The Government of India Act, 1935 was the most detailed constitutional change made by the British Parliament to govern India prior to its independence. This was the result of years of constitutional changes, nationalist agitation, and negotiations after the Simon Commission, Round Table Conference, Communal Award, and White Paper.
The Act provided for provincial autonomy, set up an All-India Federation, increased the franchise, set up a Federal Court, and redistributed the legislative powers. But a lot of discretion continued to lie with the British Governor-General and provincial Governors appointed under the Act. The envisaged federation did not come into force.
Background of Government of India Act, 1935
Following are some of the factors that led to the enactment of the Act,
1. Government of India Act, 1919
- The Montague-Chelmsford reforms introduced the system of dyarchy in the provinces, whereby provincial subjects were divided between the elected Indian ministers and officials. But this system did not fulfill the nationalistic requirements for responsible government.
2. Simon Commission, 1927
- The Simon Commission was constituted to assess the constitutional reforms but there was a mass boycott against this commission as it lacked any Indian members. This commission came up with important recommendations on constitutional reforms.
3. Round Table Conferences, 1930-1932
- Three Round Table Conferences took place in London on the constitutional future of India, including Federation, provincial autonomy, and minorities. No final agreement could be reached among the Indian parties.
4. Communal Award, 1932
- Communal Award was announced by British Prime Minister, Ramsay MacDonald in favor of the separate representation of different communities and groups.
5. White Paper, 1933
- British government’s White Paper of 1933 suggested the future constitutional shape of India.
Major Provisions of the Government of India Act, 1935
1. All-India Federation
The Act provided for an All-India Federation composed of,
- British Indian Provinces
- Princely States
But the Federation was never put into effect due to the failure of securing the necessary participation of princely states.
2. Provincial Autonomy
- One of the most significant aspects was that of provincial autonomy.
- The Act removed dyarchy in the provinces and conferred more powers upon the provincial government concerning the provincial subjects.
- This provision acquired special significance after the provincial elections of 1937, resulting in formation of Congress Ministries in certain provinces.
3. Dyarchy at the Center
- Although dyarchy was ended in the provinces, the Act suggested dyarchy at the federal level. But as the federal part of the Act was not implemented, the scheme could not be put into operation.
4. Legislative Subjects and Division
The Act had also classified legislative subjects into three lists,
- List Subjects
- Federal List Defence, foreign relations, communications
- Provincial List Police, public health, agriculture
- Concurrent List Criminal law, marriage, etc.
Residuary subjects were conferred upon the Governor General.
5. Bicameral System
Under this Act, six provinces were granted bicameral legislatures,
- Bengal
- Bombay
- Madras
- United Provinces
- Bihar
- Assam
All these provinces had Legislative Assembly and Legislative Council.
- 6. Increase in the Franchise
- This Act greatly increased the number of voters as compared to any other previous constitutional change.
- But voting right was not based on universal adult franchise. It depended upon qualifications such as possession of certain property, income or education.
- Hence, only a few Indians were eligible to cast votes.
7. Federal Court
- The Act provided for the creation of a Federal Court that came into existence in 1937.
- It was concerned with constitutional cases and interpretation of the Act, but the Privy Council in London continued to be the highest appellate court.
8. Separate Electorates
- The Act continued and extended the provisions for separate electorates and communal representation.
- Various groups and interests were represented and this resulted in the communal political agendas continuing.
9. Powers of the Governor-General
Though many reforms were made, the Governor-General continued to have wide powers.
These were exercised in relation to,
- Defense
- Foreign relations
- Financial stability
- Security
- Constitutional guarantees
These helped maintain the supreme power of the British at the center.
10. Provincial Governors
- Provincial Governors also had considerable discretionary powers despite the existence of provincial autonomy.
- They could intervene in provincial administration under some conditions, and also had some special responsibilities to safeguard British interests.
11. Public Service Commissions
The Act has also provided,
- Federal Public Service Commission
- Provincial Public Service Commissions
- Joint Public Service Commissions
These bodies helped to recruit and administer the public services.
12. Abolition of the Council of India
- The Act also provided for the abolition of the Council of India that had been set up under the Government of India Act, 1858.
- The Secretary of State for India would now be assisted by advisers.
Importance of the Government of India Act 1935
Despite its weaknesses, the Act was of importance.
Foundations of Federalism in India
- The powers that were divided between various tiers of government in the Act were to shape the future federal setup of India, as seen in the Constitution of India.
Provincial Self-Rule
- With the elimination of dyarchy and introduction of provincial autonomy, Indian politicians got more opportunity to learn about governance.
Increased Political Representation
- The increased electoral body meant more participation of Indians in politics.
Experience in Parliamentary Governance
- The election of 1937 enabled Indian political parties, notably Congress, to get experience of governing via elected bodies.
Influence on Constitutional Developments
- A number of institutions which were a part of the Government of India Act 1935 had an influence on India’s constitution.
Criticism of the Government of India Act 1935
Though the Act was one of the significant constitutional reforms, there were many flaws with it.
1. Lack of Complete Independence
- The Act failed to grant the complete independence to the nation of India and the sovereignty of Britain continued.
2. Arbitrary Powers of Governors
- The Governor and the Governor-General had too many discretionary powers that restricted responsible government.
3. Non-Formation of Federation
- All-India Federation was never formed due to lack of cooperation from princely states.
4. Partial Franchise
- There was an increase in the number of voters but not complete adult suffrage.
5. Communal Electorates
- Separate electorates for the different communities kept communal politics alive.
6. Sovereignty of British Parliament
- The Act was a British law and sovereignty of the constitution lay with the British Parliament.
Reactions of Indians to the Act
Indian National Congress
- While the Act did not provide for full responsibility and independence, the Congress resolved to participate in the elections of 1937 and consequently formed ministries in certain provinces.
Muslim League
- While the League participated in the constitutional exercise, it aimed to use the electoral system for protecting its political interests as well. The electoral success of the League in 1937 was less than that of the Congress in many provinces.
Princely States
- Many of the princely rulers were hesitant to join the proposed federation due to fears about their autonomy and association with the center.
British Government
- For the British, the Act was a move to meet the growing need for Indian participation while keeping some safeguards of empire intact.