Government of India Act 1935

The Government of India Act 1935 was the longest legislation enacted by the British Parliament until the London Government Act 1963. It contained 321 sections and 10 schedules. The Act derived its outline from the Simon Commission Report (1930), the deliberations of the three Round Table Conferences (1930–32), the White Paper of 1933, and the Joint Select Committee Report headed by Lord Linlithgow.

Historical Background and Enactment

Timeline of Events Leading to the Act

• Simon Commission (1927): Evaluated the working of the Government of India Act 1919 and recommended the abolition of dyarchy in provinces.
• Round Table Conferences (1930–1932): Held in London to discuss constitutional reforms with Indian leaders.
• White Paper on Constitutional Reforms (1933): Published by the British Government containing proposals for an All-India Federation and provincial autonomy.
• Joint Select Committee (1933–1934): Chaired by Lord Linlithgow to examine the White Paper.
• Royal Assent: Received royal approval on August 2, 1935, and came into partial effect on April 1, 1937.

Core Structural Provisions

All-India Federation and Division of Powers

• The Act proposed an All-India Federation consisting of British Indian Provinces and Princely States as units.
• Accession of Princely States was voluntary. The federation never came into existence because the required number of Princely States refused to sign the Instruments of Accession.
• The Act introduced a threefold division of legislative powers between the Centre and the provinces.

• Residuary legislative powers were vested directly in the Governor-General (Viceroy), who exercised them at his personal discretion.

Dyarchy and Provincial Autonomy

• Abolition in Provinces: Dyarchy introduced under the Act of 1919 was abolished in provinces.
• Provincial Autonomy: Provinces were made autonomous units of administration. Executive authority was vested in the Governor, who acted on the advice of ministers responsible to the provincial legislature.
• Governor’s Safeguards: Governors retained special powers and “overriding authority” over provincial ministers in matters of law and order, minority protection, and civil services.
• Introduction at the Centre: The Act provided for dyarchy at the Federal Executive level. Federal subjects were divided into Reserved Subjects (Defense, External Affairs, Ecclesiastical Affairs, Tribal Areas) administered by the Governor-General with counselors, and Transferred Subjects administered with ministers. This provision was never implemented.

Legislative Structure and Franchise

• Bicameralism in Provinces: Bicameral legislatures were established in 6 out of 11 provinces: Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
• Federal Legislature: Designed as bicameral, consisting of the Council of State (Upper House) and the Federal Assembly (Lower House).
• Extension of Communal Representation: The principle of separate electorates was extended to Depressed Classes (Scheduled Castes), women, and industrial labor/workers.
• Franchise Expansion: Property, tax, and educational qualifications determined voting rights. Franchise expanded to cover approximately 10 to 14 percent of the total adult population of British India.

Major Institutions and Territorial Reorganisation

Institutional Establishments

• Federal Court: Set up on October 1, 1937, in Delhi. It consisted of a Chief Justice and not more than six associate judges. Sir Maurice Gwyer was appointed the first Chief Justice.
• Central Bank: Provided constitutional backing for the Reserve Bank of India to manage national currency and credit operations, following the RBI Act 1934.
• Public Service Commissions: Created three tiers of recruiting bodies: the Federal Public Service Commission, Provincial Public Service Commissions, and Joint Public Service Commissions for two or more provinces.
• Abolition of India Council: The Council of India, established by the Government of India Act 1858 to assist the Secretary of State, was abolished. A team of advisers was provided in its place.

Territorial Changes

• Separation of Burma: Burma was completely detached from British India in April 1937 under the provisions of the Act.
• Aden: Separated from India and converted into a distinct British Crown Colony.
• Creation of New Provinces: Sind was separated from the Bombay Presidency. Orissa was carved out from the province of Bihar and Orissa.

Summary Comparison of Act Features

Crucial Facts and Trivia for Revision

The Government of India Act 1935 served as the primary administrative framework for British India until independence. When the Constitution of India was drafted after 1947, the Constituent Assembly adopted roughly 250 provisions directly or with structural modifications from this Act. Key features adopted into the modern Indian Constitution include the federal scheme, emergency provisions, office of the governor, judiciary structure, public service commissions, and administrative details. The political reaction to the Act was largely critical across Indian leadership. Mahatma Gandhi called it a “charter of slavery,” while Jawaharlal Nehru described it as a “machine with strong brakes but no engine.” Despite the criticism, the Indian National Congress contested the provincial elections of 1937 held under this Act, forming ministries in 8 out of 11 provinces. The imperial parliament retained final constitutional authority under the Act. The British Parliament retained the power to amend or repeal any provision of the Act, and no Indian legislature possessed the authority to modify its constitutional provisions. The emergency powers granted to the Governor-General under Section 93 enabled the suspension of provincial constitutions, a power that later influenced Article 356 (President’s Rule) in the Constitution of India.