Glimpse of the Act of 1919 and 1935

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

History Minor’s Presentation

On the topic of

Constitutional Development
by british - a Glimpse of
Government of inDia aCts
(1919 anD 1935)

Submitted To: Submitted By:

Dr. Ravneet Kaur Gill Vaibhav Goyal

Faculty of History BA.LLB (H) - 6th SEM

UILS, PU

1|Page
Glimpse of the Act of 1919 and 1935

ACKNOWLEGMENT

I would like to express my special thanks of gratitude to my teacher Dr. Ravneet Kaur Gill as
who gave me the golden opportunity to do this wonderful project on the topic “Constitutional
Development by British - A Glimpse of Government of India Acts (1919 and 1935), which
also helped me in doing a lot of Research and i came to know about so many new things I am
really thankful to them.

Also I would also like to extend my gratitude to the staff of the University Institute of Legal
Studies, Panjab University, Chandigarh for helping me in finding me suitable material as
necessary for drafting the project.

VAIBHAV GOYAL

2|Page
Glimpse of the Act of 1919 and 1935

INDEX

Sl.No. Contents Pg. No. Remarks

01 Introduction 04
02 Government of India Act, 1919 05
03 Key Features of Act of 1919 05
04 Criticisms of Act of 1919 12
05 Government of India Act,1935 13
06 Key Features of Act of 1935 13
07 Criticisms of Act of 1935 19
08 Conclusion 20

3|Page
Glimpse of the Act of 1919 and 1935

Constitutional Development by British - A Glimpse of Government of India Acts (1919

and 1935)

Introduction:

The Indian Councils Act of 1909 did not generate the principle of responsible Government in
India. Due to outbreak of the First World War and the contribution made by the Indians to it,
and the pressure generated by the Home Rule Movement and Revolutionary movement, the
Indians had to be given more rights in the form of Diarchy enunciated by the Act of 1919. The
Reforms were not only shadowy but also positively vicious. The system of communal
representation on the basis of separate electorate alienated the Muslim from the stream of
national life and made them rank communalists. The executive did not surrender or share its
arbitrary powers with the legislature which at best were transformed into debating clubs.

At the outbreak of war in 1914, the British Government affirmed that it was entering the war
to make world safe for democracy. The Indians took the promise on its face value and extended
wholehearted support to the war efforts of the Government. Sri Tilak and Mrs. Annie Besant
began to demand Home rule. The Muslim League sank its differences with the Congress and
formulated a joint scheme known as Congress League Scheme.

At last Mr. Montagu, the Secretary of State for India, made a declaration on behalf of the British
Government in 1917 and said that the British policy in India would thenceforth be directed
towards securing the association of Indians in every branch of administration of progressive
realisation of responsible government in India. In pursuance of this policy the Parliament
passed an Act in 1919 entitled Government of India Act, 1919.

But after the failure of the Act of 1919 also due to various reasons as has been discussed below,
The Government of Lord Willingdon look recourse to extremely repressive measures to
suppress the spirit of the Indian nationalists that were arisen and increasing in the due course.
Hundreds of peasants in the U.P and many Congressmen, including Jawaharlal Nehru,
Sherwani and Purushottamdas Tandon was imprisoned. In Bengal, thousands of people were
arrested and detained on flimsy grounds without any trial.

Gandhiji protested against these illegal measures and the region of terror, in a telegram to the
Viceroy. But the Private Secretary of the Viceroy justified the Government measures. Gandhiji
then sought an interview with Willingdon and declared that he would launch a Civil

4|Page
Glimpse of the Act of 1919 and 1935

Disobedience Movement if no satisfactory reply was given by the Viceroy. The Viceroy refused
to grant the interview under the threat of Civil Disobedience.

