GOVERNMENT OF INDIA ACT, 1935

Introduction

The Government of India Act, 1935, marks a significant milestone in India’s constitutional history. As the longest Act passed by the British Parliament at that time, it laid the groundwork for several aspects of India’s current governance and administrative structure and was a precursor to the country’s eventual independence.

Architectural Evolution: Government of India Act, 1935

• Attempted Creation of All-India Federation: The Act aimed to create an All-India Federation comprising provinces and princely states as units. 
  • However, this federation never materialized due to the non-participation of princely states.
• Division of Powers: The Act divided powers into three lists: Federal (for centre, with 59 items), Provincial (for provinces, with 54 items), and Concurrent (for both, with 36 items). 
  • Residual powers were vested in the Viceroy (Governor-General) [UPSC 2012]
• Provincial Autonomy: The Act abolished dyarchy in provinces, introducing ‘provincial autonomy’ instead. 
  • Provinces were granted autonomy in defined areas, with responsible Governments formed in 1937, though discontinued in 1939.
• Dyarchy at Centre: The Act proposed dyarchy at the Centre, dividing federal subjects into reserved and transferred categories. 
  • However, this provision never became operational.
• Bicameralism: i.e legislative council and legislative assembly was introduced in six out of eleven provinces including Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces, but with several restrictions.
• Reserved seats for depressed classes (Scheduled Castes), and special representation for women and labour, were established.
• Abolition of Council of India: It abolished the Council of India, established by the Government of India Act of 1858. 
  • The secretary of state for India was provided with a team of advisors. 

• Franchise was extended, granting voting rights to approximately 14% of the total population.
• Reserve Bank of India (RBI): RBI was established by this act to regulate the country’s currency and credit.
• Establishment of Public Service Commissions: It created Federal and Provincial Public Service Commissions, as well as Joint Public Service Commissions for multiple provinces.

• Other Important Provisions:

  • The Act established a Federal Court in 1937.
  • It separated Burma (now Myanmar) from India.
  • Two new provinces, Orissa and Sind, were created.
  • Safeguards for minority interests were incorporated.
  • A Federal Railway Authority was established to oversee railway administration.
  • An Auditor-General of India was appointed to audit the accounts of the federation and provinces.

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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