Government of India Act 1935
Background of the Government of India Act 1935
In November 1927 (2 years before the schedule review of the Government of India Act 1919), the British Government announced the appointment a seven-member statutory commission under the chairmanship of Sir John Simon to report on the condition of India under its new Constitution. All the members of the commission were British and hence, all the parties boycotted the commission. The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on. To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states. On the basis of these discussions, a ‘White Paper on Consitutional Reforms’ was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament chaired by Lord Linlithgow. The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act 1935. In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities, which came to be known as the Communal Award. The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo- Indians and Europeans but also extended it to the depressed classes (scheduled castes). Gandhiji was distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto death in Yeravada Jail (Poona) to get the award modified. At last, there was an agreement between the leaders of the Congress and the depressed classes. The agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.
Overview of the Government of India Act 1935
The Government of India Act 1935 was the longest Act of British Parliament ever enacted by that time. It had 321 sections and 10 schedules. Because of its length, the Act was split into:
- The Government of India Act 1935
- The Government of Burma Act 1935
The Act marked a second milestone towards a completely responsible government in India. The Government of India Act 1935 was based on the report of the Simon Commission, discussions of the round table conferences and the reports of the joint select committees.
Features of the Government of India Act 1935
- It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The proposed all India federation included 11 provinces of British India, 6 Chief Commissioners Provinces and those princely states who might accede to the federation. Joining the federation was compulsory for the British Provinces and chief commissioner’s provinces. For princely states, the accession to the Federation was voluntary.
The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.
- It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. There were to be no Reserve Subjects and no Executive Council in the provinces. The Council of Ministers was to administer all the provincial subjects except in certain matters like law and orders etc. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. The ministers were chosen from among the elected members of the provincial legislature and were collectively responsible to it. However in the event of political breakdown, the governor, under the supervision of the Viceroy, could take over total control of the provincial government.
- It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. The reserved subjects were to be administered by the Governor-General on the advice of executive councilors (Not exceeding 3 in number), while transferred subjects were to be administered on the advice of the ministers (Not exceeding 10 in number). However, this provision of the Act did not come into operation at all. The proposed federal legislature was bicameral body consisting of the Council of States (Upper House) and the Federal Assembly (Lower House).
Council of States: The Council of States was to be upper house and a permanent body with one third of its membership retiring every 3rd year. It was to be composed of 260 members of which 156 were to be representatives of British India while 101 of the Indian states. The 150 out of 156 representatives of British India were to be elected on communal basis while six were to be nominated by Governor General.
- It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.
- It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labor (workers).
- It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
- It extended franchise. About 10 per cent of the total population got the voting right.
- 8. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
- It provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
- It provided for the establishment of a Federal Court, which was set up in 1937.
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