Government of India Act 1935

Following the Act of 1919, the Government of India Act of 1935 was the country's second major turning point towards full, responsible governance. In 1935, the British government enacted this legislation, which contained 321 sections and 10 schedules, making it one of the most extensive laws at the moment. Moreover, it served as the last constitution of British India before the division of the country into India and Pakistan in 1947. After the act was approved, the government realised it was too long to be effectively controlled; thus, for the act to work as intended, it was divided into two parts The Government of India Act, 1935 and The Government of Burma Act,1935.

How did the Act come into force?

• For the country to be forced to adopt the self-government form, the Government Act of 1919 was completely inadequate and contained too few measures.

• The act's provisions fell short of what the nation's citizens believed to be their true national aspirations.

• Following that, numerous conversations resulted in the Rowlatt Act being passed that same year. Following the publication of the Simon Commission Report, it became apparent that several aspects of the report were lacking, prompting a consultation with the Indian community representatives at the time at the Round Table meeting in London.

• The topic was debated at the round tables in 1930, 1931, and 1932, in that order.

• Based on the government's report, it established a committee with 20 representatives from British India (seven of whom were from Indian states and five of whom were Muslims).

• The committee deliberated on the matter during its 1933 session and, following extensive discussion and the production of white papers, issued a report at the end of 1934 recommending the passage of the act.

• Subsequently, the issue was brought before the parliament, which granted its approval to enact the legislation. This act was passed in 1935 and gained the name Government of India legislation, in 1935.

• The Nehru Report, the Lothian Report, the Simon Commission Report, the White Papers, and the Joint Selection Commission Report served as the primary sources of provisions and material for the legislation.

• The Indian leaders who pushed and battled to implement this legislation to bring about reforms in the nation were among the causes for their enactment.

Background of Government of India Act,1935

• Indian officials were increasingly calling for constitutional changes in their country.

• The British recognition of the necessity of including more Indians in domestic governance was facilitated by India's assistance to Britain during World War I.

• Make decisions following the Simon Commission Report, recommendations from the Round Table Conferences in 1933, the British White Paper of 1933, and the Joint Select Committees Report.

Establishing an All India Federation

• The major states and the territories under British India were expected to be part of this alliance.

• The major states had the option to become members of this alliance, but the territories within British India were obligated to do so.

• The required amount of princely states did not back this union, so it was never established.

What makes the act important?

The act is very significant in Indian history, and the following aspects highlight its significance:

• The act's implementation terminated the dyarchy system by granting British India greater autonomy for better governance through the establishment of provincial autonomy and dyarchy at the centre.

• Following a revision to the 1919 split, the federal subjects were divided between the centres and the provinces.

• This action is crucial because it establishes a relationship of Dominion Status, which rekindles the people's desire for Independence.

• The act's principal goal was to provide the Governor General with the authority to interpret the constitution and arbitrate disputes among the populace.

• The act's protection of minorities' rights, including women's rights, was one of its most essential provisions.

Salient Features of the Government of India Act, 1935

Key Elements of the 1935 Government of India Act;

1. The act's introduction of a dyarchy at the federal level of governance was its most significant component.

2. The primary goal of the act was to realise the national aspirations.

3. The act provided a framework for the creation of an all-India Federation and a federal system of governance.

4. By splitting the central government and its units under three lists—the Federal List, Provincial List, and Concurrent List—the legislation created the federal form of government that is still in place in our Indian constitution. The viceroy retained the remaining powers.

5. Two new states, Sindh and Orissa, were formed as a result of the states' separation.

6. The act increased voting privileges for the general population by 10%, which was a fantastic way to give people more rights.

7. A federal court was established in 1937 as per the act's provisions.

8. The act provided for the establishment of an advisory body in India and eliminated the Indian Council.

9. The act separated Burma from India and reorganised some regions.

10. The Reserve Bank of India was established to regulate the country's currency and the flow of credit through the economy.

How did the Government of India Act 1935 split powers?

This Act established a division of powers between the Centre and the provinces.

• Each government had three lists of subjects;

1. Federal (Centre)

2. Provincial (Provinces)

3. Concurrent (Both)

• The residual power belonged to the Viceroy.

