Government of India Act, 1935

● The Act, with 451 clauses and 15 schedules, contemplated the establishment of an All-India Federation in which Governors’ Provinces and the Chief Commissioners’ Provinces and those Indian states which might accede to be united were to be included. (The ruler of each Princely State willing to join was to sign an ‘instrument of accession’ mentioning the extent to which authority was to be surrendered to the federal government.)

● Dyarchy, rejected by the Simon Commission, was provided for in the Federal Executive.

● The Federal Legislature was to have two chambers (bicameral)—the Council of States and the Federal Legislative

Assembly. The Council of States (the Upper House) was to be a permanent body.

● There was a provision for joint sitting in cases of deadlock between the houses. There were to be three subject- lists—the Federal Legislative List, the Provincial Legislative List and the Concurrent Legislative List. Residuary legislative powers were subject to the discretion of the governor-general. Even if a bill was passed by the federal legislature, the governor-general could veto it, while even Acts assented to by the governor-general could be disallowed by the King-in-Council.

● Dyarchy in the provinces was abolished and provinces were given autonomy, i.e., the distinction between Reserved and Transferred Subjects was abolished and full responsible government was established, subject to certain safeguards.

● Provinces derived their power and authority directly from the British Crown. They were given independent financial powers and resources. Provincial governments could borrow money on their own security.

● Provincial legislatures were further expanded. Bicameral legislatures were provided in the six provinces of Madras, Bombay, Bengal, United Provinces, Bihar and Assam, with other five provinces retaining unicameral legislatures.

● The principles of ‘communal electorates’ and ‘weightage’ were further extended to depressed classes, women and labour.

● Franchise was extended, with about 10 per cent of the total population getting the right to vote.

● The Act also provided for a Federal Court (which was established in 1937), with original and appellate powers, to interpret the 1935 Act and settle inter-state disputes, but the Privy Council in London was to dominate this court.

● The India Council of the Secretary of State was abolished.

● The All-India Federation as visualised in the Act never came into being because of the opposition from different parties of India. The British government decided to introduce the provincial autonomy on April 1, 1937, but the Central government continued to be governed in accordance with the 1919 Act, with minor amendments. The operative part of the Act of 1935 remained in force till August 15, 1947.

The 1935 Act was an endeavour to give India a written constitution, even though Indians were not involved in its creation, and it was a step towards complete responsible government in India. However, the Act provided a rigid constitution with no possibility of internal growth. Right of amendment was reserved for the British Parliament. Extension of the system of communal electorates and representation of various interests promoted separatist tendencies— culminating in partition of India. The 1935 Act was condemned by nearly all sections and unanimously rejected by the Congress. The Congress demanded, instead, convening of a Constituent Assembly elected on basis of adult franchise to frame a constitution for independent India.

Various other developments took place after the 1935 Act. There was the August Offer of 1940, the Cripps Proposals of 1942, the C.R. Formula of 1944 trying to seek the cooperation of the Muslim League, Wavell Plan of 1945 and the Cabinet Mission. Then came the Mountbatten Plan in 1947 and finally the Indian Independence Act, 1947.

[These developments have been extensively discussed in the earlier chapters. The making of the Constitution of independent India is discussed in a later chapter.]