Unit 4

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' I

UNIT 4 ADMINISTRATIVE SYSTEM UNDER


1935 ACT
Structure
Objectives I

Introduction
Prelude to the Refortps
4.2.1 The Simon (=ommission (1927)
1,
4.2.2 The Nehm $cheme
4.2.3 Response ,
The Governmerit of India Act 1935
4.3.1 Main Featuhs
4.3,2 Comments
Admin-tive $ystem at the Centte
4.4.1 All India ~e&ration
4.4.2 Failure oft& All India Federation
Provincial Autonomy
4.5.1 Legislature &Id Executive at the Provinces
4.5.2 The Working of Provincial Autonomy
4.5.3 The Gains
The Administrative Structure
4.6.1 Organisation of Departments
4.6.2 The Public Service
4.6.3 Administratibn of Finpce
4.6.4 Administration of Ju liict
4.6.5 Local Administration
4.7 Towards the Ney Constitution
4.7.1 The Deadlock
4.7.2 f i e Process of Change
4.7.3 The Legacy of British Rule
4.8 LetUsSumUp I
4.9 Key Words '

4.10 References and E*urtherReadings


4.1 1 Answers to Check Your Progress Exercises

4.0 OBJECTIVES
After studying this Unit, you should be able to:
Explain the prelude to the Government of India Act 1935;
Discuss the features of the Government of I?dia Act 1935; and
Understand the administrative structure under the Government of India
Act 193 5.

4.1 INTRODUCTION
In the previous Unit, we have covered administrative developments during the
period from the War of Independence (1857) to the Montagu-Chelmsford
Reforms (1919). The general observation was that the policy of the British
government to associate people with the system of government seemed to be
more apparent than raal and, therefore, failed. In this Unit, we will discuss
developments that led to the Government of India Act 1935 and its main
provisions affecting the structure of government and administrative
arrangements. We will also locate the reasons for the failure of the Act of 1935
and highlight the events inevitably leading to the New Constitutional exercise for
Free India.
Administrative System
4.2 PRELUDE TO THE REFORMS under 193SAct

4.2.1 The Simon Commission (1927)


'The 1919 Act had provided for the appointment of a Commission to review the
provisions of the Act in the light of its working and to extend, modify or restrict
'the degree of responsibility of government of India. The Commission was to be
appointed in 1929 as per the provisions of the Act. it for various political
reasons, it was appointed in 1927 with Sir John Simon as its Chairman. The all-
European composition of the Commission was taken as an insult to Indian
nationalism. The Indian National Congress, therefore, decided to boycott the
Commission at every stage and in every form. The slogan 'Simon Go Back' had an
electrifying effect. There was also a revival of terrorist activity reflecting the anger
of the people due to the manner in which the national leaders like Lala Lajpat Rai
were treated by the police. The Commission, however, completed its work. The
1 recommendations of the report were further examined by the Joint Select
Committee of the Parliament.

1
The Simon report recommended the discontinuation of the dyarchy and leave
provincial government in the hands of ministers responsible to provincial
legislatures. some safeguards, however, were retained in the interest of minorities
in the grant of special powers to the Governor. It recommended a Federation like
structure at the Centre - a 'Council of Greater India' representing both the interests
-the British India and the princely States. Political atmosphere in India was hostile
to acceptance of the report. Otherwise, some of the recommendations of the Simon
Commission would have hastened the process of fully responsible government in
the provinces as well as at the centre.

