Government of India Act 1935: Importance, Provisions, Impact

After the enactment of the Government of India Act 1919, because of several important events that occurred in Indian politics, the British government passed the Government of India Act 1935. The government announced that this Act would come into effect from April 1, 1937. Below is a discussion about the background, features, limitations, and importance of the Government of India Act 1935.

Background of Government of India Act 1935

There were various reasons behind the enactment of the Government of India Act of 1935; those are:

• When the Government of India Act 1919 failed to fulfil the hopes and aspirations of Indians, intense mass movements began across India under Mahatma Gandhi’s leadership. Through the Non-Cooperation Movement of 1920 to 1922 and the Civil Disobedience Movement of 1930 to 1934, the Indian National Congress demanded Swaraj and complete Swaraj, respectively. The British government realised that until a new constitution was introduced, Congress’s mass movements could not be stopped.
• Although the British government implemented the Rowlatt Act to suppress the protesters, that did not appease public opinion. Even after the withdrawal of the Non-Cooperation Movement, the Swaraj Party, under the leadership of Chittaranjan Das and Motilal Nehru, won elections and attempted to break down the Government of India Act 1919 by creating constitutional obstacles within the legislature. Finally, the Central Legislative Assembly passed a resolution stating that “the Governor-General and his Council are requested to revise the existing constitution by 1929 to establish responsible government.” Although the Governor-General did not accept this proposal, the British government realised that an alternative constitution was necessary.
• Meanwhile, in 1924, the government asked Muddiman Committee founder Sir Alexander Muddiman to report on the flaws and shortcomings of the Government of India Act 1919. This committee included Tej Bahadur Sapru and Muhammad Ali Jinnah. While the majority of committee members gave a favourable report to the government, some minority members pointed out the need to draft a new constitution. They stated that the provincial Dyarchy had completely failed.
• Subsequently, on February 3, 1928, the Simon Commission came to India to assess the flaws in the Government of India Act 1919 and to evaluate whether Indians were ready for self-governance. The Simon Commission’s report, which investigated every aspect, was submitted in May 1930. Indian politicians criticised this report because it only made recommendations on specific issues.
• Alongside the Simon Commission report, the ‘Nehru Report of 1928‘ was introduced under the chairmanship of Motilal Nehru. It demanded Dominion Status for Indians, which was the most frustrating issue for Indians. Because in this situation, all Indians had become vocal in their demand for Swaraj.
• Based on the Simon Commission’s report, the British government organised three consecutive Round Table Conferences in London in 1930, 1931, and 1932 to discuss with Indian leaders. Although each meeting failed, the British government was compelled to consider introducing new constitutional reforms. In this situation, the government published a ‘White Paper’ on Indian administration. To examine the proposals published in this White Paper titled “Proposals for Indian Constitutional Reforms,” the British government formed a Joint Parliamentary Committee, or Joint Select Committee, or Linlithgow Committee, in April 1933, whose chairman was Lord Linlithgow.
• After lengthy discussions, this committee submitted its report on November 22, 1934. Based on this report, a bill was introduced in the House of Commons on February 5, 1935. An intense debate ensued between Conservative Party (Tory Party) leader Winston Churchill and Labour Party leader Clement Attlee over the bill. As a result, some portions of the bill had to be amended. Finally, based on the recommendations of the Joint Select Committee, the Government of India Act received royal assent on August 2, 1935, and the bill became law.

Features of Government of India Act 1935

The features of the Government of India Act 1935 can be divided into two parts. These are discussed below.

Central Government

• According to the Government of India Act of 1935, a kind of ‘Dyarchy’ system was introduced at the central level.
• This Act had two main proposals: First, an Indian federation would be formed at the central level, comprising princely states and various provinces of British India. However, the princely states would decide for themselves whether they wanted to join this federation or not. However, members from princely states were not elected by public vote. They were appointed by the native rulers. Second, a provincial autonomy framework would be established.
• The governance of the federation will be governed by a Council of Ministers under the Governor-General. The Governor-General would appoint his council members from among the legislature members, and the ministers would be accountable to the legislature for their work. The dismissal of ministers was at the Governor-General’s discretion.
• A bicameral legislature would be formed at the central level. One was the Council of State, and the other was the Federal Assembly. There would be 260 members of the Council of State. Out of these 260 members, 156 members would be from British India. Out of 156 members, 150 members are elected, and the Governor-General nominates 6 members. The remaining 104 members would be representatives from princely states. For the Council of State, one-third of its members will vacate their positions every three years, and new members will be appointed to fill those vacancies.
• The Federal Assembly would have 375 members. Out of these 375 members, 250 members would be from British India, and 125 members would be representatives from princely states. The Federal Assembly’s term would be for 5 years.
• Muslim members would be elected on a communal basis, and scheduled members would be elected based on the Poona Pact of 1932. Separate election provisions were also made for Sikhs, Christians, Anglo-Indians, Europeans, and other communities.
• The central government’s administrative matters were divided into two parts: reserved and transferred. Reserved matters included defence, law and order, foreign affairs, religious matters, foreign policy, military, currency, and monetary policy. These responsibilities would be entirely in the hands of the Governor-General and his three advisors. The Governor-General would be directly accountable to the British Parliament in these matters.
• Transferred matters included education and health. The administration of affairs was vested in the Governor General, on the advice of the Cabinet. However, he could disregard the ministers’ advice.
• The Governor-General had ultimate authority over the administration of the country. The central legislature needed the Governor-General’s permission before drafting any law. Additionally, the Governor-General enjoyed certain ‘discretionary power’ and ‘functions exercisable on individual judgement.’
• The Governor-General was directly accountable to the Secretary of State for India and the British Parliament for his actions.
• Each house of the federal legislature would have a president, with the Federal Assembly’s president being called the Speaker.
• This Act increased the total number of voters by approximately 14 percent.
• Three separate lists were created to distribute power between central and provincial governments. These were: a Central List containing 51 matters, including military department, foreign policy, railways, and currency; a Provincial List containing 55 matters, including education, public health, law and order, cooperation, and police; and a Concurrent List containing 36 matters, including newspapers, marriage, printing and press, law, adoption and inheritance, and industry.

