2. Salient Features of Government of India Act 1935 PDF

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Following document contains Salient features and background of Government of India Act 1935 passed by British Parliament for Indians of subcontinent...

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The Government of India Act, 1935 Background The constitutional history of Pakistan has its origin even before Government of India Act, 1935 a landmark development in the British India. Prior to this Act, the British parliament introduced various significant constitutional enactments including Government of India Act 1858 and Government of India Act 1919. In the start of third decade of twentieth century, the British government was facing more resentments and disturbance in India in shape of civil disobedience movement as the Indians demanded a Constituent Assembly to draft a Constitution for India. Resultantly British government held three round table conferences with Indian representatives in Landon to discuss and deliberate about the future constitution of India. Following the Communal Award in August 1932, the British government worked out about the scheme of future constitution and issued a document known as ‘White Paper’ in March 1933. It stated that the basic idea of new Indian Constitution would be diarchy at the centre and responsible government in the provinces. In April 1933, Joint Select Committee of the British Parliament was appointed to examine and report on government proposals contained in the White Paper. The Committee submitted its report in December 1934. The Committee in its report did not recommend for fundamental changes in the White Paper but proposed many changes in the structure of the federal and provincial legislatures and other matters. Based on these recommendations of the Committee, the British Parliament passed a bill by July 1935. The bill received the royal assent in August 1935 with title the Government of India Act, 1935. The Government of India Act, 1935 derived its contents from four key sources, namely: 1. 2. 3. 4.

Report of the Simon Commission Discussions in the Third Roundtable Conference The White Paper of 1933 Report of Joint Select Committee

Salient Features of Government of India Act, 1935 Following are some main features of the Government of India Act, 1935: 1. Comprehensive Statue The Government of India Act 1935 was a detailed and comprehensive statute comprising on 321 sections and 10 schedules. It was the longest act passed by the British Parliament for India. 2. Establishment of Federation of India The Act provided for establishment of all India federation comprising of provinces of British India and princely states. However, the federation never came into being, as the required number of princely states did not join it. 3. Bi-cameral Federal Legislature The Act provided for bi-cameral federal legislature comprising Governor General (as a representative of Crown) and Two Chambers namely: Council of States and Federal Assembly (House of the Assembly). 1)

Council of States:

The Council of States was to be upper house and a permanent body with one third of its membership retiring every 3rd year. It was to be composed of 260 members of which 156 were to be representatives of British India while 104 of the Indian states. 2)

Federal Assembly:

The Federal Assembly was the lower house with a tenure of five years. It was to be made of 375 members from which 250 representatives of British India and not more than 125 members from princely states. While the seats reserved for princely states were to be filled by nominated members, the provinces were given different numbers of seats. Election to the Federal assembly was to be indirect. The term of the assembly was five years but it could also be dissolved earlier. 4. Provincial Autonomy The most remarkable feature of the Act was the provincial autonomy. With the abolition of Dyarchy at provinces, the entire provincial administration was instructed to the responsible ministers who were controlled and removed by the provincial legislatures. The provincial autonomy means two things. First, the Provincial Governments were wholly, responsible to the provincial legislatures and secondly, provinces, were free from outside control and interference in a large number of

matters. Thus, in the provincial sphere, the Act of 1935 made a fundamental departure from the act of 1919. The act divided the powers between the Centre and provinces in terms of three listFederal List (for Centre, with 59 items), Provincial List (for Provinces, with 54 items), and Concurrent list (for both, with 36 items). Residuary powers were given to the Viceroy. The degree of autonomy introduced at the provincial level was subject to important limitations: the provincial Governors retained important reserve powers, and the British authorities retained a right to suspend responsible government. 5. New Institutions The Act provided for establishing new institutions like Federal Court, Federal Railway Authority, The Reserve Bank of India (the Central Bank), Public Service Commissions at centre and provinces. 6. Federal Court: The Government of India Act, 1935 provided for the establishment of Federal Court to interpret the Act and adjudicate disputes relating to the federal matters. It provided that the Federal Courts should consist of one Chief justice and not more than six judges. The Federal Court was given exclusive original jurisdiction to decide disputes between the Centre and constituent Units. The provision was made for filing of appeals from High Courts to the Federal Court and from Federal Court to the Privy Council. 7. Provision of method to accession to federation The Act provided method to join the Federation by a state-accession through instrument of accession and subject to Crown authority and discretion to accept or reject this accession. 8. Federal Legislative Authority The Act provided for federal jurisdiction (legislative authority) to the whole of India. 9. Division of legislative subjects: There were three legislative lists namely Federal, provincial and current. With regard to concurrent list both federal and provincial legislatures had powers to make legislation but in case of any conflict or contradiction, the federal legislature had supremacy about the subjects of concurrent list.

10. Federal Executive Authority The federal executive powers and authority was vested to Governor General as being representative of the Crown. 11. Introduction of Diarchy at Centre The Act provided for abolition of provincial diarchy and introduction of diarchy at centre. Under this act, the executive authority of the centre was vested in the Governor General on behalf of the Crown. The federal subjects were divided into two fold categories of Reserved and Transferred subjects. The Reserved list comprised of subjects such as administration of Defence, External affairs, ecclesiastical affairs and matters related to tribal areas. The Governor General was to administer these subjects in his discretion with the help of three counsellors appointed by him. They were not responsible to legislative. The administration of the transferred subjects was to be done by Governor General on advice of the Council of Ministers whose number could not exceed 10. The council of ministers had to command the confidence of legislature. However, the Governor General could act on contrary to the advice of the Council of Ministers if any of his ‘special responsibilities’ was involved in such act. However, in case when an act involved special responsibilities, the Governor General had to work under the control and direction of the Secretary of State of India. Further, the Governor General was also responsible for the coordination of work between the two wings and for encouraging joint deliberations between the counsellors and the ministers. 12. Extensive executive Powers to Governor General of India and governors at province level The governor general had extensive executive powers under the Act and governors had similar powers at province level. 13. Power to issue ordinance Under the 1935 Act, the Governor General and governors had powers to issue ordinances in their respective domains.

14. Rigid Constitution The 1935 Act was a rigid constitution and was not open for amendment by Indian federal legislature. Hence, the British parliament had the supremacy and control regarding the amendment in the Act. 15. Abolishing Indian Council of Secretary of the State of India The Act abolished the Indian Council of Secretary of State of India and introduced an advisory body in its place. 16. Separation of Burma from India: The Act separated Burma from Federation of the British Indian Provinces and Indian States. 17. Non-incorporation of Concept of Fundamental Rights There was no concept of fundamental rights in the Government of India Act, 1935 and High Courts had not writ jurisdiction....