Government of India Act 1935: History, Features, Significance-UPSC Notes

What is the Government of India Act of 1935?

The Government of India Act 1935 was a significant constitutional reform enacted by the British Parliament with 451 clauses and 15 schedules. The Act granted provincial autonomy, expanded the electorate to 10%, and created a Federal Court. It introduced elected legislatures and Indian ministers but retained key powers for the British Crown and Governor-General, including control over defence, foreign affairs, and veto authority. These limitations fueled the demand for full Independence.

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By the late 19th century, Indians increasingly demanded a greater role in their governance. Their support during the First World War led to the Government of India Act 1919, introducing "diarchy"—a division of provincial powers between Indian ministers and British officials. This system proved ineffective, sparking further discontent. The Simon Commission's early review proposed removing diarchy and increasing provincial autonomy but faced backlash, leading to the Round Table Conferences. However, key disagreements, especially between Congress and Muslim leaders, blocked consensus. Eventually, the Government of India Act 1935 was passed, aiming for reform. Yet, the lack of Indian input and retained British control caused dissatisfaction in India and conservative fear in Britain.

• The Act was based on the recommendations of the Simon Commission. The British government had appointed the commission to study the Indian political situation and suggest reforms.
• The Act was further shaped by the discussions and agreements of the three Round Table Conferences held in London between 1930 and 1932. This involved representatives from the British government and various Indian political parties.
• The final version of the Act was passed by the British Parliament in 1935 and came into effect in 1937, after a period of transition and preparation.

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Objectives of the Government of India Act 1935

The federal aspect of the Act aimed to align with the goals of the Conservative Party. In the long term, Conservative leaders envisioned a dominion-status India under British influence, dominated by Hindu princes and right-wing Hindus. The Act's medium-term objectives included:

• Gaining Moderate Nationalist Support: The Act aimed to win the backing of moderate nationalists by envisioning eventual dominion status akin to Independence.
• Maintaining British Control: British control over the Indian Army, finances, and foreign relations was intended to be retained for another generation.
• Securing Muslim Support: The Act sought to secure Muslim support by conceding most of Jinnah's Fourteen Points.
• Persuading Princes to Join the Federation: The Act aimed to convince princes to join the federation with conditions for entry unlikely to be surpassed.
• Terms for Princes: Princes would select their state's representative in the federal legislature without pressure for democratization or state elections. The princely states, constituting a quarter of India's population and wealth, would enjoy significant representation.

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Features of the Government of India Act 1935

The British parliament passed the GoI Act 1935 in August 1935 to satisfy the nationalist demands for a responsible government in India. Its salient features are as follows:

All India Federation

All British Indian provinces, the Chief Commissioner’s provinces, and Indian states (princely states) were to be organized into a federation. However, this was contingent upon the following conditions:

• States with at least 52 allotted seats in the proposed council of states agree to join the federation
• The aggregate population of the above states must be at least 50% of the total population of Indian states

(Since these conditions were never met, the government of India continued to be carried out according to the Govt of India Act 1919 up to 1946).

Federal Executive

• The Governor-General remained the pivot of the administration.
• The Dyarchy system was introduced. It means the rule of two: the elected Council of Ministers and the Governor-General.
• Subjects of administration were divided into two categories: Reserved Subjects, which were to be administered by the Governor-General on the advice of executive councillors who were not responsible to the legislature, and Transferred subjects, which were to be administered by the Governor-General on the advice of the elected Council of Ministers.
• Reserved subjects included Defence, External Affairs, Tribal areas, and Ecclesiastical affairs (i.e., relating to church and clergy). All other subjects were transferred.
• The Council of Ministers was to be responsible to the legislature.
• The Governor-General retained discretionary powers concerning India's ‘security’ and ‘tranquillity.’

Federal Legislature

• The Government of India Act 1935 introduced a Bicameral Legislature at the federal level. The Council of States was the upper house with directly elected members from the provinces and members nominated by the princes in a ratio of 60:40. It was a permanent body like the present-day Rajya Sabha, with one-third of members retiring every five years. The Federal Assembly was the lower house, with members indirectly elected from the provinces and nominated by the princes in a ratio of 2:1.
• Legislative matters were divided into three lists: Federal, Provincial, and concurrent. This arrangement has been retained in the present-day Constitution of India under the Seventh Schedule.