Provincial Government

The aspects of provincial government formed through the Government of India Act 1935 were:

• Arrangements were made to establish autonomy in the provinces by ending the Dyarchy system.
• The members of the cabinet, headed by the provincial governor, will be nominated from among the members of the provincial legislature. In provincial matters too, the power to make and withdraw laws would remain with the governor.
• Separate election provisions were made for Muslim members and scheduled members according to the Poona Pact. The policy of seat reservation for Anglo-Indian and Christian communities was recognised in this Act.
• Like the central level, provincial governors would have the authority to determine policies regarding defence, law and order, religion, etc.
• Provincial legislative councils were of two types: bicameral and unicameral. Bombay, Madras, Uttar Pradesh, Bangladesh, Bihar, and Assam had bicameral legislatures, while the remaining 5 provinces had unicameral legislatures.
• The upper house of the provincial government was called the Legislative Council, and the lower house was called the Legislative Assembly. The total number of members in both houses was 250. In the North-West Frontier Province, this number was 50.
• Under the Government of India Act 1935, a federal court would be formed with 1 chief justice and 6 regular justices, totalling 7 justices. However, the King or Queen of England determined the number of regular justices. The federal court had three jurisdictions: original jurisdiction, appellate jurisdiction, and advisory jurisdiction.
• The provinces were divided into two classes. First, 11 provinces were governor-ruled, namely Madras, Bombay, Assam, Bengal, Bihar, Punjab, Uttar Pradesh, Berar, and NWFP, along with the newly formed Orissa and Sindhupradesh. Second, 5 provinces were Chief Commissioner-ruled: Balochistan, Ajmer, Marwar, Kodagu Or Coorg, and the Andaman-Nicobar Islands. However, only governor-ruled provinces gained autonomy.

Limitations of Government of India Act 1935

The main purpose of the Government of India Act 1935 was to establish a federal system of administration for greater India. It might seem that the British wanted to build a united India and legally recognize Indians as one nation. However, upon closer examination, it becomes clear that the British government had no such intention. The Act was designed to enable Indians to quarrel among themselves. The arguments behind this statement are:

• The 1935 Act did not expand voting rights. Only 14 percent of British India’s total population received voting rights.
• Due to excessive powers in the hands of the Governor-General, the power of elected representatives in the legislature was limited.
• This Act did not give Indians true autonomy. Because the unlimited powers of the Governor-General at the central level and the power of governors in provinces turned self-governance into a farce.
• The decision to join the Indian federation was left to the will of the princely states’ rulers. Historian Rajani Palme Dutt, in his book “India Today,” said, “The proposed Indian federation was a completely false nomenclature.” Moreover, Muslims opposed the formation of a federation because they thought they would become a minority at the central level if the federation was formed.
• This Act encouraged communalism by providing separate election provisions for different communities. Due to such various flaws and shortcomings, different political parties and leaders criticised this Act with various comments. The Indian National Congress termed the Government of India Act 1935 as “totally disappointing.” Congress leader Jawaharlal Nehru called it “A new chapter of slavery.” The Muslim League also called this act a “destroyer of democracy and freedom.”

You can also read about the Government of India Act 1858: Transition to Crown Rule.

Importance of Government of India Act 1935

Despite various flaws and limitations, the importance of the Government of India Act 1935 was undeniable. This Act laid the foundation for independent India’s federal and responsible system of government. This act brought about the principle of autonomy in the provinces, leading to responsible governance, which was praised by Jinnah and the Muslim League. Later, the framework of independent India’s constitution was built based on the Government of India Act 1935.

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