The Government of India Act, 1935: A Comprehensive Analysis

The Government of India Act, 1935: A Comprehensive Analysis

The Government of India Act, 1935, is one of the most significant legislative measures in the constitutional development of India. Regarded as a critical step towards self-governance, it laid the groundwork for India’s federal and provincial administration. Despite its limitations, it influenced the framing of the Indian Constitution in 1950. This act was extensive, with 321 sections and 10 schedules, and remains a vital historical document in the narrative of India’s journey to independence.

Background and Objectives

Historical Context

The Act was a result of extensive deliberations, starting with the Simon Commission (1927), the Round Table Conferences (1930-32), and the White Paper on Constitutional Reforms (1933). The British Government aimed to address Indian demands for greater autonomy while retaining ultimate control.

Key Objectives of the Government of India Act, 1935:—

1. To introduce responsible government in provinces.
2. To establish an All-India Federation.
3. To safeguard British interests while addressing Indian aspirations for autonomy.

Key Features of the Government of India Act, 1935:—

1. Establishment of an All-India Federation

● Composition:— The Federation was to consist of British Indian provinces and princely states as units.
● Division of Powers:— Powers were divided among:
(i) Federal List: 59 subjects under central control (e.g., defense, foreign affairs).
(ii) Provincial List: 54 subjects under provincial control (e.g., public health, education).
(iii) Concurrent List: 36 subjects shared by both (e.g., criminal law, marriage).
(iv) Residuary Powers: Vested in the Governor-General.
● Non-Implementation: The Federation never materialized as princely states refused to join.

2. Provincial Autonomy

● Abolition of Dyarchy:— The Act ended the dyarchy system in provinces (introduced in the Government of India Act, 1919).
● Autonomous Provinces:— Provinces became independent administrative units within their jurisdiction.
● Responsible Government:— Governors were required to act on the advice of ministers responsible to the provincial legislature.
● Implementation:— Provincial autonomy was implemented in 1937 but suspended in 1939 during World War II.

3. Dyarchy at the Centre

● Division of Subjects:— Federal subjects were categorized into:
● Reserved Subjects:— Administered by the Governor-General with no ministerial responsibility.
● Transferred Subjects:— Managed by Indian ministers responsible to the legislature.
● Non-Operation:— This provision was never implemented due to the non-establishment of the Federation.

4. Bicameral Legislatures

● Introduction in Provinces:— Bicameral legislatures were introduced in six provinces:

● Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.

Structure:—
● Legislative Council (Upper House).
● Legislative Assembly (Lower House).
● Limitations:— Despite bicameralism, significant restrictions limited legislative powers.

5. Special Representation

● Depressed Classes:— Reserved seats were allocated for the Scheduled Castes in legislatures.
● Other Groups:— Special representation was extended to:— Women, labour, and minorities.
● Impact:— These provisions aimed to ensure political inclusion of underrepresented groups.

6. Abolition of the Council of India

● Background:— The Council of India was established by the Government of India Act, 1858, to assist the Secretary of State for India.
● Changes:— The Council was abolished, and the Secretary of State was provided a team of advisors.

7. Extension of Franchise

● Eligibility:— Voting rights were extended to approximately 14% of the population, based on:

• Property ownership.
• Payment of taxes.
• Educational qualifications.
  ● Limitations:— Despite the extension, the majority of Indians remained disenfranchised.

8. Establishment of the Reserve Bank of India

● Purpose:— The Act led to the creation of the Reserve Bank of India in 1935.
● Functions:— The RBI was tasked with:

• Managing currency and credit.
• Regulating banking operations in the country.

9. Public Service Commissions

Expansion:
● Federal Public Service Commission:— Oversaw recruitment for central services.
● Provincial Public Service Commissions:— Handled provincial recruitments.
● Joint Public Service Commissions:— For recruitment in two or more provinces.

10. Establishment of a Federal Court

● Creation:— A Federal Court was established in 1937 to adjudicate disputes:
● Between provinces.
● Between provinces and the Centre.
● Jurisdiction:— The Court’s jurisdiction extended to constitutional matters and appeals.

11. Separation of Burma

● Administrative Reorganization:— The Act separated Burma (now Myanmar) from India, effective April 1, 1937.
● Reason:— To streamline governance and address administrative complexities.

12. Creation of New Provinces

• Orissa and Sind were established as separate provinces.
• Impact:— This reorganization aimed to improve administrative efficiency and address regional demands.

13. Safeguards for Minorities

● Protections:— The Act provided safeguards for the rights and interests of minorities, including:

• Religious minorities.
• Scheduled Castes.
• Women.
• Criticism:— While protective in intent, these measures were viewed as divisive.

14. Federal Railway Authority

● Purpose:— The Act provided for the establishment of a Federal Railway Authority.
● Functions:— It was responsible for managing railway administration across India.

15. Appointment of Auditor-General of India

● Role:— The Auditor-General was tasked with auditing the accounts of:

• The Centre.
• The provinces.
• Significance:— This position ensured financial accountability and transparency.

Significance of the Act

1. Foundation for the Indian Constitution

The division of powers and bicameral legislatures influenced the drafting of the Constitution of India (1950).

2. Expansion of Provincial Autonomy

Provinces experienced greater administrative freedom and legislative powers, albeit for a short period.

3. Increased Representation

The extension of voting rights and reservation for marginalized groups marked steps toward inclusive governance.

Criticism of the Act

1. Centralized Power:— The Act retained significant powers with the Governor-General and British Government, limiting Indian self-rule.
2. Dyarchy at the Centre:— The concept of dyarchy at the central level was complex and unworkable, leading to its non-implementation.
3. Limited Franchise:— Only 14% of the population could vote, excluding the vast majority of Indians.
4. Communal Representation:— Separate electorates for minorities perpetuated communal divisions, undermining national unity.

Legacy of the Government of India Act, 1935

1. Transition to Independence:—
   ● The Act bridged the gap between colonial governance and Indian independence.
   ● Its provisions were adopted and expanded in the Constitution of India.
2. Administrative Reorganization:— The creation of new provinces and separation of Burma streamlined governance.
3. Institutional Development:— Institutions like the RBI and Federal Court remain cornerstones of Indian administration.
4. Foundation for Federalism:— The Act’s federal structure served as a blueprint for India’s post-independence federal system.

Conclusion

The Government of India Act, 1935, was a watershed moment in India’s constitutional history. It marked a significant, albeit incomplete, move toward self-governance. While it introduced progressive measures like provincial autonomy, bicameral legislatures, and institutional safeguards, its centralized control and limited franchise reflected the British intent to maintain dominance. Despite its shortcomings, the Act laid the foundation for India’s eventual independence and served as a precursor to the Indian Constitution. It remains a pivotal document in understanding the evolution of governance in India.

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