Provincial Government

The 1935 Act introduced Provincial autonomy, which replaced the dyarchy system provided under the GoI Act 1919.

• Provincial autonomy meaning: The provinces were granted a separate legal identity. They were freed from the directions and control of the Governor-General and the Secretary of State of India. Henceforth, they derived their legal authority directly from the British crown. They were also given autonomy in financial matters related to borrowing and expenditure.
• Executive: The Governor remained the crown’s representative to exercise authority on the king’s behalf. He retained discretionary powers with minorities, civil services, tribal areas, princely states, etc.
• Legislature: All members were to be directly elected. Jurisdiction of the legislature extended to all subjects in the provincial list. Ministers were to be responsible to the legislature. Thus, they could be removed in case of a majority vote of the members.

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Significance of the Government of India Act 1935

The Government of India Act 1935 was a landmark legislation that laid the foundation for provincial autonomy and a federal structure in British India. It marked a major step toward self-governance for Indians under British rule.

• The Government of India Act 1935 was a second milestone in developing a responsible government in India. It introduced responsibility through dyarchy at the federal level and autonomy at the provincial level.
• The 1935 act introduced direct elections at the provincial and federal level, thus heralding the start of democracy, albeit in baby steps.
• The concessions in the GoI Act of 1935 increased the political prestige of the Indian National Congress and the morale of the Indian freedom fighters. This would prove helpful in motivating further political struggle for an independent India.
• Large goals like Independence from an imperialist power through non-violent agitation can only be achieved through small steps. The 1935 Act was one such step.

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Role of the Act in the Formation of the Constitution

The Government of India Act 1935 played a significant role in the formation of the Indian Constitution after the country gained Independence in 1947. While the Act was ultimately a product of British colonial rule, it laid the groundwork for the future constitutional framework of independent India.

• The Act introduced a federal system of government, with a central government and autonomous provincial governments, which became the basis for the federal structure of the Indian Constitution.
• It also established the groundwork for the bicameral legislature. A Council of State (upper house) and a Federal Assembly (lower house) were incorporated into the Indian Parliament.
• The Act's provisions for the distribution of powers between the central and provincial governments, as well as the establishment of a system of governance, served as a foundation for the Indian Constitution.

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Limitations of the Government of India Act 1935

The Government of India Act 1935 had significant limitations, including lack of full Indian participation in drafting and continued British control over key areas. It failed to grant India complete self-rule or dominion status.

• Citizens of the princely states were not given the right to elect their representatives, as members were to be nominated by the princes.
• No direct elections for members of the Federal Assembly.
• The communal and class-based electorates system was further extended, thus dividing India further on these lines.
• 80 per cent of the federal and 40 per cent of the provincial budgets needed to be revised.
• The governor-general retained the power to certify bills rejected by the legislature, restore cuts in grants, issue ordinances, and exercise veto. These powers negated the significance of all provisions of responsible government.
• In the provinces, the Governor retained the right to dismiss the government and carry out administration indefinitely, thus negating the significance of provincial autonomy.
• The franchise was extremely limited to around 14% of the population.
• A rigid constitution was provided, with the right to amendment in the hands of the British parliament.

Key Takeaways on Government of India Act 1935 for UPSC Aspirants! Bicameral Legislature: The Act introduced a bicameral legislature at the Centre, consisting of the Council of States and the Federal Assembly. This was a major step towards the development of a parliamentary system. Division of Powers: It divided the powers between the Centre and the provinces into three lists - Federal List, Provincial List, and Concurrent List. This laid the foundation for the division of legislative powers in independent India. Dyarchy Abolished at the Provincial Level: The Act abolished the system of dyarchy in the provinces. This had been introduced by the Government of India Act of 1919. However, dyarchy was introduced at the Centre. Governor’s Powers: The Act granted extensive powers to the Governors of provinces. This included discretionary powers and the power to act independently of their ministers. This was a point of contention as it limited the autonomy of provincial governments.

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