Significant changes brought about by the act

Below are some of the modifications introduced by the GOI in 1935, followed by the details:

1. Provincial autonomy

Under the Act, the provinces became more self-governing. The Governor was head of the executive branch, advised by the Council of Ministers. The Ministers were accountable to the provincial legislatures, which controlled them. The lawmakers might also take away the Ministers. The Governors kept unique reserve powers, and the British officials had the ability to halt a provincial government.

2. Diarchy

The subjects on the Federal List are segmented into two groups: “Reserved” and “Transferred”. The designated topics are managed by the Governor General, who oversees them with the help of three Councillors selected by the Governor General. These Council members are not answerable to the Australian government. The topics on the exclusive list cover defence, matters related to the church, external issues, print and digital media, law enforcement and taxes, justice and energy resources, and issues concerning tribal communities. The Governor-General oversaw the transferred territories through a Cabinet of up to 10 members. This Cabinet functioned alongside the House of Commons and the House of Senate in making decisions. The topics covered in this list ranged from but were not restricted to, municipal governance, timber management, schooling, and medical care. Additionally, the Governor-General possessed unique authority to meddle with the subjects that were transferred.

3. Bicameral Legislature

The national government would be made up of two chambers. The lower chamber would be known as the Federal Assembly, and the upper chamber would be called the Council of State. Members of the Federal Assembly would serve a five-year term.

Additionally, both chambers included members who represented the princely states. These representatives from the princely states were chosen by the monarchs and were not selected through an election process. On the other hand, representatives from British India underwent an election. A few of these representatives were also appointed by the governor-general. In certain provinces like Bengal, Madras, Bombay, Bihar, Assam, and the United Provinces, a bicameral legislature was also established.

4. Federal Court

A federal court was established in Delhi to resolve conflicts among states as well as between the federal government and the states. The court was to consist of a Chief Justice and a maximum of six judges.

5. Indian Council

The Indian Council has also been disbanded. Rather than that, the Minister of State for India will receive support from a group of advisors.

6. Franchise

This legislation was the inaugural instance in Indian history where elections were conducted directly.

Reorganization;

• Sindh was split away from the Bombay Presidency.

• Bihar and Odisha were partitioned.

• Burma was cut off from India.

Aden was also removed from India and set up a Crown colony.

Additional points

• The British Parliament continued to wield authority over the Provincial and Federal Legislative bodies in India.

• The Indian Railways were set up to be overseen by the Federal Railway Authority.

• The Indian Reserve Bank came into being.

• The legislation created the Federal, Provincial, and Joint Public Service Commissions.

• This legislation signified a significant shift in India's history of accountable constitutional rule.

• The Act established the Federal, Provincial and Joint Public Service Commissions.

• The Act marked a turning point in India’s history of responsible constitutional governance.

• The GOI Act was replaced by India’s Constitution of India upon independence.

• Indian leaders were highly critical of the Act because, despite granting provinces autonomy, the Governor and the Viceroy had wide-ranging ‘extraordinary powers.’

• The separate communal electorates were a means by which the British sought to ensure that the Congress Party would never be able to govern alone. It also served to divide the nation.

Defects in the Act of 1935

Some of the primary shortcomings of the 1935 statute include the following:

1. The Act provided provincial legislatures with more Indian representation, but it also retained substantial British control over the central government, thus limiting Indian self-rule.

2. The Act gave India a convoluted federal government. It was challenging to effectively install and manage this framework. Conflicts and ineffective operations were frequently the outcome of the central and provincial governments' separation of responsibilities.

3. The Act designated Finance, Foreign Affairs, and Defence as "reserved subjects," meaning that they continued to be directly under British authority. As a result, the elected officials in India had less authority over important policy matters.

4. Without consulting or soliciting a vote from Indian political parties or the general public, the law was passed by the British parliament. Many Indians believed that the Act lacked popular legitimacy.

5. The social and economic injustices and inequalities that are present in Indian society were not addressed by the Act. Not addressed by the Act were socio-economic issues such as land reforms, economic exploitation, and caste discrimination. The urgent societal problems that caused general discontent were not addressed by this.

6. India's aspirations for self-government were granted some minor concessions by the Act, but in the end, British sovereignty in India and colonial control over significant institutions were maintained.

Conclusion

The Government of India Act of 1935 established a federal system of governance in India. State authority was delegated to the central government, while the federal government oversaw the state. People who felt that the states would become the centre's slaves and that their authority would be curtailed fiercely opposed this feature. The government is not a democracy because only 10% of the people are allowed to vote.