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Government of India Act, 1935

UPSC Civil Services• POLITY• Historical Background of the Constitution• Government of India Act, 1935
The Government of India Act, 1935 was the most comprehensive British constitutional legislation for India. It introduced provincial autonomy, abolished dyarchy in provinces, proposed an All-India Federation, created three legislative lists, provided for a Federal Court and expanded the franchise. Several of its institutional features later influenced the Indian Constitution.

Government of India Act, 1935

1. Introduction

The Government of India Act, 1935 was the most comprehensive constitutional legislation enacted by the British Parliament for British India.

It introduced major changes in:

  • Federal structure
  • Provincial government
  • Legislative powers
  • Electoral representation
  • Public services
  • Financial relations
  • Constitutional institutions

Although its proposed federation was never implemented, several provisions of the Act strongly influenced the Constitution of independent India.


2. Background

The Government of India Act, 1919 had introduced dyarchy in the provinces, but the system faced serious difficulties.

The demand for greater self-government continued to grow.

Important developments leading to the 1935 Act included:

  • Simon Commission
  • Nehru Report
  • Round Table Conferences
  • Government of India proposals
  • Communal Award
  • White Paper and subsequent constitutional discussions

The British Parliament ultimately enacted the Government of India Act, 1935.


3. All-India Federation

The Act proposed the establishment of an All-India Federation.

The federation was intended to consist of:

  • British Indian provinces
  • Princely states

However, participation of princely states depended on their accession.

The proposed federation never came into operation because the required number of princely states did not join.


4. Division of Legislative Powers

The Act introduced a three-fold division of legislative powers through:

  • Federal List
  • Provincial List
  • Concurrent List

This was an important development in India's federal constitutional structure.

The idea strongly influenced the later Indian Constitution.


5. Residuary Powers

Under the 1935 Act, residuary legislative powers were vested in the Governor-General.

This differs from the present Indian Constitution, under which residuary legislative powers belong to Parliament.

UPSC trap

1935 Act → Governor-General

Constitution of India → Parliament


6. Provincial Autonomy

One of the most important features was the introduction of provincial autonomy.

The Act abolished dyarchy in the provinces.

Provincial governments were given greater authority in matters assigned to them.


7. End of Dyarchy in Provinces

Under the Government of India Act, 1919:

Dyarchy → Provinces

Under the Government of India Act, 1935:

Dyarchy in Provinces → Abolished

Provincial ministers became responsible to the elected provincial legislatures.

This represented an important step toward responsible government.


8. Dyarchy at the Centre

The Act proposed dyarchy at the Centre.

However, the federal part of the Act was never implemented.

Therefore, central dyarchy also never became operational.

Important distinction

1919 → Dyarchy actually introduced in Provinces

1935 → Dyarchy proposed at Centre but never implemented


9. Provincial Legislatures

The Act provided for larger and more representative provincial legislatures.

Some provinces were given bicameral legislatures.

Bicameralism was introduced in provinces such as:

  • Bengal
  • Bombay
  • Madras
  • Bihar
  • Assam
  • United Provinces

This expanded legislative participation at the provincial level.


10. Federal Legislature

The proposed federal legislature was intended to be bicameral.

It would consist of:

  • Council of State
  • Federal Assembly

However, because the federation itself never came into operation, the proposed federal legislature was not fully established under the Act.


11. Franchise Expansion

The Act expanded the electorate significantly compared with earlier reforms.

However, voting rights were still based on qualifications such as:

  • Property
  • Taxation
  • Education
  • Other prescribed criteria

Therefore, universal adult franchise was not introduced.

Only a minority of India's population could vote.


12. Separate Electorates

The Act continued and expanded the system of separate electorates.

Representation was provided for various communities and interests.

This included separate representation for groups such as:

  • Muslims
  • Sikhs
  • Europeans
  • Anglo-Indians
  • Indian Christians

The system further institutionalised communal and special-interest representation.


13. Federal Court

The Act provided for the establishment of a Federal Court of India.

The Federal Court was established in 1937.

It dealt with important constitutional and federal disputes.

It was an important predecessor to the Supreme Court of India.


14. Reserve Bank of India

The institutional framework for the Reserve Bank of India was established during this period.

The RBI began operations in 1935 under the Reserve Bank of India Act, 1934.

The development of central banking was connected with the broader financial framework of the period.


15. Public Service Commissions

The Act strengthened the system of Public Service Commissions.

It provided for:

  • Federal Public Service Commission
  • Provincial Public Service Commissions
  • Joint Public Service Commissions in certain circumstances

This contributed to the development of the modern public service institutional framework.


16. Federal Railway Authority

The Act provided for a Federal Railway Authority to manage railway administration separately from ordinary governmental departments.

This reflected the importance of railways to colonial administration and finance.


17. Financial Provisions

The Act introduced detailed arrangements concerning:

  • Distribution of revenues
  • Provincial finances
  • Federal finances
  • Grants
  • Taxation

It attempted to establish a more structured financial relationship between the Centre and provinces.

This influenced later Indian arrangements concerning financial federalism.


18. Emergency Powers

The Act gave the Governor-General extensive powers to deal with situations considered threatening to:

  • Peace
  • Security
  • Financial stability
  • Constitutional administration

The Governor-General retained significant discretionary and special responsibilities.

