Understanding the Government of India Act, 1935: Part-01

The Government of India Act, 1935 was a significant milestone in the constitutional development of British India. It marked a substantial step towards self-governance by introducing provincial autonomy and laying the foundation for a federal structure. The Act was influenced by various internal and external factors, including political movements, legislative acts, and global events that pressured the British government to reform its policies in India.

Conditions Leading to the Passing of the Government of India Act, 1935

Rowlatt Act (1919)

• Background of the Act:
  • Rowlatt Commission: Led by British judge Sir Sidney Rowlatt, the commission was set up to investigate seditious activities in India.
  • Purpose of the Act: Officially known as the Anarchical and Revolutionary Crimes Act, it aimed to curb radical movements by allowing the government to imprison individuals without trial.
• Key Provisions:
  • Arrest without Warrant: Permitted the arrest of individuals suspected of treason without a warrant.
  • Detention without Trial: Allowed imprisonment without judicial review.
  • Special Courts: Established panels of high court judges with no appeal provisions.
  • Suppression of Civil Liberties: Suspended the right of habeas corpus, controlled the press, and restricted freedom of speech and assembly.
• Indian Response:
  • Widespread Protest: Led by leaders like Mahatma Gandhi, Indians opposed the act through strikes and demonstrations.
  • Resignation of Indian Members: All elected Indian members of the Imperial Legislative Council, including Muhammad Ali Jinnah and Madan Mohan Malaviya, resigned in protest.

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Jallianwala Bagh Massacre (1919)

• Events Leading to the Massacre:
  • Protests in Amritsar: Demonstrations against the Rowlatt Act and the arrest of leaders Dr. Satyapal and Saifuddin Kitchlew.
  • Martial Law Imposed: Brigadier-General Reginald Dyer took command and imposed restrictions on public gatherings.
• The Massacre:
  • Baisakhi Gathering: On April 13, 1919, thousands gathered at Jallianwala Bagh for a peaceful meeting, unaware of the prohibitory orders.
  • Unprovoked Firing: General Dyer ordered troops to fire on the unarmed crowd without warning, blocking exits.
  • Casualties:
    • Official Figures: 379 dead and approximately 1,100 wounded.
    • Indian National Congress Estimates: Over 1,000 killed and more than 1,500 injured.
• Aftermath:
  • National Outrage: The massacre ignited widespread anger against British rule.
  • Resignation of Titles:
    • Rabindranath Tagore renounced his knighthood.
    • Mahatma Gandhi returned his Kaiser-i-Hind medal.
  • Impact on Independence Movement: Marked a turning point, leading to increased support for the struggle for independence.

Khilafat Movement (1919-1924)

• Background: Treaty of Sèvres (1920): Post-World War I treaty that dismantled the Ottoman Empire.
  • Role of the Caliph: The Ottoman Sultan was considered the Caliph (Khalifa), the spiritual leader of Muslims worldwide.
• Indian Muslim Sentiment: Defense of the Caliphate: Indian Muslims sought to preserve the Caliph’s authority over Islamic holy places.
  • Formation of Khilafat Committees: Leaders like the Ali brothers (Shaukat Ali and Muhammad Ali), Maulana Abul Kalam Azad, and Hasrat Mohani mobilized support.
• Alliance with Indian National Congress: Non-Cooperation Movement: Mahatma Gandhi saw an opportunity to unite Hindus and Muslims against British rule.
  • Joint Protests: Coordinated efforts strengthened the call for self-governance.

Montagu-Chelmsford Reforms (1919)

• Government of India Act, 1919: Introduced limited self-government through Dyarchy in provinces.
  • Expanded legislative councils with more Indian representation.
• Limitations:
  • Reserved Subjects: Key areas like finance and law and order remained under British control.
  • Disappointment: Reforms fell short of Indian expectations for complete self-rule.

Formation of the Swaraj Party (1923)

• Background:
  • Aftermath of Non-Cooperation Movement: Suspension of the movement following the Chauri Chaura incident in 1922 led to a strategic void.
  • Debate within Congress: Pro-Council Entry (Swarajists): Led by Chittaranjan Das and Motilal Nehru, advocated entering legislative councils to obstruct and expose them.
    • No-Changers: Leaders like C. Rajagopalachari and Vallabhbhai Patel preferred focusing on constructive work outside the councils.
• Formation of the Swaraj Party: Established in January 1923 with the aim to attain self-governance from within the councils.
  • Activities: Legislative Obstruction: Used council platforms to demand reforms.
    • Public Mobilization: Raised political awareness among the masses.

