Q. Did the Government of India Act, 1935 lay down a federal constitution? Discuss. (200 words, 12.5 marks)

Answer: 

Approach:

Introduction

  • Begin by introducing the Government of India Act, 1935 as an important piece of legislation that aimed to introduce a federal system of government in British India.

Body

  • Discuss the key features of the Act that attempted to lay down a federal constitution.
  • Address the reasons why the federal provisions were not fully implemented.

Conclusion

  • Write a relevant conclusion.

Introduction:

The Government of India Act, 1935 was an important piece of legislation passed by the British Parliament that laid the foundation for the governance of British India. It was the most comprehensive and extensive reform of the constitutional and administrative framework in India under British rule. The Act aimed to introduce a federal system of government, uniting the British Indian provinces and the princely states under a central authority.

Body:

However, the federal provisions of the Act were never fully implemented. Listed below are the features of the Act that attempted to lay down a federal constitution and the reasons why it was not entirely successful.

  • Division of powers: The Act provided for a clear division of powers between the central government and the provincial governments, creating three lists – Federal List, Provincial List, and Concurrent List.
  • Provincial autonomy: The Act introduced the concept of provincial autonomy, granting greater powers and responsibility to the provinces in various areas of governance. This move was intended to devolve power from the central government and allow the provinces to function more independently.
  • Bicameral legislature: The Act provided for a bicameral federal legislature, consisting of the Council of State and the Federal Assembly. This structure was designed to facilitate better representation of the provinces and princely states in the federal legislative process.
  • Princely states: One of the key features of the proposed federal constitution was the inclusion of princely states alongside British Indian provinces. However, this aspect was contingent upon the willingness of the princely states to join the federation, which ultimately proved to be a significant obstacle in implementing the federal provisions of the Act.

Despite the federal features outlined in the Government of India Act, 1935, the federal provisions were never fully implemented.

  • The primary reason was the lack of participation from the princely states, which were reluctant to join the federation due to concerns over their sovereignty and autonomy.
  • Additionally, the outbreak of World War II and the subsequent political developments in India, including the rise of the Indian independence movement, led to a shift in focus away from implementing the federal provisions of the Act.

Conclusion:

The Act, however, significantly influenced the framing of the Constitution of India after independence, with several of its provisions serving as a basis for the new constitution’s federal structure.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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