This reflected the continued dominance of colonial executive authority.


19. Governor's Powers

Although provincial governments received greater autonomy, Governors retained significant powers.

They had:

  • Discretionary powers
  • Special responsibilities
  • Emergency-related powers

Therefore, provincial autonomy was not equivalent to complete democratic self-government.


20. Secretary of State and Governor-General

The British government retained substantial control over Indian affairs.

The:

Secretary of State for India

continued to exercise important authority.

The:

Governor-General

remained the central representative of British authority in India.

Thus, despite provincial autonomy, ultimate imperial control remained significant.


21. Impact on Indian Constitution

The Government of India Act, 1935 influenced many features of the Constitution of independent India.

Important examples include:

Federal structure

The division of powers influenced the Union-State legislative arrangement.

Provincial autonomy

It influenced the later constitutional position of State governments.

Three legislative lists

The idea of:

  • Union List
  • State List
  • Concurrent List

was carried into the Constitution.

Public Service Commissions

The constitutional framework for public service commissions developed partly from this institutional experience.

Federal Court

The Federal Court provided experience for the later Supreme Court.

Emergency provisions

Several constitutional emergency ideas were influenced by the 1935 framework.

Administrative structure

The organisation of provincial administration also influenced independent India's system.


22. Government of India Act 1919 vs 1935

Feature1919 Act1935 Act
Provincial systemDyarchyProvincial autonomy
Dyarchy in provincesYesAbolished
Dyarchy at CentreNoProposed
Federal schemeLimitedProposed All-India Federation
Legislative listsLess developedFederal, Provincial, Concurrent
FranchiseLimitedExpanded
Federal CourtNoProvided
Provincial legislaturesExpandedFurther strengthened
Residuary powersGovernor-GeneralGovernor-General
Separate electoratesExpandedFurther expanded

23. Why the Federation Failed

The proposed federation required participation by princely states.

The federation never came into operation because the necessary accession of princely states did not occur.

Therefore:

Federal provisions → Largely remained unimplemented

while:

Provincial autonomy → Implemented

This distinction is extremely important for UPSC.


24. Provincial Governments Under the Act

Provincial elections were held in 1937.

Indian political parties formed governments in several provinces.

This provided valuable practical experience of:

  • Parliamentary government
  • Ministerial responsibility
  • Legislative politics
  • Provincial administration

This experience later influenced the functioning of independent India's parliamentary democracy.


25. Significance

25.1 Provincial Autonomy

It abolished dyarchy in provinces and introduced a greater degree of responsible government.

25.2 Federal Idea

It proposed an All-India Federation and a constitutional division of powers.

25.3 Three Legislative Lists

It provided a framework for distributing legislative subjects.

25.4 Federal Court

It introduced a federal judicial institution.

25.5 Expanded Franchise

It significantly expanded electoral participation.

25.6 Constitutional Influence

It became one of the most important institutional sources for several features of the Indian Constitution.


26. Limitations

Despite its importance, the Act remained colonial in character.

No Full Responsible Government

The central executive was not responsible to a fully elected legislature.

Strong Governor-General

The Governor-General retained extensive powers.

Strong Governors

Provincial Governors had special responsibilities and discretionary powers.

Limited Franchise

Universal adult suffrage was absent.

Separate Electorates

Communal representation continued.

Federation Never Implemented

The central federal structure remained largely theoretical.


UPSC Prelims Focus

Remember:

  • Year → 1935
  • Most comprehensive British constitutional legislation for India
  • Proposed → All-India Federation
  • Federation → Never implemented
  • Provincial autonomy → Introduced
  • Dyarchy in provinces → Abolished
  • Dyarchy at Centre → Proposed, never implemented
  • Three lists → Federal, Provincial, Concurrent
  • Residuary powers → Governor-General
  • Federal Court → Established in 1937
  • Provincial elections → 1937
  • Franchise → Expanded but not universal
  • Separate electorates → Continued and expanded

High-value associations

1919 → Dyarchy in Provinces

1935 → Provincial Autonomy

1935 → Federation Proposed

1935 → Federal Court

1935 → Three Legislative Lists


UPSC Mains Dimensions

The Act can be analysed through:

  1. Federal — proposed All-India Federation
  2. Provincial — provincial autonomy
  3. Legislative — three legislative lists
  4. Judicial — Federal Court
  5. Electoral — expanded franchise and separate electorates
  6. Administrative — provincial ministerial responsibility
  7. Constitutional — major influence on the Constitution of India

Mains-ready conclusion

The Government of India Act, 1935 represented the most extensive constitutional reform introduced by the British in India. Although its federal scheme was never implemented and substantial colonial controls remained, its provisions on provincial autonomy, legislative lists, public services, federal adjudication and administrative structure significantly influenced the Constitution adopted by independent India.


Quick Revision

1935 → Government of India Act

Provinces → Autonomy

Dyarchy in Provinces → Abolished

Dyarchy at Centre → Proposed, not implemented

Federation → Proposed, not implemented

Three Lists → Federal + Provincial + Concurrent

Residuary powers → Governor-General

Federal Court → 1937

Provincial elections → 1937

Core idea

The 1935 Act introduced provincial autonomy and proposed a federal structure, becoming the most important British constitutional source for several features later incorporated into India's Constitution.