict, the Constitution
authorized the Govern or General to allocate in his discretion the proper to legislate on any
subject, not included within the lists, either the Centre or the province.
4.Dyarchy at the Centre the Act of 1935 abolished dyarchy at the Provincial level and
introduced it at the Centre. federal subjects:
• Transferred subjects
• Reserved subjects.
Reserved Subjects; There were two categories of the themes that are mentioned during
this category of federal subjects were to be administered by the Governor-general on the
recommendation of the chief Councilors and therefore the council couldn't exceed its limit
of three members. Religious affairs, defense, administration of tribal areas and external
affairs were included within the reserved subjects.
Transferred Subjects This subject was to be administered on the recommendation of
ministers and therefore the number of ministers couldn't exceed 10. Subjects aside
from reserved were addressed under the Transferred Subjects.
The Governor General remained over beat served and Transferred subjects. charge of both
the He was also liable for the coordination of labor between the 2 wings and for encouraging
joint deliberations between the councilors and therefore the Ministers. the thought of
dyarchy was imposed in order that better administration might be done and therefore
the governor was appointed to seem after and coordinate among the 2 parts of the govt.
5. Bicameral legislature Under the govt of India Act, 1935, the Central Legislature was
bicameral, consisting of Federal Assembly and Council of States. The Council of States was
to be upper house and a permanent body with one third of its membership retiring every 3rd
year. it had been to be composed of 260 members of which 156 were to be representatives
of British India while, 104 Assembly was the lower house with the of the Indian states. The
Federal tenure of 5 years. it had been to be made from 375 members, out of which 250 were
to be representatives of British India and less than 125 members from the princely states.
While the seats reserved for princely states were to be filled by nominated members, the
provinces got different numbers of seats. Election to the Federal assembly was to be
indirect. The term of the assembly was five years but it might be dissolved earlier also. It
also introduced bicameralism in six out of 11 provinces. Thus, the legislatures of Bengal,
Bombay, Madras, Bihar, Assam and therefore the United 6Provinces were made bicameral
consisting of a legislature (upper house) and a legislature (lower house). However, many
restrictions were placed on them.
6. Retention of Communal Electorate It further extended the principle of communal
representation by providing separate electorates for depressed classes (scheduled castes),
women and labor (workers). The Muslims got 33 1/3 percent of the seats within the Federal
Legislature although their number was much but one-third of the entire population of British
India. Even the workers and ladies got separate representation although that they had not
asked for it.
7. Abolition of India Council the New Act abolished India Council and provided for the
appointment by the Secretary of State and his team of Advisers whose number w as to
not be but 3 and less than 65 With the introduction of Provincial autonomy the. e control of
Secretary of State over the Transferred subjects was greatly diminished. His control
however, remained intact over the discretionary powers of the Governor-general and
therefore the Governors.
8.Increase within the Size of Legislatures and Extension of Franchise Another highlight of
the Act was the extension of franchise. Nearly 10 percent of the entire population got the
proper to vote. This Act introduced direct elections in India for the primary time.
9.Federal Court the Government of India Act, 1935 provided for the establishment of
a court which might interpret the Act and adjudicate disputes concerning the federal matters.
The Act provided for a court which might contains one judge and less than 7six judges.
The court was given exclusive original jurisdiction to make a decision dispute between the
Centre and constituent Units. the supply was made for filing of appeals from High Courts to
the court and from court to the council. The court also had jurisdiction to grant Special
Leave to Appeal and for such appeals a certificate of the supreme court was essential.
10.Reorganization of provinces restructuring or reorganization of the as. This Act also did
some quite provinces. A province was separated from Bombay and named as Sindh. Another
thing that has done was split of Bihar and Orissa to become separate individual provinces of
Bihar and Orissa. So, this Act formed the 2 new provinces and these are Sindh and Orris 11.
Separation of Burma Simon Commission proposed to the govt of India to separate Burma
from India and this proposal was accepted by this Act. In 1935, the Burma Act was passed
and its separation from India was done after two years of this Act i.e., in 1937. The Burma
Act proposed for a replacement Burma office which had the facility to determine Burma as a
separate colony.
12. Supremacy of the Parliament the Act of 1935 was a rigid one. No Indian legislature
whether Federal or provisional was authorized to modify or amend it. British Government
alone was given the authority to form changes in it. The Indian legislature could at the
foremost pray for a constitutional change by submitting a resolution to constitution. I
imposition on India by British p parliament. t was an 8
13. Federal railway authority This Act had given the command of the railway within
the hands of a replacement authority called Federal Railway authority. The member during
this authority was seven in numbers and these members were free from the control of
councilors and ministers. The authority directly reported to the Governor-general. the
most idea behind the establishment of this authority was to verify British stakeholder that
the investment they need wiped out the railway was safe.
