GOVERNMENT OF INDIA ACT, 1935
The Government of India Act, 1935, marked a significant milestone towards establishing a responsible government in India. It was an extensive and detailed document containing 321 Sections and 10 Schedules.
Key Features of the Act
- All-India Federation – The Act proposed the creation of an All-India Federation comprising provinces and princely states as units. Powers were divided between the Centre and the units through three lists:
- Federal List (for the Centre) – 59 items
- Provincial List (for the provinces) – 54 items
- Concurrent List (for both) – 36 items
- Residuary powers were vested in the Viceroy.
- However, the federation never materialized as the princely states refused to join.
- Provincial Autonomy – Dyarchy was abolished in provinces, granting them autonomy in administration. Governors were required to act on the advice of ministers responsible to the provincial legislature. This reform came into effect in 1937 but was discontinued in 1939.
- Dyarchy at the Centre – The federal subjects were categorized into reserved and transferred subjects. However, this provision was never implemented.
- Bicameralism in Provinces – Six out of eleven provinces—Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces—were given bicameral legislatures consisting of a legislative council (upper house) and a legislative assembly (lower house), though with several restrictions.
- Extension of Communal Representation – The Act expanded the principle of communal representation by introducing separate electorates for depressed classes (Scheduled Castes), women, and labor (workers).
- Abolition of the Council of India – The Council of India, established by the Government of India Act of 1858, was abolished. Instead, the Secretary of State for India was assisted by a team of advisors.
- Extension of Franchise – The Act significantly expanded voting rights, allowing about 10% of the total population to vote.
- Establishment of the Reserve Bank of India (RBI) – The Act provided for the creation of the RBI to regulate the country’s currency and credit system.
- Public Service Commissions – It mandated the formation of:
- A Federal Public Service Commission
- Provincial Public Service Commissions
- A Joint Public Service Commission for two or more provinces
- Federal Court Establishment – The Act provided for the establishment of a Federal Court, which was set up in 1937 to adjudicate disputes between the Centre and provinces and interpret the Constitution.
The Government of India Act, 1935, laid the foundation for many provisions later adopted in the Indian Constitution, significantly influencing India’s governance structure.