The Government of India Act 1935 was a pivotal piece of legislation passed by the British Parliament that aimed to restructure the governance of British-controlled India. Enacted in August 1935, this act is historically significant because it laid the foundation for India's eventual transition to independence. Divided into two distinct acts—the Government of India Act 1935 and the Government of Burma Act 1935—it was the longest act passed by the British Parliament at the time and remained a cornerstone of Indian governance until the adoption of the Indian Constitution in 1950.
For aspirants preparing for the UPSC Civil Services Examination, understanding the Government of India Act 1935 is crucial as it is part of the Modern Indian History syllabus. Below, we explore the key provisions, reforms, and long-term impact of the act, along with its limitations.
Background of the Government of India Act 1935
The passage of the Government of India Act 1935 was a response to the growing demands for constitutional reforms from Indian political leaders. India's contribution to World War I on behalf of the British Empire had heightened expectations for greater Indian participation in governance.
The act was shaped by various reports and discussions, including:
- Simon Commission Report (1928)
- Recommendations from the Round Table Conferences (1930-32)
- The White Paper published by the British government in 1933
- The Report of the Joint Select Committees
These consultations underscored the need for increased Indian autonomy, although the act fell short of granting full self-governance.
Creation of an All-India Federation
The Government of India Act 1935 proposed the creation of an All-India Federation, consisting of British India and the princely states. While provinces in British India were mandated to join the federation, it was optional for princely states. However, the federation never materialized due to a lack of support from a sufficient number of princely states.
Division of Powers Between Centre and Provinces
A key feature of the act was the division of powers between the central government and the provinces. These powers were distributed across three lists:
- Federal List (central government subjects)
- Provincial List (provincial government subjects)
- Concurrent List (subjects under both governments)
The Viceroy was entrusted with residual powers, which allowed him to govern matters not explicitly mentioned in any of the three lists.
Key Changes Brought by the Government of India Act 1935
1. Provincial Autonomy
One of the most significant reforms introduced by the act was the grant of provincial autonomy. For the first time, provinces were given the freedom to govern themselves, and diarchy, which had been introduced at the provincial level by the Government of India Act 1919, was abolished.
- Provincial Governors were the heads of the executive, but they had to act based on the advice of a Council of Ministers.
- Ministers were accountable to the provincial legislatures, which controlled them and had the power to remove them.
- Despite this autonomy, Governors retained certain special reserve powers, and the British authorities could suspend provincial governments if deemed necessary.
2. Diarchy at the Centre
While diarchy was abolished in the provinces, it was introduced at the central level. The subjects under the Federal List were divided into two categories:
- Reserved Subjects: Controlled by the Governor-General with the help of appointed counsellors. These subjects included defence, external affairs, press, police, taxation, and justice. The counsellors were not accountable to the legislature.
- Transferred Subjects: Administered by the Governor-General with a Council of Ministers, who were required to act in confidence with the legislature. Subjects in this list included local government, forests, education, and health.
Despite this division, the Governor-General retained special powers that allowed him to interfere in the administration of transferred subjects as well.
3. Bicameral Legislature
The Government of India Act 1935 established a bicameral federal legislature, consisting of:
- Federal Assembly (Lower House): Members served for a term of five years. Representatives from British India were elected, while those from the princely states were nominated by their rulers.
- Council of States (Upper House): Like the Federal Assembly, it included both elected representatives from British India and nominated members from the princely states.
The introduction of bicameral legislatures was extended to several provinces, including Bengal, Madras, Bombay, Bihar, Assam, and the United Provinces.
4. Establishment of a Federal Court
A Federal Court was established under the act to adjudicate disputes between provinces and between the centre and provinces. The court consisted of:
- One Chief Justice
- A maximum of six judges
The creation of the Federal Court marked the beginning of an independent judiciary, which would play a crucial role in India’s future constitutional framework.
5. Indian Council Abolished
The act abolished the Indian Council, which had been advising the Secretary of State for India since the mid-19th century. Instead, the Secretary of State was provided with a team of advisors to assist in his responsibilities.
6. Introduction of Direct Elections
For the first time in Indian history, the act introduced direct elections at the provincial level. However, the franchise remained restricted to a select group of individuals, leaving the majority of the population without voting rights.
7. Reorganization of Provinces
The Government of India Act 1935 introduced significant territorial reorganization:
- Sindh was separated from the Bombay Presidency.
- Bihar and Orissa were divided into two separate provinces.
- Burma (modern-day Myanmar) was separated from India and established as a separate colony.
- Aden, a strategically important port city, was separated from India and made into a Crown colony.
8. Other Notable Changes
- A Federal Railway Authority was created to control Indian railways.
- The act provided for the establishment of the Reserve Bank of India to manage the country’s currency and monetary policy.
- The act also called for the creation of federal, provincial, and joint Public Service Commissions to oversee recruitment for public service positions.
Merits of the Government of India Act 1935
Provincial Autonomy
- The act marked a significant shift towards self-governance by granting autonomy to the provinces, allowing Indians to participate more actively in their own administration.
Foundation for Federalism
- By dividing powers between the centre and provinces, the act laid the groundwork for federalism in India’s future political structure.
Expansion of Political Representation
- The introduction of bicameral legislatures in the provinces and at the centre allowed for broader political representation, albeit with limitations.
Judicial Independence
- The establishment of the Federal Court was an important step towards the development of an independent judicial system in India.
Introduction of Direct Elections
- While limited, the act’s introduction of direct elections marked a step forward in creating political consciousness among the Indian people.
Limitations of the Government of India Act 1935
Retention of Special Powers by Governors and Viceroy
- Despite granting autonomy to the provinces, the act retained special powers for the Governors and the Viceroy, allowing them to override elected legislatures in certain situations. This diluted the autonomy granted by the act.
Communal Representation and Division
- The act continued the British policy of separate electorates for different religious communities, particularly Muslims. This deepened the communal divisions in Indian society and hindered the development of a unified national identity.
Limited Franchise
- Although the act introduced direct elections, the franchise was highly restricted, with only a small percentage of the population eligible to vote. Most Indians were still excluded from the political process.
Incomplete Federation
- The proposed All-India Federation failed to materialize due to the lack of support from the princely states. This undermined the act’s goal of creating a unified federal structure.
British Parliamentary Supremacy
- Despite the reforms, the British Parliament retained ultimate authority over both provincial and federal legislatures in India, limiting the extent of true self-governance.
Conclusion
The Government of India Act 1935 was a watershed moment in India’s constitutional history, as it introduced significant reforms in governance and administration. While the act aimed to provide greater autonomy and self-governance to Indians, its limitations—such as the retention of special powers by the British authorities, communal representation, and restricted franchise—meant that it fell short of Indian expectations.
Nonetheless, the act played a crucial role in shaping India’s future political structure and laid the foundation for the Constitution of India, which would replace the act following India’s independence in 1947. It also contributed to the growth of political consciousness among Indians and set the stage for the country’s eventual transition to a sovereign democratic republic.
