GOVERNMENT OF INDIA ACT 1935

Background

• There was growing demand for constitutional reforms
• India’s support Britain in WW1 – aided in British acknowledgement of need for more Indians in administration
• Act derived content from 4 key sources
  1. Simon Commission Report
  2. Recommendations of RTCs
  3. White Paper – by British government – 1933 (basis 3^rd RTC)
  4. Report of Joint Select Committees
• Simon Commision
  • Submitted  Report -> 1930
  • Proposals:
    • Abolish Dyarchy
    • Extend responsible Government in Provinces
    • Establish federation -> British India & Princely States
    • Continue communal electorates
  • To consider these proposals
    • there were 3 round table conferences (RTCs) by British Government
    • between representatives of
      • British Government
      • British India
      • Indian princely states
  • Result of RTCs
    • White Paper on Constitutional reforms submitted to – Joint Select committee of British Parliament
  • Recommendations of Joint Select Committee
    • Incorporated with few changes into – GOI Act 1935

• Communal Award
  • Scheme of minority representation
  • By British PM – Ramsay Mc Donald
  • Aug 1932
  • Separate Electorates
    • Continued –>for Sikhs, Muslims, etc.
    • Extended –> Depressed Classes ( SC)
  • Gandhi Ji
    • Fast in protest – Yervada Jail (Pune)
  • Result
    • Agreement b/w Congress leaders & Leaders of Depressed classes
    • Called Poona Pact 
      • Retained Hindu Joint Electorates
      • Reserved seats to – Depressed Classes

Why Important

• Second  Milestone – towards responsible Government in India ( First was – GOI Act 1919)
• Lengthy – 321 sections & 10 schedules

Important Points

1. Creation of All India Federation

• Proposed federation included:
  • 11 provinces of British India
  • 6 Chief Commissioners Provinces
  • princely states who might accede to federation voluntarily
• Federation could not be established until:
  • number of states, rulers whereof were entitled to choose not less than half of the 104 seats of council of state
  • The aggregate population whereof amounted to be at least one half of the total population of all the Indian stales acceded to the federation
• The terms on which a state joined Federation
  • were to laid in Instrument of Accession
• Joining federation was compulsory for
  • British Provinces
  • chief commissioners provinces
• Federation was to consist of
  • British India
  • Princely states
• It was not compulsory for princely states to join
• This federation never materialized due to -> lack of support from required number of princely states
• How the Act of 1935 divided powers?
  • Act divided powers between
    • Centre
    • Provinces
  • There were 3 lists
    1. Federal List (Centre)
    2. Provincial List (Provinces)
    3. Concurrent List (Both)
  • Viceroy – Residual Powers

2. Provincial Autonomy

• Act gave -> more autonomy to provinces
• Diarchy to be -> abolished at provincial levels
• Governor to be -> Head of executive
• Council of Ministers to advise Governor
• Ministers
  • Responsible to provincial legislatures
  • Legislature controlled them and could also remove them
• Governors still retained special reserve powers
• British authorities could still suspend a provincial government

3. Indian Council

• Indian Council was abolished.
• Secretary of State for India would instead have a team of advisors

4. Reorganisation of Provinces

• Sindh was carved out of Bombay Presidency
• Bihar and Orissa were split.
• Burma – severed off from India
• Aden – separated from India and made a Crown colony

5. Divided powers between Centre & State Lists

• States –> Provinces , Princely States
• 3 Lists
  • Federal – Centre – 59 items
  • Provincial – Provinces – 54 items
  • Concurrent – Both – 36 items
  • Residuary Power – Viceroy

6. Abolished Dyarchy in Provinces

• Replaced by “provincial Autonomy’
• Provinces
  • Became Autonomous units
  • Got responsible Government
• Governor to act on advice of ministers –> responsible to provincial legislature
• Operational – 1937
  • Discontinued – 1937

7. Adopted Dyarchy in Centre

• Executive authority of centre was vested in Governor General on behalf of the Crown
• Federal subjects were divided into
  • Reserved 
  • Transferred 
• Reserved subjects
  • Defence, External Affairs, and matters of tribal areas
  • Administered by Governor General
    • in his discretion
    • with help of 3 counsellors appointed by him
    • they were not responsible to legislature
• Transferred subjects
  • Administered by Governor General
    • on advice of Council of Ministers – max 10
    • COM to be responsible to legislature
  • Governor General
    • had ‘special powers’ to interfere in transferred subjects
    • could act contrary to advice of COM if any of his ‘special responsibilities’ was involved
      • However, in that case Governor General would work under control and direction of Secretary of State

