The Government of India Act, 1935: The Blueprint for India’s Political Landscape

During the tumultuous events of 1932, the Third Round Table Conference (RTC) took place in November, once again transpiring without the participation of the Congress. The deliberations at this conference played a pivotal role in shaping the Government of India Act of 1935.The Government of India Act, passed by the British Parliament in August 1935, outlined key provisions that shaped the political landscape.

Main Features

All India Federation

The act proposed the creation of an All India Federation, encompassing British Indian provinces, chief commissioner’s provinces, and princely states. However, the formation of this federation was contingent on certain conditions, including 

• The agreement of princely states with an allocation of 52 seats in the proposed Council of States and 
• The cumulative population of these states constitutes 50 percent of the total population of all Indian states. 

These conditions went unfulfilled, leading to the non-realization of the proposed federation. Consequently, the central government continued to operate under the provisions of the Government of India Act of 1919 until 1946.

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Federal Level Executive

• The governor-general held a central and pivotal role in the entire constitutional framework.
• Subjects were categorized into reserved and transferred. 
  • Reserved subjects, such as foreign affairs, defense, tribal areas, and ecclesiastical affairs, were exclusively administered by the governor-general on the advice of executive councillors. 
    • These councillors were not accountable to the central legislature.
  • Transferred subjects, covering all other areas, were to be administered by the governor-general based on the advice of ministers elected by the legislature. 
    • These ministers were accountable to the federal legislature and were required to resign if they lost the confidence of the body.
• The governor-general retained the authority to act in his judgment regarding special responsibilities for the security and tranquility of India.

Federal Level Legislature

The legislative framework outlined in the Government of India Act featured a bicameral legislature with distinct characteristics:

• Upper House (Council of States): With 260 members, the Council of States had a unique composition. While some members were directly elected from British Indian provinces, 40 percent were nominated by the princely states.
  • The Council of States functioned as a permanent body, with one-third of its members retiring every third year. Its tenure was set at 5 years.
  • Notably, elections to the Council of States were conducted through direct means.

• Lower House (Federal Assembly): The Federal Assembly, consisting of 375 members, had a combination of indirect elections from British Indian provinces and one-third nomination by the princely states.
  • Election to the Federal Assembly was conducted through indirect means.

Legislative Dynamics

• Three lists were established for legislative purposes: federal, provincial, and concurrent.
• Members of the Federal Assembly were empowered to initiate a vote of no-confidence against ministers, while the Council of States lacked this authority.
• The system of religion-based and class-based electorates was further extended.
• A significant portion (80 percent) of the budget was categorized as non-votable.
• The governor-general retained residuary powers, encompassing actions such as restoring cuts in grants, certifying bills rejected by the legislature, issuing ordinances, and exercising veto power.

Provincial Autonomy

The Government of India Act introduced significant changes in the provincial setup, emphasizing provincial autonomy:

• Replacing dyarchy, provinces were granted autonomy and distinct legal identity.
• Direct Crown Authority: Provinces were liberated from the “superintendence, direction” of the secretary of state and governor-general, deriving their legal authority directly from the British Crown.
• Independent financial powers and resources were bestowed upon provinces, enabling them to borrow money based on their own security.

Executive

• Governors, appointed as the Crown’s representatives, held special powers concerning minorities, civil servants’ rights, law and order, British business interests, partially excluded areas, and princely states.
• Governors had the authority to take over and administer the province indefinitely.

Legislature

• Separate electorates based on the Communal Award were implemented.
• All members were directly elected, with an expanded franchise that included women on an equal basis with men.
• Ministers, constituting a council of ministers led by a premier, were responsible for administering all provincial subjects.
• Ministers were made accountable to and removable by an adverse vote in the legislature.
• Provincial legislatures could legislate on subjects in provincial and concurrent lists.
• While 60 percent of the budget became votable, 40 percent remained non-votable.
• Governors retained powers such as refusing assent to a bill, promulgating ordinances, and enacting governor’s Acts.

Evaluation of the Act

Governor-General’s Oversight: Numerous ‘safeguards’ and ‘special responsibilities’ assigned to the governor-general acted as impediments to the effective functioning of the Act.

• Undermining Autonomy: Governors retained extensive powers in provinces despite the purported autonomy.
• Limited Expansion of Voting Rights: The Act granted voting rights to 14 percent of the British Indian population.
• Rise of Separatism: The extension of communal electorates and representation of diverse interests fueled separatist tendencies, ultimately leading to the partition of India.
• Rigid Constitutional Framework: The Act established a rigid constitution with no provision for internal growth, reserving the right of amendment with the British Parliament.

Long-Term British Strategy

Short-Term Suppression: Suppression served as a short-term tactic; the overarching strategy aimed to weaken the national movement and integrate segments into the colonial, constitutional, and administrative structure.

• Reviving Political Influence: Reforms were intended to revive the political standing of constitutionalist liberals and moderates who had lost public support during the Civil Disobedience Movement.
• Tools to Undermine Extra-Legal Struggles: The combination of earlier repression and subsequent reforms aimed to convince Congress members of the ineffectiveness of an extra-legal struggle.
• Expectation of Political Compliance: Once in power, Congress members were expected to be reluctant to return to a politics of sacrifice.
• Strategic Use of Reforms: Reforms could be strategically employed to create dissensions within Congress, with constitutional concessions appeasing the right wing and police measures suppressing radical leftists.
• Provincial autonomy was designed to nurture powerful provincial leaders, gradually weakening central leadership and provincializing Congress.

Nationalists’ Reaction

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The 1935 Act faced condemnation from various quarters and received a unanimous rejection from the Congress. While the Hindu Mahasabha and the National Liberal Foundation expressed support for the implementation of the 1935 Act at both the central and provincial levels, the Congress advocated for an alternative approach. Instead of endorsing the Act, the Congress called for the convening of a Constituent Assembly, elected through adult franchise, to draft a constitution for an independent India.

Conclusion

The Government of India Act of 1935, despite its comprehensive provisions and the promise of provincial autonomy, ultimately failed to satisfy Indian nationalists and was widely criticized for perpetuating British control. Its rigid framework, limited expansion of voting rights, and the reinforcement of communal divisions hindered its acceptance. The Act’s shortcomings underscored the need for a more inclusive and democratic process, leading to the eventual demand for a Constituent Assembly to draft an independent constitution.

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