A detailed analysis of the Government of India Act, 1935, discussing its federal structure, key provisions, provincial autonomy, and its significant impact on India's path to independence.
Government of India Act 1935
The Government of India Act, 1935 was the most comprehensive legislation passed by the British Parliament in colonial India. Drawing from the Third Round Table Conference, it introduced federal provisions, provincial autonomy, and a bicameral legislature. Its long-term impact shaped constitutional developments, nationalist responses, and the trajectory of India’s independence movement.
Government of India Act 1935: Main Provisions, Features, and Impact
Introduction and Main Features of the Act
The Act of 1935 was designed as a blueprint for federal governance in India, though many provisions remained unimplemented due to political realities.
Passage of the Act
(i) Passed in August 1935 by the British Parliament.
(ii) Based on recommendations of the Third Round Table Conference.
Proposed Federation
(i) Envisioned an All-India Federation of British Indian provinces, chief commissioners’ provinces, and princely states.
(ii) Never came into effect as princely states did not accede.
Governance Continuation
(i) Central administration continued under the Government of India Act, 1919.
(ii) This arrangement lasted until 1946.
Federal Level Executive under the Act
The Governor-General remained the linchpin of the colonial structure, exercising wide powers over reserved and transferred subjects.
Governor-General
(i) Central authority with overarching control.
(ii) Exercised independent judgment in security and public tranquility matters.
(ii) Transferred: Managed by ministers responsible to the federal legislature.
Legislature under the Act
The Act created a bicameral legislature, dividing authority between a Council of States and a Federal Assembly.
Structure of Legislature
(i) Council of States: 260 members, partly elected, partly nominated by princes.
(ii) Federal Assembly: 375 members, partly indirectly elected, partly nominated.
Legislative Powers
(i) Authority divided into federal, provincial, and concurrent lists.
(ii) Oddity: Council elected directly, Assembly indirectly.
Governor-General’s Legislative Powers
(i) Held residuary powers.
(ii) Could restore grants, certify bills, issue ordinances, and exercise veto.
Provincial Autonomy
The Act replaced dyarchy with provincial autonomy, granting legal identity and greater financial control to provinces.
Key Features
(i) Provinces became autonomous units with independent budgets.
(ii) Members of legislatures directly elected with expanded franchise.
(iii) Provincial ministers answerable to legislatures.
Governor’s Role and Powers
(i) Governor, as the Crown’s nominee, had overriding authority on minorities, law and order, and British interests.
(ii) Could refuse assent, promulgate ordinances, and assume control of administration.
Evaluation of the Act
The Act was criticized for centralizing authority in colonial officials while promoting divisive policies in the electoral framework.
Safeguards and Limitations
(i) Overriding powers of Governor-General and provincial governors undermined autonomy.
Electoral System
(i) Continued communal and class electorates fueled separatism.
(ii) Strengthened divisions that contributed to partition.
Rigid Constitution
(i) No scope for internal amendments.
(ii) Only the British Parliament retained amendment powers.
Long-Term British Strategy and Impact
The Act reflected the colonial policy of divide and rule, balancing reform with repression to sustain imperial dominance.
Divide and Rule
(i) Combined suppression with selective reforms to weaken nationalism.
Provincial Autonomy Strategy
(i) Empowered provincial leaders to fragment the central strength of Congress.
Nationalists’ Response
The Act faced widespread rejection from Congress and other nationalist leaders, though limited support came from a few organizations.
Rejection by Congress
(i) Demanded a Constituent Assembly instead of imposed constitutional reforms.
Critical Views
(i) Jawaharlal Nehru famously said it was “a car, all brakes and no engine.”
Limited Support
(i) Hindu Mahasabha and National Liberal Foundation accepted parts of the Act’s framework.
Summary of the Government of India Act, 1935
The Government of India Act, 1935 was a turning point in colonial constitutional history. While it introduced provincial autonomy and a bicameral legislature, excessive powers for governors and communal representation limited its effectiveness. Though rejected by nationalists, it laid groundwork for future constitutional developments, indirectly shaping India’s independence movement and eventual Constituent Assembly.
