Government of India Act 1935 – Salient Features

The Government of India Act 1935 was enacted on the

1st of April 1937. The political parties considered it
disappointing and dissatisfactory.
The famous Communal Award was announced by
British Prime Minister Ramsay Macdonald in 1932. Next
year the white paper also came into existence. A joint
select committee was appointed which on November
22, 1934, give its report.
The following are the salient features of the
Government of India Act 1935:-
1). Written Act:
The Government of India Act 1935 was in written form
which consisted of 14 parts and 10 schedules.
2). Federalism:
This act of 1935 proposed the Federation. With the
introduction of the federation, the unitary form of
government came to an end.
i). Division of powers:
The Powers should be distributed in such a manner that
the Supremacy of the Centre and the regional
autonomy should be preserved.
3). Division of State into Units:
The Government of India Act 1935 divided states into
units.
4). 3 legislative lists:
This act of 1935 provided three legislative lists. They
are as follows:
i). Federal Legislative list:
The Centre was authorized to legislate on all those
matters which were enumerated in the federal
legislative list.
a). Illustration:
Matters like defence, foreign affairs, and currency were
given in the federal legislative list and the centre could
legislate on them.
ii). Concurrent legislative list:
The center as well as provincial governments were
authorized to legislate on all those matters which were
enumerated in the concurrent legislative list.
A). Inconsistency Between Central Law and Provincial
Law:
It was also provided that in case of inconsistency
between central law and provincial law, the central law
shall prevail.
iii). Provincial Legislative list:
The Provincial Government was authorized to legislate
on those matters which were enumerated in the
Provincial legislative list.
a). Illustration:
Matters like transportation and health were given in the
provincial legislative list.
5). The Princely States:
As a requirement, the princely states had to join the
federation but the princely states did not join the
federation
6). Provincial Autonomy:
The Government of India Act 1935 introduced Provincial
autonomy. All the ministers were responsible to the
legislature.
7). Provinces as Separate Legal Entities:
This act gave separate legal status to the provinces.
8). Responsible Government:
The Government of India Act of 1935 provided a
responsible Government that had to be accountable for
its acts.
9). 11 Governor Provinces:
This act also introduced the eleven Governor
provinces.
10). 5 Chief Commissioner Provinces:
Another important feature of the Government of India
Act of 1935 was that it created five chief
commissioners provinces.
11). Parliamentary Form of Government:
The other important feature of the Government of India
Act 1935 was that it proposed a Parliamentary form of
Government.
12). Discretionary Powers of Governors:
The Governor-General enjoyed extensive powers. It was
he who had to administer the matters given in the
transferred and reserved subjects.
The powers of the ministers were limited. He could
exercise special powers for financial stability, peace,
and security and the protection of the rights of
minorities.
13). Federal Legislature:
This act of 1935 also Introduced a bicameral
legislature.
i). Council of State:
The Council of State was the upper house. It was a
permanent house. Thirds of its members were elected
every year. The total number of its members was 260.
A). Tenure:
The Council of Ministers was a permanent house
b). Number of Members:
One-third of its members were elected every year. The
total number of its members was 260.
ii). Federal Assembly:
The Federal Assembly was the lower house.
a). Tenure:
The term of the Federal Assembly was five years.
b). Number of Members:
It consisted of 375 members.
14). Provincial Franchise was Enlarged:
The Government of India Act 1935 also enlarged the
provincial franchise
15). Establishment of Federal Court:
This act also established the Federal Court in 1937
16). Council of Ministers:
The creation of the Council of Ministers was to assist
the Governor-General in his functions
17). Executive and Legislative Supremacy to
Federation:
This act of 1935 established the executive and
legislative supremacy of the Federation.
18). Abolishment of Indian Council of the Secretary of
State:
This 1935 act abolished the Indian Council of the
Secretary of State.
19). Creation of the New Province of Sindh:
The Government of India Act 1935 created the new
province of Sindh.
20). Checks on Legislatures:
This act introduced checks on the provincial and
central legislature.
21). Dyarchy at Central Government:
This act of 1935 abolished the dyarchy from the
provinces but it introduced it at the center.
Meaning of Dyarchy:
•
The term Dyarchy means, “Government
shared by two rulers”.
a). Division of Federal Subjects:
The Federal subjects were divided into the following:
Reserved Subjects:
The following matters were in the reserved subjects:
External affairs
Defence
The administration of the Tribal Areas
Transferred Subjects:
Other than reserved subjects, Transferred subjects had
all other matters.
Administration of Transferred Subjects:
The Governor-General with the assistance of the
Council of Ministers had to administer the transferred
subjects.
Accountability of the Council of Ministers:
The council of ministers was accountable for its acts to
two authorities. One was Governor-General and the
other was the legislature.

Regards
Adeel Gulnawaz
LCL 2k23