IMPORTANCE OF THE ACT: The act holds great importance within the Indian history
because it results in the connection of a Dominion Status which urged the necessity for
Independence again within the minds of the people. Government of India Act 1935
curtailed the facility concentrated within the hand s of the Central Government and
distributed it among the decentralized sort of government. Separate electorates for ladies,
although that they had not asked for it, was quite good for the advancement of girls within
the deciding process. Even the workers had their separate representation which
helped within the advancement of the workers’ class. This Act was the primary plan to give
the provinces an autonomous status by freeing them from external interference. one more
reason was that this Act provides right s to more people than got under the govt of India
Act, 1919. This Act also 9proposed to make the federal that allowed princes to participate
in politics of India. Besides, some features of the govt of India Act that suited well for free
of charge India was taken into consideration by the drafters of the Indian Constitution.
Features of Federal Legislature and Provincial autonomy were taken from the govt of India
Act, 1935. A court that was established in 1937 through the govt of India Act, 1935 was
considered because the Supreme Court by independent India. The Constitution of India also
borrowed the feature that each state should have a Governor who would be elected by the
Central Government. Public Service Commission that we see in Article 315 of the Indian
Constitution had also been taken from the govt of India Act, 1935.
CRITICISM OF THE GOVT OF INDIA ACT 1935:
The Act was a milestone within the development of a responsible constitutional government
in India. The act had such a lot to vow to the people for his or her welfare but wasn't ready
to deliver anything that would end up in its implementation. Even the impartial British
statesmen like Mr. Atlee admitted that the new keynote of the Act was mistrust. Viceroy
Lord Linlithgow himself said: in any case we framed the constitution of 1935 because we
thought it the simplest way. to carry India to the Empire.”
The Act of 1935 was condemned by nearly all sections of Indian opinion and was
unanimously rejected by the Congress Dominion status because it didn't even made mention
of. The Indian National Congress demanded instead; the convening of a constituent
assembly elected on the idea of adult franchise to border a constitution for an independent
India. The Indian National Congress called it a 10‘slave constitution that attempted to
strengthen and perpetuate the economic bondage of India’. However, the Congress
encouraged its members to fight within the elections under the Act, obtain positions within
the work towards undermining the Act. provincial legislatures, then Even
Honorable Nehru said that the act for Indians seems like” Driving a car with all breaks but
with no engine the opposite major Indian party, the Muslim League, al”. so attacked the Act
but was able to work with provincial sections for ‘what it had been worth’. Mr. Jinnah, the
leader of Muslim League, described it as thoroughly rotten, fundamentally bad and totally
unacceptable. It was criticized on the subsequent grounds The new Act armed the Governors
and Governor discretionary power General with tremendous s and thus reduced Provincial
Autonomy to a farce. during a way the Act made the Governors so powerful that they
might play the dictator if they liked. The proposed formation of the Federation was also
fundamentally defective. Entry into the Federation was compulsory for the provinces but
voluntary for the Princely States. Besides it the States were to be represented within
the Federal Legislature not by the elected representatives of the States but by the nominees
of the native rulers. The act failed to supply a correct federal structure; majority of the
facility was with the governor who wasn't in the least liable for the central legislature which
meant that the legislature wasn't governed properly. It not only retained the system of
Communal Electorate but also extended its application within the case of Harijans, labor and
ladies. The sinister 11motive behind it had been to separate the Harijans from the Hindu
community and poison the political atmosphere with the evil of casteism and sectionalism.
Providing separate electorate to Hindus, Muslims, Sikhs, etc., later on, clothed to be the
tools for disintegrating India. The Act of 1935 armed the Governor-general and therefore
the Governor with far reaching powers within the name of defending the minorities against
the tyranny of the Hindus. The minorities naturally began to feel grateful to the rulers for
the protection of their interests. They became their allies in arresting the expansion of
nationalism. British diplomacy always used the Indian States, the minorities and therefore
the services as tools against the Congress. 5. 6. British Parliament and therefore
the Secretary of State for India continued to be the virtual rulers of the country till the year
1947. There was, as such, nothing surprising if the Act of 1935 was received with disgust
and resentment. The act did not provide flexibility to the people at the constitutional level
in reference to their amendments of rights because the power to vary or alter any right was
present with British government while the Indians could do anything consistent with their
needs. not The Indians were simply given the toy of Provincial Autonomy to play with.
They received nothing substantial to feel contented.

CONCLUSION:
The Government of India Act, 1935 was a serious step towards the Independence nice of
India and helped within the reorganization of the states. Britishers have introduced this Act
because through this Act they will win the support of recent nationalist and that they could
rule over the dominion of India. thanks to the shortage 12of provision of a central
government, it had been not good for the Indians and there have been many flaws within
the act that was during a way hampering the rights and morals of the people. The Act was
largely disappointing because it didn't hold out assurance about granting Dominion Status,
not did it consider sympathetically the emotions and urges of politically conscious Indian.
The New Constitution also said nothing regarding the elemental rights of the people. It only
showed the dominion of British Government over the Indians. just for their benefit, that they
had introduced this Act. In spite of the above significance. Mentioned drawbacks, the new
Act had its own importance.