Government of India Act 1935

The Government of India Act 1935 was the longest legislation enacted by the British Parliament up to that time, containing 321 sections and 10 schedules. Passed in August 1935, it derived its provisions from the Simon Commission Report of 1930, the deliberations of the three Round Table Conferences held between 1930 and 1932, the White Paper of 1933, and the Joint Select Committee report headed by Lord Linlithgow. The Act served as a major constitutional blueprint, replacing the Government of India Act 1919 and establishing the structural framework for federal governance, provincial autonomy, and judicial organization in British India.

Historical Background and Drafting

The constitutional vacuum created by the dissatisfaction with the 1919 Act led to political demands for complete self-rule. The British government constituted the Simon Commission in 1927 to review constitutional progress. Following the rejection of the commission’s report by major Indian political parties, the British government convened three Round Table Conferences in London to discuss constitutional reforms. The outcome of these discussions was published as a White Paper in March 1933. A Joint Select Committee of the British Parliament, chaired by Lord Linlithgow, scrutinized the White Paper and submitted a draft bill, which received royal assent on August 2, 1935.

Proposed All-India Federation

The Act provided for the creation of an All-India Federation comprising British Indian provinces and princely states.

Structure and Conditions

• Joining the federation was mandatory for British Indian provinces but voluntary for princely states.
• An Instrument of Accession had to be signed by rulers willing to join the federation.
• The federation could come into existence only if states representing at least half of the total princely state population and entitled to at least half of the seats allotted to states in the upper house agreed to join.

Failure of Implementation

• Princely states refused to sign the Instruments of Accession due to concerns over losing autocratic powers and fiscal autonomy.
• The federal part of the Act remained a dead letter, and the central government continued operating under the provisions of the 1919 Act until 1947.

Division of Powers

The Act established three structural lists to divide legislative authority between the center and the provinces.

Allocation of Residuary Powers

• Residuary powers were not assigned to either the central or provincial legislatures.
• The Governor-General was vested with discretionary power to allocate residuary legislative authority to either the central or provincial legislatures.

Provincial Autonomy

The Act abolished dyarchy in the provinces and introduced provincial autonomy in eleven provinces: Madras, Bombay, Bengal, United Provinces, Punjab, Bihar, Central Provinces and Berar, Assam, North-West Frontier Province, Orissa, and Sind.

Executive and Legislative Mechanics

• Governors acted as administrative heads, guided by popular ministers responsible to elected provincial legislatures.
• Provincial executive authority rested with ministers who were members of the legislature.
• The Governor retained special responsibilities regarding law and order, minority rights, and civil service protection.
• Executive ministers could be dismissed by the Governor using discretionary emergency powers under Section 93.

Reorganization of Central Governance

The Act outlined changes for the central administration, though the federal provisions were never enforced.

Dyarchy at the Center

• The Act abolished provincial dyarchy and proposed its introduction at the central level.
• Federal subjects were divided into Reserved and Transferred categories.
• Reserved subjects (defense, ecclesiastical affairs, external affairs, tribal areas) were to be administered by the Governor-General with appointed counselors.
• Transferred subjects were to be managed by the Governor-General on the advice of a Council of Ministers accountable to the central legislature.

Central Bicameralism

• The Federal Legislature was designed as a bicameral body consisting of the Council of State (Upper House) and the Federal Assembly (Lower House).
• The Council of State was designed as a permanent body with 260 members (156 from British India and 104 from princely states), with one-third of members retiring every three years.
• The Federal Assembly was planned for 375 members (250 from British India and 125 from princely states) with a five-year term.

Electoral System and Franchise

The Act expanded the system of representation and modified franchise rules across British India.

• Bicameralism was introduced in six out of eleven provinces: Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
• Communal electorates were retained and expanded to include depressed classes (scheduled castes), women, and labor groups.
• The voting franchise was expanded from 3 percent to approximately 10 to 14 percent of the total population by lowering property, tax, and educational qualifications.

Judicial and Institutional Framework

The legislation created new administrative and legal institutions to manage federal administration.

Federal Court of India

• Established in Delhi in October 1937 under Section 200 of the Act.
• Consisted of a Chief Justice and no more than six puisne judges.
• Sir Maurice Gwyer was appointed as the first Chief Justice of the Federal Court.
• Exercised original jurisdiction in disputes between provinces or between the center and provinces, as well as appellate jurisdiction.
• Appeals from the Federal Court could be made to the Judicial Committee of the Privy Council in London.

Financial and Administrative Institutions

• Reserve Bank of India: Provision was made to establish a central bank to manage currency and credit system operations, leading to the creation of the Reserve Bank of India under the RBI Act 1934.
• Public Service Commissions: Established a Federal Public Service Commission alongside Provincial Public Service Commissions and Joint Public Service Commissions for two or more provinces.
• Territorial Changes: Burma was separated from British India in 1937. Aden was detached from India and made a Crown Colony. Two new provinces, Sind (detached from Bombay) and Orissa (detached from Bihar and Orissa), were created.

Key Exam Facts

• The Act contained 321 sections and 10 schedules, making it the longest Act of the British Parliament at the time.
• Lord Linlithgow headed the Joint Select Committee that drafted the bill and later served as Viceroy when it was enacted.
• The Act introduced dyarchy at the center while abolishing it in the provinces.
• Provincial autonomy was introduced across 11 British Indian provinces.
• Bicameral legislatures were set up in 6 provinces: Bengal, Bombay, Madras, Bihar, Assam, and United Provinces.
• Legislative subjects were split into Federal List (59 items), Provincial List (54 items), and Concurrent List (36 items).
• Residuary powers were vested exclusively in the Governor-General.
• Communal representation extended to depressed classes, women, and labor.
• The Federal Court of India was set up in Delhi in 1937, with Sir Maurice Gwyer as its first Chief Justice.
• Burma was separated from India on April 1, 1937, under the provisions of this Act.
• Two new provinces were created: Sind (separated from Bombay) and Orissa (separated from Bihar).
• The franchise was expanded to cover around 10 to 14 percent of the total Indian population.
• The Act served as a primary structural foundation for the Constitution of India in 1950.