To control the worst situation of the anger and protest among the natives of the India, the British
enacted four new ordinances, namely, the Emergency Powers Ordinance, Unlawful Instigation
Ordinance, Unlawful Association Ordinance and Prevention of Molestation and Boycott
Ordinance which were issued on 4th January, 1932 and were aimed at ruthlessly suppressing
the Indian people. Government took extremely severe measures to crush the movement even
before it was launched. Congress offices and Ashrams were taken possession of and the police
took resource to lathi-charges to disperse the crowds assembled to execute the programme of
Civil Disobedience Movement. The repressive measures of the Government could not prevent
the Civil Disobedience Movement. Thousands of people organised meetings and
demonstrations.

The Third Round Table Conference took place in London, while Mahatma Gandhi was
organising a massive civil disobedience movement in India, after returning from the Second
Round Table Conference. 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 which later came to be known as the Government of India Act of 1935 and was
passed by the British Parliament.

Government of India Act, 1919:

Mr. Montage in consultation with the Viceroy, Mr. Chelmsford, and a committee of four
members formulated a report known as Mantford Reforms in 1918. On the basis of it, a bill
was introduced in British Parliament and passed in 1919 which received royal ascent on
December 23, 1919.

Key Features of the Act of 1919:

The main and the key features of the Government of India Act, 1919 are stated below as:

 The Preamble to the Act-

There were several important features of the Preamble which are listed as follows:

 India was to remain an integral part of the British Empire.

 Suggestion of decentralisation of authority without loosening the supreme hold of the
Central Government.

5|Page
Glimpse of the Act of 1919 and 1935

 The time and manner of gradual advance towards the distant goal of responsible
government was to be decided not by the Indians but the British Parliament which was
an outside authority.
 It proposed the conferment of partial responsibility in the Provinces and the largest
measure of independence in their sphere.

In short, The Government of India was to remain responsible to the British Parliament but in
order to seek the co-operation of the people, the size of the Central Legislature was to be
enlarged. The Preamble thus made no change in the character of the Central Government or
the Home Administration of Indian Affairs. The Congress leaders who were anxious to get the
right of self-determination at the earliest and a specified date resented the doctrine of discretion
of the British Parliament.

 Home Government-

The Act allowed the Secretary of State of India to act as the agent of the British Government
to superintend, direct and control all acts, operations and concerns which related to the
Government or revenues of India. Under the new Act his salary was made a charge of British
revenues which previously was used to be paid out of Indian revenues. One good effect of this
measure was that the Parliament got the opportunity to criticise him at the time of annual
appropriations.

 Governor-General and the body of Executive Council-

The Diarchy was introduced only in the Provinces. The Government of India remained
responsible to the Secretary of State for India and the British Parliament. The Government at
the Centre remained autocracy as before but the Indians were given more opportunities of
influencing the Government.

The Act of 1919 did not introduce any fundamental change in composition and powers of the
Central Executive Council and the unrestricted and despotic powers of the Government-
General were left untouched. The superintendence, direction and control of entire
administration both civil and military-remained vested in him. He constituted the whole of the
Executive. He was at dominating position in the Executive Council because:

 His unique position in India due to the Representative of the Crown.

 He had a powerful say in the appointment and promotion of his Councillors.

6|Page
Glimpse of the Act of 1919 and 1935

 He use to distribute work among the Councillors and made rules and regulations
regarding conduct of work.
 He wasn’t bound to act on the advice of his Council.
 His office was deemed to be the most responsible and distinguished office.
 He was appointed by the Crown on the recommendation of the British Prime Minister
for a period of 5 years.
 He discharged his onerous duties with the help of his Executive and Legislative
Councils.
 Since he was individually responsible to British Parliament for the good governance of
India, he was armed with extensive discretionary powers.

The new Act empowered the Governor-General to have direct control over the External Affairs
Department and the Political Department. He was called Viceroy when he had his dealings
with his native States on behalf of the Crown. He maintained Residents in every State to keep
him duly informed about the affairs of the State.

Some steps were taken to give effect to the policy of increasing association of Indians in every
branch of administration including:

 Making of advocates of Indian High Courts of not less than ten years standing eligible
for appointment as Law Minister in the Executive Council.
 The inclusion of three Indians in the six-Member Council of the Governor-General.