I 4.2.2 The Nehru Scheme


Boycotting the Simon Commission was a negative way of response. The
challenge was to frame a proposal of constitutional reforms acceptable to all. An
All Party Conference was, therefore, called at-Delhi in February 1928 and it
came out with a report within six months (August, 1928) known as the Nehru
Report. It was named after Pandit Motilal Nehru,;the Chairman of the Committee
which was constituted to draft the recommendations. The Indian National
Congress ratified the Nehru report in its Calcutta session held in December 1928.
!
The report recommended responsible governments both at the provinces and the
Centre. The Central government had bicameral legislature. Its lower house (The
House of Representatives) was directly elected from joint non-communal
constituencies. The distribution of power was on federal basis with residual
powers retained with the Centre. It recommended settina up a defence committee
with advisory functions. It also provided Fundamental Rights in the constitutipn.
The Report suggested reorganisation of provinces (creation of Sindh, and raising
the status of North West Frontier province) so as to help Muslims have majority
in four provinces. It recommended princely states to hasten the introduction of
similar changes.
4.2.3 Response
Though Congress accepted the Nehru Report, Muslims rejected it. Under
Jinnah's Fourteen points (1929), they favoured residuary powers to the
provinces, one-third representation to Muslims in Central legislature and
ministers, concurrence of three-fourth members of a community before a Bill
affecting its interests is passed, protection of Muslim culture and due
representation in governmental services.
Congress also was not happy with the goal of dominion status as recommended
by the Nehru Report. Obviously, the Report had favoured Dominion status not as
an ultimate goal but the next immediate step in constitutional reforms. The
Simon Commission's recommendations were discussed in three Round Table
- - --. .- -- - - - A
Historical Context GandhiY$Civil Disobedience Movement. The second met when sympathet~c
labour party was voted out of power in Britain. he Third worked in the shadow
of the Communal Award of MacDonald (August 1932) which accorded separate
electorates on communal basis thereby perpetuating communal tensions' and
encouraging separatist tendencies. The Poona Pact (September 1932) between
Mahatma Gandhi and B.R. Ambedkar modified the provisions of the Communal
Award with respect to the depressed classes. Ambedkar agreed to joint
electorates and in (exchange got more representation. The Third Round table
finalised the sub-committee recommendations. The three conferences
collectively shaped the most important constitutional reforms in the Indian
history - the Government of India Act 1935.
I

