Government of India Act, 1935- UPSC CSE Notes

The Government of India Act, 1935 was one of the most significant legislative measures passed by the British Parliament for administering British India. It represented a major step forward toward the idea of Indian self-governance. The Act introduced a federal framework, provided provinces with greater autonomy, and widened the electoral base in response to increasing demands for Indian involvement in administration.

Although it retained several limitations and ensured continued British control, the Act nonetheless became a crucial milestone in India’s constitutional evolution and helped pave the way for independence in 1947.

The Government of India Act, 1935 introduced provincial autonomy, broadened the electorate to nearly 10% of the population, and established a Federal Court. The Act provided for elected legislatures and Indian ministers, yet significant authority continued to rest with the British Crown and the Governor-General, who retained control over defence, external affairs, and extensive veto powers. These continuing restrictions strengthened the national movement’s resolve and intensified the demand for complete independence.

Key Features of the Government of India Act, 1935 Act:

FeatureGovernment of India Act, 1935 – Provisions
All-India FederationProposed a federation of Governors’ Provinces, Chief Commissioners’ Provinces, and Princely States joining voluntarily through ‘Instruments of Accession’.
Federal LegislatureBicameral legislature with Council of States (permanent upper house) and Federal Legislative Assembly.
Federal Executive DyarchyDyarchy introduced at the Centre despite Simon Commission’s rejection; key subjects remained under Governor-General’s control.
Provincial AutonomyProvincial dyarchy abolished; provinces granted responsible government, though subject to safeguards and discretionary powers.
Authority of ProvincesProvinces placed directly under the British Crown with separate finances and power to raise loans.
Legislative ListsThree lists—Federal, Provincial, Concurrent—introduced; Governor-General had overriding and veto powers; joint sittings for deadlocks.
Provincial LegislaturesBicameral legislatures introduced in six provinces; others continued with unicameral legislatures.
Communal ElectoratesSeparate electorates and weightage expanded to depressed classes, women, and workers.
Franchise ExpansionElectorate widened to about 10% of the Indian population.
Federal CourtFederal Court set up in 1937 with original and appellate jurisdiction; Privy Council remained final authority.
Abolition of India CouncilCouncil of India assisting the Secretary of State was abolished.
Failure of FederationFederation never materialised due to princely opposition; provincial autonomy began in 1937, Centre remained colonial till 1947.

Government of India Act, 1935 — Critical Analysis.

The Government of India Act, 1935, though introducing major constitutional changes, suffered from several serious weaknesses that limited its impact and led to strong opposition from Indian leaders:

  • Concentration of powers in Governor-General and Governors:
    Even after nominal provincial autonomy, the Governor-General and provincial governors retained sweeping discretionary powers, including the power to veto and override elected ministries.
  • Expansion of separate electorates:
    The Act further extended communal electorates, which intensified political divisions among religious and social communities instead of fostering unity.
  • Rigid constitutional structure:
    The Act created a rigid constitutional framework with no provision for Indians to amend it. Only the British Parliament had the authority to make changes.
  • Failure of the proposed federation:
    The federal scheme could not come into effect because most princely states refused to join, and the onset of World War II made implementation impossible.
  • General rejection by Indian leadership:
    The Act was widely opposed by the Indian National Congress and several other parties, who viewed it as inadequate and restrictive.
  • Limited franchise:
    The right to vote was still confined to about 10% of the population, based on property, taxation, and educational qualifications.
  • Indian National Congress (INC): Criticized the Act for denying full self-rule and retaining British control over defence and foreign affairs; considered it inadequate.
  • Muslim League: Wanted further reforms but supported provisions like separate electorates and reserved seats as political safeguards for Muslims.
  • Princely States: Largely refused to join the proposed federation, fearing loss of autonomy and privileges.
  • British Government: Viewed the Act as a compromise to retain control while offering limited reforms; its weaknesses fuelled stronger calls for complete independence.

The Government of India Act, 1935 received mixed reactions but ultimately failed to meet nationalist expectations, strengthening the demand for full independence.

UPSC PYQ Questions:

Question 1: In the Federation established by The Government of India Act of 1935, residuary powers were given to the (UPSC Prelims 2018)

(a) Federal Legislature

(b) Governor General

(c) Provincial Legislature

(d) Provincial Governors

Answer: (b)

Q2: Consider the following statements: (UPSC Prelims 2021)

  1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all women above the age of 21.
  2. The Government of India Act of 1935 gave women reserved seats in the legislature.
    Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b)

MAINS QUESTION: UPSC CSE : 2016
Did the Government of India Act, 1935 lay down a federal constitution? Discuss. (200 words, 12.5 marks)

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