However, these weren’t proved fruitful as only relatively unimportant departments were
entrusted to Indian Councillors and the Executive remained as usual free from the inquest and
control of the Legislature. Since the Councillors knew that the Legislature could not remove
them even by a vote of censure, they cared little for the interests of the people at large. The
expansion of the Executive Council simply enabled the Governor General to add few more
Indian “yes-man” to his council.

 Special Powers of the Governor-General and Defective Organisation of the

Central Legislature-

The composition of the Legislature was very much defective as there was no question to the
responsibilities of the Government owned to the general citizens of India. The Governor-
General had the last word on any bill or resolution passed by the Legislature in case a no
confidence motion against the Government or a censure motion against a member of Executive

7|Page
Glimpse of the Act of 1919 and 1935

Council and it didn’t mean that the Executive should resign and seek fresh verdict of the people.
The Central Legislature was not a sovereign law-making body. At every step it was subject to
the overriding authority of the Governor-General who constituted the real ruler of the land.

The unlimited powers of the Governor General in the legislative sphere include as follows:

 He use to summon and prorogue the Legislature, dissolved the Legislative Assembly
and also extended its life under special circumstances.
 He also possessed the power to prevent the consideration of a Bill or a part thereof if in
his opinion it affected peace and tranquillity of the country.
 He could disallow a question in the Legislature.
 He could also address either or both the Houses as and when he pleased.
 No bill passed by the Legislature could become an Act unless assented to by the
Governor-General who could even withhold his assent or return the same with his
suggestion for reconsideration of the House.
 He was also empowered to disallow an adjournment motion or debate on any resolution.
 He was authorised to reserve any Bill duly passed by both the Houses for the
consideration of the Crown. He possessed law-making power also.
 He could enact a law which he considered essential for the safety and tranquillity of the
Empire even if the Legislature had refused to pass it.
 He was also empowered to promulgate ordinances in case of emergency while the
Legislature was not in session. The life of such an ordinance was normally six months
unless extended for six months again.
 He had the final say in the preparation of annual budget.
 He was empowered to restore any grant refused or reduced by the legislature if in his
opinion the demand was essential for the discharge of his responsibilities.

In short the Governor-General under the new Act was most dominating and unique in all
spheres. The Britishers who drafted the Act of 1919 intended that the structure of the
Legislature should be such as might not necessitate the use of special powers by the Governor-
General. Their aim was to constitutionalise the autocratic rule of the Governor-General. The
Act by restricting the powers of both the Houses made them extremely weak and ineffective.
It denied the right of vote to the women and encouraged communal representation in order to
create divisions in the Legislature. The only redeeming feature of the Act was that the members
of the Legislature got the opportunity to criticise the Government and draw public attention to

8|Page
Glimpse of the Act of 1919 and 1935

the failing of Executive. Sometimes this criticism persuaded the Government to accept the
suggestions of the Legislature so far as it did not conflict with the British interest.

 The diarchal system-

A. Division at the Provincial Level-

It reoriented the Provincial Set-up into the introducing diarchy. For the first time under the
British rule, the Indian Provinces under the Act of 1919 obtained the semblance of a responsible
government. The Provincial Governments acted as the agents of the Central Government.
There was no rigid or clear-cut division of powers. The new Act had done the following
changes in this regard:

 It clearly defined the subject to be dealt with by the centre and the provinces.
 The provincial subjects were divided into reserved and transferred.
 The Reserved subjects were administered by the Governor of each province with the
help of his Executive council whose members had no responsibility towards the
Legislative Council.
 The Reserved subjects included Police, Land Revenue Administration, Justice,
Irrigation & Canals, Famine Relief, Control of Newspapers, Borrowing, Forests, etc.
 The Transferred subjects were administered by the Governor with the help of Indian
Ministers who were responsible to the Legislature.
 The Transferred subjects included those departments which afford most opportunity
for local knowledge and social service, those in which Indian have shown themselves
to be keenly interested, those in which mistakes that may occur, though serious, would
not be irremediable and those which stand most in need of development. It therefore
included subjects such as Local Self-government, Public Health, Sanitation and
Medical Administration, Education, Public Works including roads, bridges and
tramways, fisheries, excise, technical education and agriculture, etc.