4.3 THE GOVERNMENT OF INDIA ACT 1935


'4.3.1 Main Feijtures
The White Paper and the Joint Select Committee report shaping the Government of
India Act 1935 dropped and altered many suggestions of the Simon Commission
and the recommendations of the Round Table conferences. This confirms that
'British nation has no intention whatsoever of relinquishing effective control of
Indian life and progress' (Winston Churchill). The Act retained the supremacy of
the British Parliament and also the Preamble of the Act of 1919. It meant 'gradual
realisation of self governing institutions' as the goal and there was no mention of
Dominion status and the inclusion of provisions to attain it. All rights of amending,
altering or repealing the provisions were kept with the British Parliament. The Act
removed dyarchy of the provincial level but introduced it at the Central level. It
also introduced safeguards operated in the interest of the British. For the first time,
the wide range of subjects were classified in the three list system and assigned to
appropriate level of government. This was a novel experiment.
4.3.2 Comments
Looking at the providions of the Government of India Act 1935 it appears that the
Joint Select Committee moved away from some of the recommendations of the
Round Table Conferences and the White Paper, for example, introduction of
indirect system of election for the Federal Council or the restrictions on the powers
of the Federal court to preserve the supremacy of the Privy Council. The nature of
safeguards, residuary powers with the Governor General, composition of the
Federal legislature make it clear that the Act provided a Federal form, but lacked
Federal spirit.
4.4 ADMINISTRATIVESYSTEM AT THE CENTRE
4.4.1 All India Federation
The Act proposed a federation bf British provinces and Princely States in India.
The Princely States had an option to join the Federation and the nature of
relationship would differ from state to state according to the Instrumeht of
.Accession. But the Instrument of Accession once extended would be irrevocable.
The Act provided a bicameral legislature - the Lower House elected directly and
the Upper House with a composite representation to princely states and affluent
classes. The Act also gave more powers to the Upper House (The Council of
States) -that of voting grants and making ministers responsible to the Council too.
The subjects allotted to the Federal Provincial governments were detailed in the
Three list system. Muslim representatives wanted the United States of America
model with strong provincial governments. The Liberals favoured the Canadian
model with strong Centre by keeping with it the residuary powers. At the Round
Tables, Lord Sankey, the Chairman of the Federal Structure Committee, therefore,
suggested the model of three list system detailing powers of both the centre' and
the provincial governmhnts and doing it exhaustively so as to leave very little
Dowers in the residuarv area. The subiects of common interest for the whole
country and which demanded a uniform treatqent were covered by the Federal list. Administrative System
under 1935 Act
These included 59 items. Subjects primarily of provincial interests and where no
uniform treatment was necessary were put in the provincial list. This contained 54
items. A third list covered subjects primarily of provincial interests where uniform
action was or would be desirable. These numbered 36. Residuary powers to
accommodate future needs were vested in the hands of the Governor-General. The
Act provided a Federal Court to interprd the provisions and to decide over inter-
province disputes. The principle of Dyarchy, that is, dividing governmental
administration into reserved and transferred subjects and treating them
differentially, was introduced at the Centre. The Act thus proposed a Federal form
of government for India and for the first time tried to bring British provinces and
Indian States under one common constitution. It carried the essential features of
Federation - a written constitution, division of subjects between federal and
provincial governments and thirdly, a Federal Court to interpret the provisions of
the Constitution. The Act not only pointed out the direction of our constitutional
development but also greatly influenced our constitution making in independent
India.
4.4.2 Failure of the All India Federation
The proposed All India Federation did not materialise. It was conceptually
inadequate and structurally defective. It could convince nobody - the Indian
National Congress, the Muslim League, the Hindu Mahasabha or the Princely
States. Muslims opposed the majority rule. Princes opposed the forces of
democracy and Congress opposed Federation by courtesy. It thus remained 'a lost
ideal '.
Federation is a political mechanism. The members entering into a union should be
independent, legally equal and should voluntarily form the union. Here the
Princely States had an option to join the Federation and also to decide their
relations with the Federal government through the provisions of the Instrument of
Accession. Also undue weightage was given to the Princely States. They could
send their nominees (and not elect representatives like British provinces) and the
representation was proportionately larger than their geographic or demographic
strength. With roughly one-fourth of the population of British India, the princely
states had 104 seats out of 260 in the Council of State and 125 out of 375 in the
House of Assembly. This created a reactionary block in the legislature as the
Princely States were lagging behind the provinces in the introduction and practice
of democratic reforms.
In a federation, Constitution is supreme. But in the Act, supremacy of the British
Parliament was retained. The Secretary of State for India and the Governor-
General were the ultimate authority and they were above the Act. The Act gave
area of discretion, area of individual judgement and special responsibility to the
Governor-General. This made the Governor-General not responsible to the
legislature. As the dyarchy was introduced at the Centre, his control over reserved
subjects was absolute and over transferred subjects very effective. All the
Governors and ICS officers acted under .his instructions. Federal constitution on
the other hand tries for a balance in power in its different organs and levels.
Provincial autonomy was also restricted in practice in the context of safeguards
provided in the Act. Such provincial governments with an unrepresentative and
powerless Central legislature made negation of the spirit of Federalism. Though
the distribution of power through the Three-list system could be condoned as being
the first attempt and could have been improved upon, keeping residuary powers
with the Governor General was harmful.
The Act could have developed some healthy conventions and certain powers given
to executive been accepted as natural if the executive would have been responsible
to the legislature and the legislature supreme, in its field. Both these aspects were
missing. Atlee called, therefore, the keynote of act as 'mistrust and distrust'. The
Historical Context line of thinking now changed and Congress felt that the struggle for self-
government could not further be carried within a constitutional fiame but need to
be carried on a mass base. This indicated the full decline of the liberals and the
endorsement of Mahatma Gandhi's mass agitational movements. The logic of Quit
India thus becomes clear.
Check Your Progress 1
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
1) What are the recommendations of Simon Commission?

2) What are the features of Nehru Scheme?

3) What are the features of Government of India Act, 1935?

4.5 PROVINCIL AUTONOMY


\
4.5.1 Legislature and Executive at the Provinces
\

The 1935 Act discontinued the application of dyarchy introduced at the provincial

