Government of India Act 1935: Constitutional Evolution, Federalism, and the Path to Dominion Status

Government of India Act 1935: Balancing Indian Demands with British Control

The Government of India Act of 1935 was a major constitutional reform enacted by the British Parliament to redefine British India’s governance. It was an attempt to meet Indian demands for greater participation in governance while maintaining British control. Here is a detailed explanation of the 1935 Government of India Act:

Features Of Government of India Act 1935: Federal Structure for British India’s Governance

Federal Structure: Introducing Federal System in British India

• The Act proposed the establishment of a federal structure in British India, consisting of provinces and princely states.
• The provinces were to have elected legislatures and executive councils responsible for administration.
• The princely states, however, were given the option to join the federation or remain outside it.

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Division of Powers: Central and Provincial Governance

• The Act divided legislative powers between the central government and the provincial governments.
• The central government retained control over crucial areas such as defence, foreign affairs, and communications.
• The provincial governments were granted autonomy in specific policy areas, including health, education, and local government.

Empowering Provinces: 1935 Act and the Rise of Provincial Autonomy

• The Act introduced provincial autonomy, giving the provinces the power to elect their legislatures and responsible governments.
• The principle of dyarchy was abolished, and the governor became a constitutional head with limited powers.
• Provincial governments were allowed to legislate and administer in certain areas, empowering Indian politicians at the provincial level.

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Government of India Act 1935: Bicameral Central Legislature and Limited Powers

• The Act established a bicameral legislature at the central level, consisting of the Federal Assembly and the Council of States.
• The Federal Assembly, with elected members, was the lower house, while the Council of States, with nominated and elected members, was the upper house.
• The central legislature had limited powers, with the Governor-General having veto powers.

Government of India Act 1935: Communal Representation and Reserved Seats Policy

• The Act maintained separate electorates for religious communities, including Muslims, Sikhs, and others.
• It also introduced the concept of weightage, whereby reserved seats were allocated to minorities in provinces where they were in the minority.

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Central Authority and Special Powers in Governance: Reserved Subjects and Governor-General’s Role

• The Act reserved certain subjects exclusively for the central government, including defence, external affairs, and the Governor-General’s special powers.
• The Governor-General had the authority to intervene in provincial affairs in case of a breakdown of law and order or failure of governance. Residuary powers were also given to the Governor-General.

Incomplete Independence: Limits on Dominion Status in Governance Act

• While the Act expanded Indian participation in governance, it fell short of granting full dominion status or complete independence.
• The British government maintained control over key areas such as defence and foreign affairs.

Empowering India: Impact of Government of India Act 1935 on Self-Governance

• The Government of India Act of 1935 marked a significant step in the direction of limited self-governance for India.
• It provided a framework for political development and increased Indian participation in governance.
• The Act also contributed to the growth of political parties, as elections were held under its provisions, furthering the democratic process.

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Significance of the Government of India Act 1935: Decentralization, Autonomy, and Dominion Status

After the Act of 1919, the Government of India Act of 1935 marked the second milestone toward a fully responsible government in India.

• The experiment of provincial autonomy served some useful purposes under the 1935 Act, so we can say that the Government of India Act 1935 marks a point of no return in the history of constitutional development in India.
• The Government of India Act of 1935 limited the powers concentrated in the hands of the Central Government and distributed them by ensuring that India adopts a decentralized form of government.
• Although they had not requested it, separate electorates for women were beneficial to women’s advancement in decision-making.
• This Act was the first attempt to grant provinces autonomy by removing external interference.
• The Act is also significant in Indian history because it eventually resulted in the Dominion Status, which re-emphasized the need for independence in the minds of the people.

Limitations of 1935 Act: Governor’s Powers, Communal Representation, and Central Control

• Numerous safeguards and special responsibilities of the governor-general acted as brakes on the Act’s proper operation.
• For example, despite Provincial Autonomy, the governor retained extensive powers in provinces.
• The expansion of the system of communal electorates and representation of various interests fueled separatist sentiments, culminating in India’s partition.
• The Act established a rigid constitution with no room for internal growth. The right to amend was reserved for the British Parliament.
• A close reading of the Act reveals that the British Government provided itself with the legal tools necessary to reclaim total control at any time deemed desirable.
• This was evident in the way the governor-general’s powers in defence and foreign affairs were necessarily limited, as things stood, and the measure of representation given to the rulers of the Indian States negated the possibility of even the beginnings of democratic control.
• The federal portion was only to take effect if half of the states by weight agreed to federate.
• This never happened, and the formation of the Federation was postponed indefinitely after the outbreak of World War II.

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Conclusion

However, the Act had limitations and faced criticism. It retained British control in critical areas, preserved communal divisions, and did not satisfy demands for full independence. The Act would eventually be superseded by the Indian Independence Act of 1947, which led to India’s partition and the creation of India and Pakistan as independent nations.

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Previous Year Question (Prelims)

Q1. The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the: (2012)

1. Morley-Minto Reforms, 1909
2. Montagu-Chelmsford Act, 1919
3. Government of India Act, 1935
4. Indian Independence Act, 1947

Q2. In the Federation established by the Government of India Act of 1935, residuary powers were given to the:

1. Federal Legislature
2. Governor General
3. Provincial Legislature
4. Provincial Governors

Government of India Act 1935 FAQs

Q1. What was the most important aspect of the Government of India Act 1935?

Ans. The introduction of a bicameral legislature was the most significant feature of the Act. It marked a fundamental change in that the Secretary of State would henceforth be paid from the British exchequer.

Q2. What caused the failure of the Government of India Act 1935?

Ans. Due to many shortcomings, both the Indian National Congress and the Muslim League opposed the Government of India Act 1935. In comparison to the elected government, the provincial governors retained more power. The British authorities had the authority to suspend the elected representatives of the government.

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Q3. What is the Government of India Act 1935’s most significant contribution to the Indian Constitution?

Ans. This legislation abolished the system of provincial dyarchy and proposed the establishment of central dyarchy and a ‘Federation of India’ comprising British India’s provinces and the majority of princely states.

Q4. Who said that the Constitution was a carbon copy of the 1935 Act?

Ans. According to British Constitutionalist Sir Ivor Jennings, “the Constitution derives directly from the Government of India Act of 1935, from which many of its provisions are almost textually copied.”

Q5. What was the 1935 Act called by Jawaharlal Nehru?

Ans. Jawaharlal Nehru referred to the Government of India Act of 1935 as the “charter of slavery.” This act attempted to protect and preserve British control in India. It removed provincial dyarchy and instituted central dyarchy. It also eliminated the Indian Council and replaced it with an advisory body.

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