Government of India Act 1935

The Government of India Act 1935 was the longest act passed by the government of India in August 1935. This act was kept under the British Act of Parliament and adopted from the parliament of the United Kingdom. This act originally received royal assent in August 1935. The Government of India Act 1935 was the longest act of British parliament and they passed as a law after Greater London Authority Act 1999 surpassed it. To reduce the length of the Act, they kept the act into two. They are the Government of India Act 1935 and the Government of Burma Act 1935. This article will clearly discuss the main features of the Government Of India Act 1935. 

Government of India Act in British Rule 

The Government of India Act 1935 was played an important role in creating a turning point for making an independent India and for the constitutional development of India. This act was a second milestone for creating a complete government of India. Through this act, they ended Diarchy and provided the establishment of all India Federation. This act was served as an experiment of provincial autonomy. The Government of India Act 1935 has provided the federation for 50% of the Indian states. Also, the British government also had a  large number of representatives in the two houses of the central legislature. 

According to the  Government of India Act 1935, it provided an improvement on the existing position of provinces. It paved way for the provincial autonomy. This act is responsible to the legislature and provincial governments. This act increased the power of the legislature. But, this act limited the right to vote responsibility for people. Because through this act only 14% of the population got the right to vote status. Through this act, they appointed the British people as the governor-general and governors, but the British governor-general and governors are not responsible for the legislatures. 

Government of India Act 1935: Main Features

Through the Government Of India Act 1935, It has established the All-India Federation consisting of provinces and princely states as units. This act divided the powers between the centre and units. Further, they created three lists. They are the Federal list, Provincial List and the Concurrent List. The Federal list is mainly for centres and it contains 59 items. The provincial list is mainly for provinces and it contains 54 items. The Concurrent list is for both centre and provincial and it contains 36 items. Through this Act, the viceroy got the residuary powers. But this act never explained about the federations and the princely states did not join it.

The Government Of India Act 1935 has abolished the dyarchy in the provinces. Instead, it introduced the ‘provincial autonomy’. These provinces were allowed to act as autonomous units of administration in their defined spheres. This act also introduced responsible governments in provinces. According to this act, the governor needs to act by the advice of ministers responsible to the provincial legislature. This rule came into effect in 1937 and was discontinued in 1939. 

This act facilitated the adoption of dyarchy at the Centre. They also divided federal subjects into two, they are reserved subjects and transferred subjects. But this provision of the Act never came into operation. 

The Government of India Act introduced bicameralism in six out of eleven provinces. The bicameralism consists of a legislative council (upper house) and a legislative assembly (lower house). The legislatures that got bicameralism are Bengal, Madras, Bombay, Assam, Bihar and the United Provinces. People from many places restricted bicameralism. 

The Government Of India Act 1935 extended the principle of communal representation by providing separate electorates for labours, women and depressed classes. 

The Government Of India Act 1935 abolished the Council of India, which was established by the Government of India Act of 1858. A team of advisors was provided with the secretary of state for India 

The Government of India Act 1935 extended franchise. According to this act, only 10% of the total population got the right to vote.

The Government of India Act 1935 played an important role in the establishment of a Reserve Bank of India. The reserve bank of India took charge of controlling the currency and credit of the country.

One of the Government Of India Act 1935 main features is, it was established not only for a Federal Public Service Commission but also for the Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

The Government of India Act 1935 also paved way for the establishment of a Federal Court. The Federal court was set up in 1937 in India. 

History Behind Introduction Of Government of India Act 1935

From the late 19th century, Indians are started rising demand on playing great role under the rule British rule of the country. After seeing the Indian’s contribution to the  British war during the first world war, the British government felt it is important to make many constitutional changes in India. So, the British government introduced the  Government of India Act 1919. This act introduced a novel system of government known as provincial "diarchy". So, the government kept certain areas like education in the hands of ministers, who are responsible for the provincial legislature. But, the British government kept all other provisions like finance in the hands of the British governor. This act was created due to the high demand for Indians. This created fear among British rulers about their control and practices in India. 

According to the Government of India Act’s experiment with dyarchy proved unsatisfactory. Because even Indian politicians gained nominal control, they cannot do anything above the hands of British officialdom. 

India’s constitutional arrangements were made after the introduction of the Government of India Act 1919. This event was reviewed and conducted by the Simon Commission. Because Simon commission was proposed the scrapping of diarchy. The introduction of the Simon Commission was a much larger degree of responsible government in the provinces. This proposal created controversies in British. Because it demonstrating the rapidly widening gulf between British and Indian opinions. 

Even though the Simon Commission took evidence in India, Indian Congress has not accepted it and started opposing it.  The Indian congress stood strong to involve Indians in all the work powerfully, they attempted to create a new constitutional framework. India’s major political parties with politicians from all states have a round table conference in the early 1930s. 

In March 1933, the new Conservative-dominated National Government in London drafted its own proposal and named it a white paper proposal. Lord Linlithgow, a chairperson of the joint parliamentary select committee reviewed the white paper proposals for one and half a year from April 1933 to November 1934. Winston Churchill ans other backbenchers were opposed the proposal.  After the emollient speech of Conservative leader Stanley Baldwin, the  House of Commons approved the Joint Select Committee report during December. Stanley Baldwin was the one who started the principled position of the bill’s opponents. Through that, he was not wished to feelings in his own party to become permanently embittered.

Based on the white paper proposal, the Government of India Bill was drafted with  473 clauses and 16 schedules. This report was contained 4000 pages of Hansard. This act received Royal Assent and was passed and passes as law on 02nd August 1935. At the end of this process, the Government Of India Act 1935 was introduced to satisfy the Indians demands. 

The main objective of the Government of India Act 1935 is to create the Government of India under the control of the British Crown. The British crown will overrule the authorities and coordinate the functions of the government of India. But the crown did not retain in executive functions. All this are absent in the earlier Acts passed for India. The Government of India Act 1935 was served as most useful purposes by the experiment of provincial autonomy. So, this act remained a turning point of constitutional development in India.