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    Salient Feature of Govt of India Act 1935 and Short Comings

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    Irtaza Hassan
    The Government of India Act 1935 established a bicameral legislature and divided powers between the central and provincial governments. It granted more autonomy to provinces but the governors retained special powers. While it introduced reforms, Indian leaders were dissatisfied with the Act since it did not grant full independence and the governors had considerable control.

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    Salient Feature of Govt of India Act 1935 and Short Comings

    Uploaded by

    Irtaza Hassan
    184 views5 pages
    The Government of India Act 1935 established a bicameral legislature and divided powers between the central and provincial governments. It granted more autonomy to provinces but the governors retained special powers. While it introduced reforms, Indian leaders were dissatisfied with the Act since it did not grant full independence and the governors had considerable control.

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    Salient feature of govt of india act 1935 and short comings

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    The Government of India Act 1935 established a bicameral legislature and divided powers between the central and provincial governments. It granted more autonomy to provinces but the governors retained special powers. While it introduced reforms, Indian leaders were dissatisfied with the Act since it did not grant full independence and the governors had considerable control.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    184 views5 pages

    Salient Feature of Govt of India Act 1935 and Short Comings

    Uploaded by

    Irtaza Hassan
    The Government of India Act 1935 established a bicameral legislature and divided powers between the central and provincial governments. It granted more autonomy to provinces but the governors retained special powers. While it introduced reforms, Indian leaders were dissatisfied with the Act since it did not grant full independence and the governors had considerable control.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 5

    Q1: SALIENT FEATURES OF GOVT OF INDIA ACT

    AND SHORTCOMINGS

    Q2: THE GOVT OF INDIA ACT 1935 HAS A SIGNIFICANT ROLE IN THE
    CONSTITUTIONAL HISTORY OF PAKISTAN. EXPLAIN SALIENT
    FEATURES AND HIGHLIGHT SHORTCOMINGS OF ACT?

    SALIENT FEATURES OF GOV. OF INDIA


    ACT 1935:
    GOVERNMENT OF INDIA ACT, 1935 – BACKGROUND

    1. There was a growing demand for constitutional reforms in India by Indian leaders.
    2. India’s support to Britain in the First World War also aided in British acknowledgement of the
    need for the inclusion of more Indians in the administration of their own country.
    3. The Act was based on:

    o Simon Commission Report


    o The recommendations of the Round Table Conferences
    o The White Paper published by the British government in 1933 (based on the Third
    Round Table Conference)
    o Report of the Joint Select Committees.
    Read about related terms below:

    1. Simon Commission
    2. First Round Table Conference 

    To know more about the legislation passed in British India, click on the linked article.
    Creation of an All India Federation

    1. This federation was to consist of British India and the princely states.
    2. The provinces in British India would have to join the federation but this was not compulsory
    for the princely states.
    3. This federation never materialised because of the lack of support from the required number
    of princely states.

    HOW GOVERNMENT OF INDIA ACT 1935 DIVIDED POWERS?


    1. This Act divided powers between the centre and the provinces.
    2. There were three lists which gave the subjects under each government.

    o Federal List (Centre)


    o Provincial List (Provinces)
    o Concurrent List (Both)
     The Viceroy was vested with residual powers.

    To know more about the Governor Generals of Bengal and India, visit the linked article.
    Certain changes that were brought through the Government of India Act, 1935 are mentioned in the
    table below, followed by details:

    Government of India Act, 1935 – Changes Brought by the Act

    S.No Features

    1. Provincial autonomy

    2. Diarchy at the centre

    3. Bicameral legislature

    4. Federal court

    5. Indian Council

    6. Franchise

    7. Reorganisation

    Provincial autonomy

    1. The Act gave more autonomy to the provinces.


    2. Diarchy was abolished at the provincial levels.
    3. The Governor was the head of the executive.
    4. There was a Council of Ministers to advise him. The ministers were responsible to the
    provincial legislatures who controlled them. The legislature could also remove the ministers.
    5. However, the governors still retained special reserve powers.
    6. The British authorities could still suspend a provincial government.

    Diarchy at the centre


    1. The subjects under the Federal List were divided into two: Reserved and Transferred.
    2. The reserved subjects were controlled by the Governor-General who administered them with
    the help of three counsellors appointed by him. They were not responsible to the legislature.
    These subjects included defence, ecclesiastical affairs (church-related), external affairs,
    press, police, taxation, justice, power resources and tribal affairs.
    3. The transferred subjects were administered by the Governor-General with his Council of
    Ministers (not more than 10). The Council had to act in confidence with the legislature. The
    subjects in this list included local government, forests, education, health, etc.
    4. However, the Governor-General had ‘special powers’ to interfere in the transferred subjects
    also.

    Bicameral Legislature

    1. A bicameral federal legislature would be established.


    2. The two houses were the Federal Assembly (lower house) and the Council of States (upper
    house).
    3. The federal assembly had a term of five years.
    4. Both houses had representatives from the princely states also. The representatives of the
    princely states were to be nominated by the rulers and not elected. The representatives of
    British India were to be elected. Some were to be nominated by the Governor-General.
    5. Bicameral legislatures were introduced in some provinces also like Bengal, Madras,
    Bombay, Bihar, Assam and the United Provinces.

