Main Features

The Government of India Act was passed by the British Parliament in August 1935. Its main provisions were as follows.

1. An All India Federation It was to comprise all British Indian provinces, all chief commissioner’s provinces and the Indian states (princely states). The federation’s formation was conditional on the fulfilment of: (i) states with allotment of 52 seats in the proposed Council of States should agree to join the federation; and (ii) aggregate population of states in the above category should be 50 per cent of the total population of all Indian states.

Since these conditions were not fulfilled, the proposed federation never came up. The central government carried on upto 1946 as per the provisions of Government of India Act, 1919.

2. Federal Level: Executive ● The governor-general was the pivot of the entire Constitution.

● Subjects to be administered were divided into reserved and transferred subjects. Reserved subjects—foreign affairs, defence, tribal areas and ecclesiastical affairs—were to be exclusively administered by the governor-general on the advice of executive councillors. Executive councillors were not to be responsible to the central legislature. Transferred subjects included all other subjects and were to be administered by the governor-general on the advice of ministers elected by the legislature. These ministers were to be responsible to the federal legislature and were to resign on losing the confidence of the body.

● Governor-general could act in his individual judgement in the discharge of his special responsibilities for the security and tranquillity of India.

Legislature ● The bicameral legislature was to have an upper house (Council of States) and a lower house (Federal Assembly). The Council of States was to be a 260-member house, partly directly elected from British Indian provinces and partly (40 per cent) nominated by the princes. The Federal Assembly was to be a 375-member house, partly indirectly elected from British Indian provinces and partly (one-third) nominated by the princes.

● Oddly enough, election to the Council of States was

direct and that to the Federal Assembly, indirect.

● Council of States was to be a permanent body with one-third members retiring every third year. The duration of the assembly was to be 5 years.

● The three lists for legislation purposes were to be federal, provincial and concurrent.

● Members of Federal Assembly could move a vote of no-confidence against ministers. Council of States could not move a vote of no-confidence.

● The system of religion-based and class-based electorates was further extended.

● 80 per cent of the budget was non-votable.

● Governor-general had residuary powers. He could

(a) restore cuts in grants, (b) certify bills rejected by the legislature, (c) issue ordinances and (d) exercise his veto.

3. Provincial Autonomy ● Provincial autonomy replaced dyarchy.

● Provinces were granted autonomy and separate legal identity.

● Provinces were freed from “the superintendence, direction” of the secretary of state and governor-general. Provinces henceforth derived their legal authority directly from the British Crown.

● Provinces were given independent financial powers and resources. Provincial governments could borrow money on their own security.

Executive ● Governor was to be the Crown’s nominee and representative to exercise authority on the king’s behalf in a province.

● Governor was to have special powers regarding minorities, rights of civil servants, law and order, British business interests, partially excluded areas, princely states, etc.

● Governor could take over and indefinitely run administration.

Legislature ● Separate electorates based on Communal Award were to be made operational.

● All members were to be directly elected. Franchise was extended; women got the right on the same basis as men.

● Ministers were to administer all provincial subjects in a council of ministers headed by a premier.

● Ministers were made answerable to and removable by the adverse vote of the legislature.

● Provincial legislature could legislate on subjects in provincial and concurrent lists.

● 40 per cent of the budget was still not votable.

● Governor could (a) refuse assent to a bill, (b) promulgate ordinances, (c) enact governor’s Acts.