B. Division between the Centre and the Provinces-

The underlying principles of the division of subjects between the Centre and Provisions are
stated as follows:

9|Page
Glimpse of the Act of 1919 and 1935

 The matters which were of All-India interest and in regard to which uniformity in
legislation was necessary for the whole of India, were regarded as Central subjects. The
Central list contained 47 subjects, chief among them being Defence, Foreign and
Political Relations, Patents and Copyright, Currency and Coinage, Communications,
Commerce and Shipping, Excise duties on cotton, salt, Income-tax and Public Debt in
India.
 The subjects which were chiefly of local importance and interest were treated as
Provincial subjects. The Provincial list contained 50 subjects including Local Self-
Government, Public Health and Sanitation and Medical Administration, Education,
Public Works, Water Supplies and Irrigation, Famine Relief, Forest, Co-operative
Societies, Law and Order etc.
 It contained a provision that, if the Governor-General-in-Council declared any Central
Subjects as a Provincial interest, then the Provincial legislature would be empowered
to make laws pertaining to that subject.
 The Act suggested the Central control in matters of legislation on transferred subjects
on the Provincial list to be restricted in future within the narrowest possible limit and
so the Central Government interfered very rarely.
 The scope of powers of superintendence, direction and control vested in the Governor-
General-in-Council over the Provincial maters was also greatly reduced.
 The Central hold on the financial matters of Provinces was also relaxed. The Provinces
were assigned separate specified sources of income. The Act gave them some
independence of action on financial matters like levying and collecting new taxes.

C. Demerits-

The Provincial Legislatures were not absolutely free to legislate even on Provincial subjects.
The Governor-General continued to enjoy a set of overriding powers. In spite of the division
of powers no federal Government was set up at the Centre. Essentially the Centre continued to
have a unitary government. The residuary powers were given to the Centre Government. In
case of a controversy whether a particular subject was a central or a Provincial subject, the
Governor opinion was held final and irrevocable. But, it can be said that, the Act of 1919
although did not confer full autonomy on the Provinces, certainly took the first step in that
direction.

10 | P a g e
Glimpse of the Act of 1919 and 1935

 Governor and Ministers-

The Act provided for the appointment of Ministers to help the Governor in dealing with the
transferred subjects. The provisions with this regard are stated below as:

 The limit on the numbers of ministers were fixed as for Bombay, Calcutta and Madras
it was three Ministers each while the remaining Governor to hold office during his
pleasure, from among the non-official members of the local legislature.
 If a person at the time of his appointment did not happen to be a member of the
Legislature of that Province, he could not hold ministerial office for more than six
months.
 The legislature could also punish a defaulting Minister by proposing a reduction in his
salary.
 The legislature was empowered to secure the Minister’s resignation by expressing its
lack of confidence in him.
 The Governor was empowered to remove a Minister without assigning a reason, no less
was the legislature empowered to do the same.
 It was clearly stated in the Act that, in relation to the transferred subjects, the Governors
shall be guided by the advice of his Ministers, unless he sees sufficient cause to dissent
from their opinion, in which case he may require action to be taken otherwise in
accordance with the advice.

The general responsibilities whether created by the Act or otherwise, the Instrument of
Instructions charged the Governor with the responsibility were as follows-

 To see that measures were taken for maintaining safety and tranquillity in all parts, of
a province and for preventing occasions of religious and racial conflicts, and all orders
issued by the Secretary of State or the Governor-General-in-Council were complied
with.
 To provide for the advancement and social welfare of small and backward communities
which could not fully rely for their protection upon joint political action.
 To safeguard members of the Civil Services employed in the Provinces in the legitimate
exercise of their functions and the enjoyment of all recognised rights and privileges.
 To see that no order of the Government or Act of the Legislative Council should deprive
any of the diverse interest of or arising from race, religion, education, social conditions,
wealth or any other circumstances of the privileges and advantages that they had