Simon Commission (1927)

• Appointment and Purpose: A seven-member British commission headed by Sir John Simon.
  • Tasked with evaluating the effectiveness of the Government of India Act, 1919, and suggesting further reforms.
• Controversy:
  • All-White Commission: No Indian members included, leading to widespread protest.
  • Indian Response: Boycott: Congress and other political parties boycotted the commission.
    • Slogans: “Simon Go Back” became a rallying cry.
• Impact:
  • Unified Opposition: Strengthened Indian solidarity against British policies.
  • Formation of Nehru Report: In response, Indian leaders drafted their own constitutional proposals.

Nehru Report (1928)

• Background: Lord Birkenhead’s Challenge: The Secretary of State for India challenged Indians to produce a constitution acceptable across communities.
• All Parties Conference: Convened to draft a constitutional framework for India.
  • Committee Leadership: Chaired by Motilal Nehru, with Tej Bahadur Sapru and other prominent leaders.
• Recommendations: Dominion Status: India to be granted dominion status within the British Commonwealth.
  • Fundamental Rights: Inclusion of fundamental civil liberties.
  • Joint Electorates: Rejected separate communal electorates, favoring unity.
• Significance: First Indian Draft Constitution: Reflected Indian aspirations for self-rule.
  • British Rejection: The British government did not accept the recommendations, leading to further disillusionment.

Round Table Conferences (1930-1932)

• First Round Table Conference (1930): Lacked representation from the Indian National Congress due to the ongoing Civil Disobedience Movement.
  • Limited progress on constitutional matters.
• Gandhi-Irwin Pact (1931): Agreement between Mahatma Gandhi and Lord Irwin, the Viceroy.
  • Gandhi agreed to suspend the Civil Disobedience Movement and attend the Second Round Table Conference.
• Second Round Table Conference (1931): Gandhi represented the Congress.
  • Discussions on federal structure, minorities, and provincial autonomy.
  • No consensus reached due to conflicting interests.
• Third Round Table Conference (1932): Minimal Indian representation.
  • Led to the formulation of a White Paper outlining proposed constitutional reforms.

Civil Disobedience Movement (1930-1934)

• Launch of the Movement: Initiated by Mahatma Gandhi with the historic Dandi Salt March in March 1930.
  • Aimed at challenging the British monopoly on salt.
• Methods of Protest: Non-payment of taxes.
  • Boycott of British goods.
  • Mass civil disobedience and non-violent demonstrations.
• Impact: Widespread participation across regions and communities.
  • Repression by British authorities through arrests and violence.
• Significance: Intensified the demand for Purna Swaraj (complete independence).
  • Highlighted India’s determination for self-governance.

External Factors Influencing the Act

• Global Economic Conditions: Great Depression (1929): Economic hardships pressured Britain to reduce administrative costs in India.
• Rise of Fascist Powers: Growing threats from Germany and Italy made Britain prioritize stability in its colonies.
• International Pressure: Changing global attitudes towards colonialism.
  • Need to placate Indian demands to maintain allegiance.

Provisions of the Government of India Act, 1935

Establishment of Provincial Autonomy: Provinces given significant self-governing powers.

• Dyarchy abolished at the provincial level.

• Introduction of a Federal Structure: Proposed a federation including British Indian provinces and Princely States.
  • Federation never fully implemented due to lack of agreement from the Princely States.
• Bicameral Legislature: Creation of the Federal Assembly and the Council of States at the center.
• Expansion of Franchise: Approximately 10% of the population gained the right to vote.
  • Based on property qualifications, tax payments, or education.
• Separate Electorates Continued: Communal representation extended to include more groups.
• Federal Court Established: Set up to adjudicate disputes between provinces and the center.

Significance of the Government of India Act, 1935

• Largest British Act for India:
  • Contained 321 sections and 10 schedules.
  • Served as the basis for the Constitution of independent India and Pakistan.
• Provincial Elections (1937):
  • Led to the first elections where Indian parties formed governments in provinces.
  • Indian National Congress formed ministries in several provinces.
• Criticism and Limitations:

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• • Central Control Maintained: The Viceroy retained significant powers.
  • Communal Representation: Continued to foster divisions.
  • Failure to Grant Dominion Status: Did not meet the demands for full self-governance.

Conclusion

The Government of India Act, 1935 was a response to decades of political struggle, protests, and negotiations between Indian leaders and the British government. While it introduced substantial administrative changes and expanded Indian participation in governance, it fell short of satisfying the demand for complete independence. Nevertheless, the Act laid down a constitutional framework that influenced the drafting of the Indian Constitution after independence.

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