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.
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Government of India Act, 1935
Introduction and Main Features
Act of 1935: Passed by the British Parliament in August 1935, based on discussions from the Third Round Table Conference.
An All India Federation: Proposed to include British Indian provinces, chief commissioner’s provinces, and princely states. Never came into effect due to unfulfilled conditions.
Governance Continuation: The central government continued under the provisions of the Government of India Act, 1919, until 1946.
Federal Level: Executive
Governor-General: Central figure of the Constitution, with reserved and transferred subjects.
Reserved Subjects: Foreign affairs, defense, tribal areas, and ecclesiastical affairs, administered by the governor-general without legislative responsibility.
Transferred Subjects: Administered by ministers elected by the legislature, responsible to the federal legislature.
Governor-General's Special Powers: Individual judgment on security and tranquility matters.
Legislature
Bicameral Legislature: Consisted of the Council of States (upper house) and Federal Assembly (lower house).
Council of States: 260 members, partly directly elected, partly nominated by princes.
Federal Assembly: 375 members, partly indirectly elected, partly nominated by princes.
Legislative Powers: Federal, provincial, and concurrent lists for legislation. Odd election method: Council of States direct, Federal Assembly indirect.
Governor-General's Powers: Residuary powers to restore grants, certify bills, issue ordinances, and exercise veto.
Provincial Autonomy
Autonomy: Replaced dyarchy with autonomy, granting provinces legal identity and independent financial powers.
Governor's Role: Crown's nominee with special powers over minorities, law and order, and British business interests.
Provincial Legislature: Members directly elected, extended franchise, and ministers answerable to the legislature.
Governor's Powers: Refuse assent to bills, promulgate ordinances, enact governor's Acts, and take over administration.
Evaluation of the Act
Safeguards and Responsibilities: Extensive powers of the governor-general and governors hindered the Act's proper functioning.
Electoral System: Communal and class electorates extended, fostering separatist tendencies, leading to India's partition.
Rigid Constitution: No possibility for internal growth; amendment rights reserved for the British Parliament.
Long-Term British Strategy
Divide and Rule: Suppression followed by reforms aimed to weaken the national movement and integrate segments into the colonial structure.
Reforms and Repression: Reforms were used to placate the right wing, while the radical leftists were crushed through police measures.
Provincial Autonomy: Intended to create autonomous provincial leaders, weakening the central Congress leadership.
Nationalists' Response
Rejection of the Act: Unanimous condemnation by Congress and most nationalist leaders, demanding instead a Constituent Assembly.
Critical Views: Jawaharlal Nehru described the Act as "a car, all brakes and no engine," highlighting its restrictive nature.
Limited Support: The Hindu Mahasabha and National Liberal Foundation supported the working of the Act.
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