11 | P a g e
Glimpse of the Act of 1919 and 1935

heretofore enjoyed or exclude them from the enjoyment of benefits which hereafter
might be conferred on the people at large
 To prevent the establishment of a trade monopoly or any unfair discrimination in
matters affecting commercial or industrial interests

In reality the intervention of the Governor was not confined only to the extraordinary
circumstances but also to other ordinary circumstances. So in practice the Ministers were far
from being the real masters of their department. They were not free agents. They had to submit
to the wishes of the Governor who could even ignore the advice of a Minister and act in his
discretion if he considered it necessary in the interest of minorities, the depressed classes,
public services or for maintaining peace and tranquillity in the Province.

 Financial Control-

It was a reserve subject. Finance being the key department, was largely controlled by the
Governor. The Budget was prepared strictly under the supervision of the Governor. For the
allocation of funds of the Councillors and the Minstrels. However, in cases of difference, he
was given the power to make allocations of revenue and balances while binding on both.

The Governor was also given the power to restore any demand for grant relating to a reserved
subject, reduced or rejected by the legislature, by certifying that the amount was essential for
good administration of the department. In case of transferred subjects the Governor was not
given any power of restoring or sanctioning a grant reduced or rejected by the legislature.
However, in case of emergency he could authorise such expenditure as might be necessary for
the peace and tranquillity of the Province or for the carrying on of any department.

Criticisms of the Act of 1919:

The Act of 1919 was passed gave a rude shock to the Indians who were clamouring for 'self-
government' embodying the "right of self-determination". The Act received universal
condemnation except from the Moderates and Anglo Indians. Mrs. Besant, an Extremist of
those times, wrote in her book, 'New India' that the scheme was ' ungenerous for England to
offer and unworthy for India to accept". Some of the Defects are listed below as:

 Central Executive a Yes-men body of the Governor-General

 Limited authority of the Central Legislature and narrow franchise
 Division of subjects between the Centre and the Provinces Defective
 Dyarchical experiment a failure

12 | P a g e
Glimpse of the Act of 1919 and 1935

Government of India Act, 1935:

The 1935 Act was the second instalment of constitutional reforms passed by British Parliament
for implementing the ideal of responsible government in India. The Act of 1935 envisaged a
federal form of government and as such was a radical departure from its predecessors. It granted
provinces to the Centre. The Act of 1935 was quite a lengthy and detailed document. It
consisted of 321 sections and 10 schedules. It was fully enforced in April 1937. The Act was
largely disappointing because it did not hold out assurance about granting Dominion Status,
not did it consider sympathetically the feelings and urges of politically conscious Indian. It
perpetuated the sovereignty of the British Parliament over India and had nothing regarding the
fundamental rights of the people.

Key Features of the Act of 1935:

The most important features of the Act can be stated as follows:

 Autonomy of the Provinces-

The Provinces enjoyed the Independence in the following way-

 The Provinces for the first time got a measure of democratic government.
 The system of diarchy with the division into the transferred and reserved units was
dismantled away.
 All the subjects were transferred to the charge of Ministers.
 The Ministers were not absolutely free in matter of running their departments.
 The hold of the Centre over the provincial subjects was also considerably reduced.
 The Governors continued to possess a set of overriding powers although such powers
were not exercised very often.
 As in the case of Federation, the executive power of the Province was vested in and
exercised by the Governor on behalf of the Crown. He was to discharge his functions
with the help of a Council of Ministers.
 As in the case of Federation, the executive power of the Province was vested in and
exercised by the Governor on behalf of the Crown. He was to discharge his functions
with the help of a Council of Ministers.
 The Ministers for their actions and policies were made responsible to the Provincial
Legislature.

13 | P a g e
Glimpse of the Act of 1919 and 1935

 Provision for the establishment of a High Court and provincial service cadre in each
Province.