    Federal Court

    1. A federal court was established at Delhi for the resolution of disputes between provinces and
    also between the centre and the provinces.
    2. It was to have 1 Chief Justice and not more than 6 judges.

    Indian Council

    1. The Indian Council was abolished.


    2. The Secretary of State for India would instead have a team of advisors.

    Franchise

    1. This Act introduced direct elections in India for the first time.

    Reorganisation

    1. Sindh was carved out of Bombay Presidency.


    2. Bihar and Orissa were split.
    3. Burma was severed off from India.
    4. Aden was also separated from India and made into a Crown colony.

    Other points

    1. The British Parliament retained its supremacy over the Indian legislatures both provincial and
    federal.
    2. A Federal Railway Authority was set up to control Indian railways.
    3. The act provided for the establishment of Reserve Bank of India.
    4. The Act also provided for the establishment of federal, provincial and joint Public Service
    Commissions.
    5. The Act was a milestone in the development of a responsible constitutional government in
    India.
    6. The Government of India Act 1935 was replaced by the Constitution of India after
    independence.
    7. The Indian leaders were not enthusiastic about the Act since despite granting provincial
    autonomy the governors and the viceroy had considerable ‘special powers’.
    8. Separate communal electorates were a measure through which the British wanted to ensure
    the Congress Party could never rule on its own. It was also a way to keep the people divided.

     The Act proclaimed a bicameral legislature. The one house of the Assembly was
    called the Indian Legislature Assembly and the other house of the Assembly was
    The Council of State. The Council of State was the upper house that was a
    permanent body i.e that it could not be dissolved like the lower house of the
    Parliament. One-third members of the upper house had to retire after every 3
    years. The lower house of the Assembly, the Indian Legislature Assembly, was
    not an independent body. The laws passed by the Assembly could be Veto by
    Governor-General. The legislature had no control over the legislature under this
    Act.
     As regards the Federal Budget it was consisted of two parts. One part consisted
    of non-votable part of the budget that was 80 % of the whole budget. This part of
    budget could not be discussed or amended in the legislature. The other part of
    the budget that consisted of 20% of the whole budget could be discussed or
    amended in the Federal Assembly.
     The provinces were given more authority and powers and for the first time the
    provinces were made separate entities.
     The system of Dyarchy was scrapped in the provinces and introduced in the
    centure.
     Under the Act there were three lists of subjects. One was federal , 2 nd was
    provincial and the 3rd was concurrent list.
     The whole country was divided in to 11 provinces.
     The Governor-General in the centre and the Governors in the provinces were
    given special rights and privileges. In case of emergency situation both
    Governor-General and Governors enjoyed unlimited powers and their authority
    could not be challenged in any institution.
     Under the Act a Federal Court was established. The court was consisted of Chief
    Justice and six other judges. After the age of 65 the judges of the Federal court
    had to vacant the seat however the any judge of the court could leave his seat
    before the age of 65. The court could interpret the constitution and if Governor-
    General needed any help regarding the constitution matters the court was bound
    to give advise but it was totally depended upon him to accept or reject the advice.
     Under the Act the Secretary of State for India enjoyed the same powers that the
    other ministers enjoyed under the Act. The Indian Council that was created to
    help him was abolished under the Government of India Act 1935.
    The Act of 1935 failed to win appreciation from various sectors. Both the Muslim League
    and the Indian National Congress expressed their dissatisfaction over the Act. Hindu
    leader Madam Mohan greatly criticized this Act and Pandat Jawahar Lal Nehru said on
    the emergency rights of Governor-General and Governors that this Act provided that
    this Act was like a machine that had strong brakes and no engine. Muslim leader
    Muhammad Ali Jinnah said this scheme thoroughly rotten fundamentally bad and totally
    unacceptable.

    SHORTCOMINGS OF THE INDIAN ACT


    1935:
     Indian were not given control over the govt. of their country. They could
    not change or amend their constitution. Large number of states did not
    join federation.
     Indian states were given a privileged position under the constitution.
    Also given more representation in federal assembly and council of
    states keeping aside their population, territory and contribution to the
    revenue of federal govt. indian princes were to nominate members of
    indian govt and they were under under the control of british govt and
    did wht their representatives want. The nominees from the indian
    states could be used by the brtish govt to serve their own interest and
    stop progress of country.
     It was against the canons of democracy to have indirect elections to the
    federal assembly.
     Indians resented the control of secretary of state for india over police,
    civil services etc.
     Indian army got the lions share of the indian budget but Indians were
    given absolutely no control over it as defence was a reserve subject.
     Governor , a virtual dictator of the province. His discretionary powers
    reduced provincial autonomy to a farce.
     Powers of the provincial legislatures were very restriced. Upper
    chamber were made reactionary bodies.

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