• 1. Council of States
  • Upper house
  • Permanent body
  • 1/3^rd members –> retired every 3rd year
  • 260 members
  • 156 – representatives of British India
  • 101 – representatives of Indian states
  • Representatives of British India
    • 156
    • 150 – elected communal basis
    • 6 – nominated by Gov-Gen from amongst women, minorities and depressed classes
  • Direct Election
    • seats reserved for Hindus, Muslims and Sikhs
  • Indirect Election
    • seats reserved for Europeans, Anglo-Indians, Indian Christians and Depressed Classes
  • Representatives of Pricely states
    • seat distribution basis importance of state, not population
    • nominated by rulers

• 2. Federal Assembly
  • Lower house
  • Tenure -> 5 years, but could be dissolved earlier also
  • 375 members
  • 250 – representatives of British India
  • 125  – representatives of princely states
  • seats reserved for princely states
    • filled by nominated members
  • provinces
    • given different numbers of seats
  • Election of Federal assembly was –> indirect

9. Provincial Legislature (Bicameral)

• In 6 out of 11 provinces
• 6 – Bengal, Bombay, Madras, Bihar, Assam, United Provinces

10. Provincial Autonomy

• most remarkable feature of the Act
• With abolition of Dyarchy at provinces, entire provincial administration was instructed to the responsible ministers who were controlled and removed by the provincial legislatures
• Provincial autonomy means two things
  1. Provincial Governments were wholly, responsible to provincial legislatures
  2. Provinces, were free from outside control and interference in a large number of matters.

11. Separate Electorate Extended

• For
  • Depressed Classes (SCs)
  • Women & Labour ( Workers )
• Thus Promoted –> communal Representation

12. Extended Franchise

• first time -> direct elections
•  About 10% of total population got voting rights

13. Provided to establish a central bank to control currency

14. Public Service Commission

• For Centre – Federal Pub Service Commissions
• Provinces – Provincial Pub Service Commissions
• 2 or more Provinces – Joint Pub Service Comm

15. Provided to establish Federal Court

• To interpret the Act and adjudicate disputes relating to federal matters, with 1 Chief Justice and 6 Judges
• A federal court was established
  • in 1937 at Delhi
  • for resolution of disputes
    • between provinces
    • between centre & provinces
  • 1 Chief Justice & not more than 6 judges
• Federal Court
  • had exclusive original jurisdiction to decide disputes between Centre & constituent units
  • had jurisdiction to grant Special Leave to Appeal
• Provision was made for filing of appeals
  • from High Courts to Federal Court
  • from Federal Court to Privy Council

16. Federal Railway Authority

• Act vested control of Railway in new authority -> Federal Railway Authority
• 7 members
• free from control of ministers & councillors
• members reported directly to Governor General
• idea was to assure British Stakeholders of railways that their investment was safe

17. Separation of Burnma

• Burma was proposed to be separated in pursuance of Simon Commission recommendations
• Burma Round Table Conference was held in London in 1932
• 1935 – Burma Act passed
• 1937 – Burma separated
• The first secretary of state for India and Burma -> Lord Dundas

18. Other Points

1. British Parliament retained supremacy over Indian legislatures both provincial and federal
2. This Act was replaced by Constitution of India after independence
   • Indian leaders did not favour it because despite provincial autonomy the governors and viceroy had considerable powers

Implications of GOI Act 1935

• The Federation of India never materialized as the act proposed that federation could come into existence only if as many princely states (which had been given option to join or not to join) were entitled to one half of the states seats in the upper house of the federal legislature.
• Due to this, Central Government in India continued to be governed by the provision of the Act of 1919
• However, some parts came into force
  • Federal Bank (The Reserve Bank of India) and Federal Court were established in 1935 and 1937 respectively
  • Provincial Autonomy : came into force : 1937
  • First elections : held in 1937

What happened to Dominion status?

• Simon commission had promised ‘Dominion Status’ for India in 1929 , but the Government of India Act did not confer it.
• Rather it provided separate electorates for Hindus, Muslims, Sikhs, Europeans, Anglo Indians, Indian Christians

• Author
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Sumit Teotia

Sumit is Creator and Author at learncrisp.com. He started this learning platform with a mission to emerge as an aspirants resource hub, especially for those preparing in self study mode. He loves writing and his interests are History, Security and Diplomacy.

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