However, there were some restrictions imposed on the Autonomy of the Provinces which can
be stated as follows:

 Externally, the Governor-General could interfere in the administration of the Province

to the extent of seeing that didn’t threaten the peace and the tranquillity of India.
 Internally, Governor’s powers of discretion and individual judgement meant a drastic
cut in the powers of Ministers.
 For example, In case of grave emergency, the Governor-General under Section 102
could issue a Proclamation of Emergency and empower the Federal Legislature to make
laws on Provincial subjects.
 He could also direct any Governor to act as his agent in the Province in respect of
Defence, Foreign Affairs, Ecclesiastical Affairs or Tribal Areas.
 The Provincial executive authority was to be exercised in such a manner as not to
interfere with federal authority.
 Whenever the Governor of a Province acted in his discretion or individual judgement,
he was responsible to the Governor-General.
 Governor could return a Bill to the legislature for reconsideration on the line suggested
by him.
 He could withhold his assent or reserve a Bill for the consideration of the Governor-
General and the King.

In short it could be said that, His position was modelled exactly on that of the Governor-
General. The loud claim of autonomy proved a mere bluff and farce because the Governor
instead of acting as constitutional head acted as a real ruler. No sphere of Provincial
administration was free from his influence. His legislative powers were also fairly extensive.

Thus the Provincial Autonomy was introduced with heavy restrictions and safeguards. It could
grow and work only at that extent which was allowed by the Governor. The discretionary
powers of the Governor were not clearly defined and they were so wide and overwhelming that
the Governors could interfere in the day-to-day working of the Ministers on the pretext of their
discretionary powers.

14 | P a g e
Glimpse of the Act of 1919 and 1935

 All India Federation-

The Act provided for an All-India Federation comprising the British Indian Provinces and the
Indian States in the following way:

 The constituent units of the Federation were 11 Provinces, 6 Chief- Commissioner’s

provinces and all those states which agreed to join it.
 The States were absolutely free to join or not to join the proposed Federation.
 At the time of joining it, the ruler of that State was required to sign an Instrument of
Accession, mentioning therein the extent to which it consented to surrender its authority
to the Federal Government.
 The ruler was, however, authorised to extend the scope of Federal authority in respect
of his State by executing another Instrument.
 Every unit enjoyed full autonomy in its internal affairs.
 The Act also provided for the setting up of a Federal Court to settle disputes between
the Federal Government and the Units.

 Diarchy at Central Level-

The Act of 1935 abolished diarchy at the Provincial level and introduced it at the Centre in the
following way as:

 The Federal subjects were divided into two categories the Reserved and Transferred.
The reserved list included Defence, External affairs, Ecclesiastical affairs and Tribal
Areas.
 These were to be administered by the Governor-General with the help of three
councillors to be appointed by him.
 For the administration of Transferred subjects the Governor-General was to appoint a
Council of Ministers whose number could not exceed 10.
 The Ministry was to consist of the persons who commanded the confidence of the
legislature.
 By a subsidiary Instrument of Instructions the Governor-General was also empowered
to include in his Ministry the representatives of the Indian States as well as the minority
communities.
 The Ministry was collectively responsible to the Federal Legislature.

15 | P a g e
Glimpse of the Act of 1919 and 1935

 The Governor-General remained over all in charge of both the Reserved and
Transferred subjects. He was also responsible for the co-ordination of work between
the two wings and for encouraging joint deliberations between the councillors and the
Ministers.

 Reservations-

The new Act elaborated the safeguards and protective armours for the minorities for the reason
that the minorities needed protection from the dominance of the majority community. The
Nationalists saw this provision as a trick to empower the Governor-General and the Governors
to override the Ministers and legislators. In fact the safeguards amounted to vital reduction in
the powers of the ministers.

 Parliament and Legislature-

The Act of 1935 was a rigid one and for maintain the Supremacy of the Parliament, it had given
the stated provision as follows:

 No Indian legislature whether Federal or provisional was authorised to modify or

amend it.
 The British Government alone was given the authority to make changes in it.
 The Indian legislature could at the most pray for a constitutional change by submitting
a resolution to the Majesty’s Government.
 Nearly 10 percent of the total population got the right to vote.
 The strength of the Council of State was increased to 260 and that of the Legislative
Assembly to 375.
 The Federal Legislature and six out of eleven Provincial legislature became bicameral.
 Yet in order to weaken the growing spirit of nationalism, the Act of 1935 not only
retained communal electorate but also enlarged its scope.
 It granted this wholly concession to the Depressed Classes.
 The Muslims got 33 1/3 percent of the seats in the Federal Legislature although their
number was much less than one-third of the total population.
 The workers and women got separate representation although they had not asked for it.

