Government of India Act 1935

The Government of India Act 1935 was the longest and most detailed Act passed by the British Parliament until that time. It was based on the findings of the Simon Commission, the Round Table Conferences, and the White Paper of 1933.

This Act served as the main blueprint for the Constitution of India (1950).

### 1. Key Features

The Act was a massive document (321 sections and 10 schedules) that aimed to fundamentally change the Indian government structure.

  • All-India Federation: It provided for the establishment of an All-India Federation consisting of British Indian Provinces and Princely States as units.

    • Note: This Federation never came into being because the Princely States refused to join.

  • Abolition of Diarchy in Provinces: The "Diarchy" (introduced in 1919) was abolished in the provinces. In its place, "Provincial Autonomy" was introduced.

    • The Governor was now required to act with the advice of ministers responsible to the provincial legislature.

  • Diarchy at the Centre: While abolished in provinces, Diarchy was introduced at the Central level. Federal subjects were divided into Reserved (Defense, Foreign Affairs) and Transferred subjects.

  • Division of Powers (Three Lists): It divided powers between the Centre and the units into three lists:

    1. Federal List (for Centre, 59 items)

    2. Provincial List (for Provinces, 54 items)

    3. Concurrent List (for both, 36 items)

    • Residuary Powers were given to the Viceroy.

  • Bicameralism in Provinces: Out of 11 provinces, 6 (Bengal, Bombay, Madras, Bihar, Assam, and United Provinces) were made bicameral (having a Legislative Council and Legislative Assembly).

  • Extended Communal Representation: It further extended separate electorates for Depressed Classes (Scheduled Castes), Women, and Labor (workers).

  • Establishment of Institutions:

    • Reserve Bank of India (1935): To control currency and credit.

    • Federal Court (1937): Set up in Delhi (precursor to the Supreme Court).

    • Provincial Public Service Commissions: Along with a Federal Public Service Commission.

### 2. Significance for UPSC & APSC

  1. Constitutional Foundation: About 75% of the current Indian Constitution is derived from this Act (e.g., Federal scheme, Office of Governor, Judiciary, Public Service Commissions).

  2. Assam Context: This Act led to the 1937 elections where Assam got its first Prime Minister (as the post was called then), Sir Syed Muhammad Saadulla.

  3. Separation of Burma: Under this Act, Burma (Myanmar) was separated from British India in 1937.

### 3. Critical Analysis (The "Catch")

  • Paper Federation: Since the Princely States didn't join, the federal part of the Act remained a "dead letter."

  • Veto Power: The Governors and the Viceroy still held "Special Responsibilities" and could override ministers, meaning the "Autonomy" was limited.

  • Jawaharlal Nehru's Comment: He called the Act "a machine with all brakes and no engine" and a "charter of slavery."

### 4. Quick Revision Table

FeatureDetails
Provincial StatusProvincial Autonomy (Diarchy ended)
Central StatusDiarchy introduced
New InstitutionsRBI, Federal Court, Federal/Provincial PSCs
List SystemFederal, Provincial, and Concurrent Lists
Residuary PowersVested in the Viceroy

Comparison: 1919 vs. 1935

Feature1919 Act1935 Act
DiarchyIn ProvincesAt the Centre
AutonomyLimitedProvincial Autonomy introduced
ListsTwo (Central/Provincial)Three (Federal/Provincial/Concurrent)
CourtNo Federal CourtFederal Court established (1937)

MCQ Test

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