Government of India Act 1935 and Indian Politics

The Government of India Act 1935 was the longest legislation enacted by the British Parliament until that point, deriving its structure from the Simon Commission Report (1930), the Third Round Table Conference (1932), and the White Paper of 1933. Passed in August 1935, the Act served as a comprehensive constitutional framework designed to manage imperial control while granting limited self-governance to Indian provinces. Its provisions reshaped the political landscape by introducing provincial autonomy, proposing an All-India Federation, and expanding the franchise. Although its federal scheme failed to materialize, the Act profoundly influenced Indian political dynamics, dictated the political realignments of the late 1930s, and later formed the structural bedrock of the Constitution of Independent India.

Key Provisions of the Government of India Act 1935

Provincial Autonomy and Executive Power

• The Act abolished the system of Dyarchy in the provinces established by the Government of India Act 1919 and introduced Provincial Autonomy.
• Executive authority in the provinces was vested in the Governor, who acted on the advice of a Council of Ministers responsible to the provincial legislature.
• Governors retained “special responsibilities” and discretionary powers, allowing them to dismiss ministers, veto legislation, and issue ordinances independently.

Proposed All-India Federation and Central Dyarchy

• The Act provided for an All-India Federation comprising British Indian provinces and Princely States as voluntary units.
• Federation accession required Princely States representing at least half of the total princely population and holding 52 seats in the Council of States to execute Instruments of Accession.
• Dyarchy was introduced at the Centre, dividing federal subjects into Reserved (Defense, Foreign Affairs, Ecclesiastical Affairs, Tribal Areas) under the Viceroy, and Transferred subjects administered with elected ministers.
• The federal scheme remained a dead letter because the rulers of the Princely States refused to join, fearing a loss of their autocratic sovereignty.

Legislative Structure and Division of Powers

• Legislative subjects were partitioned into three distinct lists: Federal List (59 items), Provincial List (54 items), and Concurrent List (36 items).
• Residuary legislative powers were vested exclusively in the discretion of the Governor-General (Viceroy).
• Bicameral legislatures were established in six out of eleven provinces: Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
• The central legislature remained bicameral, consisting of the Council of States (Upper House) and the Federal Assembly (Lower House).

Judicial and Administrative Innovations

• A Federal Court was established at Delhi in October 1937 to resolve disputes between provinces and the federal government, as well as interpret constitutional provisions.
• Maurice Gwyer was appointed as the first Chief Justice of the Federal Court of India.
• The Act established the Reserve Bank of India (enacted via the RBI Act 1934) to control currency and credit in the colony.
• It provided for the establishment of a Federal Public Service Commission, Provincial Public Service Commissions, and Joint Public Service Commissions.
• Burma was completely separated from British India in 1937 under the provisions of the Act, while Aden was detached from India to become a Crown Colony.
• Two new provinces were created: Orissa (carved out from Bihar and Orissa) and Sind (separated from the Bombay Presidency).

Impact on Indian Party Politics and Electoral Dynamics

The Franchise and Communal Representation

• The Act expanded the voting franchise by linking it to property, land revenue, and educational qualifications, granting voting rights to approximately 10 to 14 percent of the adult population (around 30 million people).
• Separate electorates were retained and expanded to include Depressed Classes (as per the Poona Pact 1932), Muslims, Sikhs, Christians, Anglo-Indians, and Europeans.
• Special seats were reserved for specific functional interest groups, including labor, commerce, landholders, and women.

The 1937 Provincial Elections

• Elections to provincial assemblies were held in February 1937 under the expanded franchise.
• The Indian National Congress contested the elections to wreck the constitution from within and demonstrate popular support.
• Out of 1,585 provincial seats, the Congress won 707 seats, securing absolute majorities in five provinces: Madras, Bihar, Orissa, Central Provinces, and United Provinces.
• Congress emerged as the single largest party in Bombay, Assam, and the North-West Frontier Province (NWFP).
• The All-India Muslim League performed poorly, winning less than 5 percent of the total Muslim vote and failing to secure a majority in any Muslim-majority province.

Congress Ministries and Office Acceptance

• After receiving assurances from Viceroy Lord Linlithgow that Governors would not arbitrarily use their special powers, Congress formed ministries in eight provinces by July 1937.
• Congress governments implemented agrarian relief measures, reduced land revenue, lifted bans on nationalist organizations, and promoted primary education and civil liberties.
• In October 1939, all Congress provincial ministries resigned simultaneously in protest against Viceroy Linlithgow declaring India a belligerent state in World War II without consulting Indian leaders.

Comparative Summary of Constitutional Changes

Important Facts and Historical Trivia

• Sir Samuel Hoare, the Secretary of State for India, was the principal architect behind the drafting and passage of the Act of 1935 in the British Parliament.
• Jawaharlal Nehru described the Government of India Act 1935 as “a machine with strong brakes but no engine” and a “charter of slavery.”
• Mohammed Ali Jinnah characterized the 1935 scheme as “thoroughly rotten, fundamentally bad, and totally unacceptable.”
• B.R. Ambedkar criticized the federal arrangement for giving disproportionate legislative representation to autocratic Princely States at the expense of British Indian democratic forces.
• Approximately 250 articles of the Constitution of India (1950) were directly adapted or modified from the provisions of the Government of India Act 1935.
• The Federal Court established under the Act of 1935 functioned until January 28, 1950, when it was succeeded by the Supreme Court of India.
• The 1935 Act formally abolished the Council of the Secretary of State for India, replacing it with a body of advisers.