16 | P a g e
Glimpse of the Act of 1919 and 1935

Some of the Restrictions in this regard include as follows:

 Certain types of Bills and amendments could not be introduced in the provincial
legislature without the previous sanction of the Governor General.
 The Governor-General was also empowered withhold his assent to those Provincial
Bills sent to him by the Governor for consideration.
 He could also forward such Bills for the consideration of the Crown or return them to
the Provinces for reconsideration.
 He could direct any Minister to act in a way suggested by him.

 Provision of the Federal Court-

The Act also provided for the establishment of Federal Court to settle disputes arising among
the units themselves and also between a unit and the Federal Government. One of the functions
was to interpret the controversial clauses of the Act. It was however, not the final court of
appeal and in certain circumstances, the appeal could be made to the Privy Council. Some other
provisions related to it are as stated below:

 A person was considered eligible for appointment as a Judge if he has 5 years standing
as a judge of High Court of any Province or 10 years standing as a barrister of
England/Northern Island or 10 years standing as a High Court Pleader.
 The Chief Justice was required to have been an advocate or barrister of at least 15 years
standing.
 Governor-General was authorised to appoint any federal Judge to act as Chief Justice
in a temporary vacancy.
 The Original Jurisdiction of the Federal Court extended to disputes arising out of the
interpretation of any provision of the Constitution. The conditions were that the case
brought before it must involve legal rights and secondly, the parties to the dispute must
be the Government and not the individuals.
 The Court’s appellate jurisdiction included hearing of petitions against the decision of
High Courts. But it could allow an appeal only when it involved some constitutional
right and the High Court also granted a certificate to the effect that it was a fit case for
appeal to the Federal Court.
 The functions of the Federal Court included advisory functions also. The Governor-
General could refer any point of law to the Court for information and legal guidance.

17 | P a g e
Glimpse of the Act of 1919 and 1935

Such an advice was given in the open court in the present of the lawyers of all the parties
concerned.
 As a Court of Record, The Federal Court held its sittings in Delhi. The account its
proceedings was duly maintained and published. Its judgements and verdicts could also
be referred to in lower courts.
 Appeals from its judgement could be taken to the Judicial Committee of the Privy
Council even without obtaining a certificate from it. Such appeals could be made only
in cases which (I) involved interpretation of any provision of the Act of 1935 or any
order-in-Council issued under it and where the court had heard the case under its
original jurisdiction; (ii) related to extent of authority vested in the Federal Government
by virtue of Instrument of Accession of the State; (iii) arose from the enforcement of a
Federal Law in any of the federating states.

The Federal Court started functioning from 1st October, 1937. The record of its services, spread
over a period of 13 years, was quite impressive and admirable. In 1950 when the new
Constitution of free India came into force, it came to be known as Supreme Court of India. Its
powers were also enlarged. The Federal court, as stated above, did excellent work for over a
dozen years. If defended vigorously the civil liberties of the people against the high handedness
of the Executive during the Second World War

 Division of Subjects in forms of Lists-

Under the Act of 1935, the subjects for administrative purpose were catalogued into three lists
the Federal list, the Provincial list and the Concurrent list which are explained as follows:

 The Federal list included 49 subjects, the Provincial list 54 and the Concurrent list 36.
 The subjects which were of all-India interest and demanded uniform treatment were put
in the Federal list. These subjects were Armed Forces, Currency and Coinage, Posts
and Telegraphs, Railways, Central Services, External Affairs, Wireless, Customs etc.
 Subjects of mainly of local interest were placed the Provincial list and were wholly
within the jurisdiction of the Provincial Legislatures for the purpose of legislation.
These subjects were Public Order, Education, Local Self-Government, Public Health,
Land Revenue, Forests, Mining and Fisheries and others.
 The third list known as the Concurrent list, and which contained 36 items, included
subjects which were primarily Provincial interest but at the same time required
uniformity of treatment all over the country.

18 | P a g e
Glimpse of the Act of 1919 and 1935

 The Act authorised both the Federal and Provincial Legislatures to pass laws on those
subjects. In the event of a conflict, the Federal law was to prevail.

 Preamble-

No new thing was added in comparison to the Act of 1919, and the same was there as to appease
the Indians that British Government still was committed to its promise of giving Dominion
status to India.

 India Council and its Abolition-

The new Act abolished the India Council and stated as follows:

 It provided for the appointment by the Secretary of State and his team of Advisers
whose number was not to be less than 3 and nor more than 6.
 With the introduction of Provincial autonomy the control of Secretary of State only
remained intact over the discretionary powers of the Governor-General and the
Governors and was diminished greatly over the Transferred subjects.

Criticisms of the Act of 1935:

Every political party of India condemned the new draft for one reason or another. Mr. Jinnah,
the leader of Muslim League, described it as thoroughly rotten fundamentally bad and totally
unacceptable. C. Rajagopalchari stated that, “The new Constitution is worse than diarchy”. Pt.
Malviya remarked that, “the new Act has been thrust upon us. It has a somewhat democratic
appearance outwardly, but it is absolutely hollow from inside”. Pt. Nehru condemned it as
saying that, “it is a new character of slavery. It was a sort of machines with strong brakes and
not engine”. It was criticised on the following grounds.

 Discretionary Powers of Governors and Governor-General

 Defective Federation
 Extension of Communal Electorate System
 Safeguards
 Refusal to Grant Right to Self-determination

Dr. Rajendra Prasad rightly remarked regarding the subject of Law and order. It was nothing
short of a camouflage and fraud to declare that Law and Order had been transferred when

19 | P a g e
Glimpse of the Act of 1919 and 1935

special responsibility in respect of them was reserved with the Governor-General and the
Governor in wide and all-pervasive terms”.

Conclusion:

Dr. Shyama Prasad Mukherjee, Minister of Finance, Government of Bengal, in his letter of
resignation dated November 16, 1942 complained to the Governor against his constant
interference in the sphere of Ministers. He stated his reason behind his resignation as,

“The reason is connected with the manner, in my opinion unwarranted, in which you have
interfered with the work of the Ministry and have rendered so-called Provincial Autonomy into
a meaningless farce. I regret to say that from the very beginning of our association with you,
you have failed to rise to that impartial height of a Provincial Governor which could have given
you courage and foresight to respect the Constitution, establish new Conventions, and broaden
the base of the Provincial administration so as to win the affection and confidence of the people.
You have all along permitted yourself to be guided by a section of permanent officials loyal
diehards, according you; short-sighted and reactionary according to us resulting in the
establishment of a Government which has proved disastrous to the interests of the Province”.

The dismissal of Allah Buksh, the Chief Minister of Sind, and forced resignation of Fazal-ul-
Haq, Chief Minister of Bengal when they enjoyed the support of the legislatures of their
Provinces, proves the arbitrariness of the Governors.

The Act was an ingenious blend of plus and minus, addition and subtraction, progress and
regress. The hand that gave had taken away also. Thus it amounted to a sort of self-cancelling
business with the net result of zero. Mr. Fazal-ul-Haq, Premier of Bengal, rightly observed
when he proclaimed that under the Act, there was to be neither Hindu Raj nor Muslim Raj but
the British Raj.

20 | P a g e
Glimpse of the Act of 1919 and 1935

BIBLIOGRAPHY

 Agarwal, R.C Indian Political System, S. Chand & Co., 1993

 Das Hari Hara, India Democratic Government and Politics, Himalaya Publishing
House, 1991
 Vishnoo Bhagwan: Constitutional History of India and National Movement, Atma
Ram & Sons Publishing House, 1964

21 | P a g e