6
level under the ct of 1919 as the experiment failed miserably. The distinction
between transf rred and reserved subjects was removed and the whole
administration was entrusted with the ministers responsible to the legislature. The
provinces were given a separate legal status, specified subjects to operate
according to the three-list system and provided a federal relationship with the
Centre. But the All India Federation did not materialise and the powers given to the
provinces became delegated authority under the devolution rules of the 1919 Act.
Significantly, the Joint Parliamentary Committee report stated that each province'
will possess executive mechanism and legislature. It meant duality of power in
ministers and the Governor at the provincial level. The special powers of the
n_ _- _- _ _I -.. -3.1 - I. _.
I - _ 3 .. -.A - 2 - -r LI - 0 -.- -
General show that the legal meaning to these phrases had significance in practice. Administrative System
under 1935 Act
The Governor-General was the final authority in case of conflict between the
Centre and provinces over the concurrent list. Many Bills in the provincial
legislature needed prior approval of the Governor-General. The executive authority
of the provincial government was restricted. The Governor-General could give
direction, issue instructions to the Governor regarding the manner in which
executive authority could be exercised in certain matters. Also in all matters where
the Governor acted in his discretion or in his individual judgement, he was bound
by the instructions of the Governor-General. On the face of it, many of these
provisions would be formal and natural in the context of the formation of a federal
state from the otherwise unitary administration. Restrictions of similar nature have
found place in our present constitution too. Centre-State relations are more political
than administrative. As it would have it, the 1935 Act put these powers in the
executives who were politically not responsible to the elected legislature.
Governor's power of acting in his discretion and in individual judgement to
discharge his special responsibilities was very comprehensive. He had special1
powers with regard to Police Department and Services besides the power of
making ordinances. Further the powers under 'Governor's Act' were more drastic
than the power of certification given to him under the 1919 Act. Here he could
bypass the legislature. The legislatures were broad based and elections direct. But
the principle of communal representation was extended to promote, new classes.
Yoting qualifications were minimum level of literacy and other Monetary-
qualifications like payment of income tax, etc. The voters thus constituted hardly
27 per cent of the adult population of British India. It was an advance\ over the
1919 Act, but it was too short of adult franchise which would make democracy
broad based. The legislative and financial powers too were restricted because of
the ordinary and extraordinary powers of the Governor.
4.5.2 The Working of Provincial Autonomy
In the elections, Congress obtained clear majority in six provinces. In three
provinces, Bengal, Assam and North-West Frontier provinces, it was the single
largest party. Only in the Punjab and Sindh, it could not come close to power.
Congress victory in North-West Frontier provinces was more significant giving it
the real national representative character. After receiving assurance from the
Governor-General that Governor will not interfere in the day-to-day
administration and that he would reach his decisions with full understanding of
the ministers' arguments, Congress assumed power. The ministries were
entrusted with large developmental activities and engaged in introducing social
change. These covered primary education, prohibition, tenancy laws, agricultural
indebtedness, rural development, industrial wage disputes, cottage industries and
improvement of weaker sections of the society. But political issues created
problems and made clear the reality of Governor's overriding authority, for
example, release of political detenues in U.P. and resignation of the Congress
ministries in October 1939 on the issue of unilateral declaration by the British .
Government of India's joining the World War I1 on the side of the Allies.
4.5.3 The Gains
Whatever the powers, the record of provincial ministers was satisfactory. It gave
administrative expertise and Indian people proved worthy of it. It also proved that
the Indian National Congress while agitational in political programmes was
equally a constructive force in Indian politics. The Act gave first taste and practice
of parliamentary self-government and established good parliamentary conventions.
The working of provincial autonomy thus furthered the cause of nationalism.
Check Your Progress 2
*
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
Historjcal Context , 1 What are the reasons for the failure of All India Federation proposed in the
Act of 1935?

2) Elaborate the gains of provincial autonomy.

4.6 THE ADMliNISTRATIVE STRUCTURE


4.6.1 Organisation of Departments
h the reorganisation of departments, natural grouping of subjects and
administrative branches was the main consideration. The workload of the
department also was a factor in reorganisation. The whole administration was
organised into eleveh departments. Council of Agricultural Research was
established in 1929. In 1937, the Foreign and Political Department was divided
into two departments. Similarly, Department of Industries and Labour was
bifurcated into two saparate departments. In 1942, there was reorganisation in
Food Department and 'also three separate Departments of Education, Health and
Agriculture were established. However, departmental reshuffling was not always
rational but influenced by economy considerations and the exigencies of war. In
1947, there were hineteen departments, Home, External Affairs and
Commonwealth relatipns, Finance, Transport, Railways, Education, Health,
Agriculture, Food, Industries and Supplies, Political (States), Legislative Works,
Mining and Power, Labur and Information, and Broadcasting.
Procedural changes aimed at reducing delay in administrative process. The
Secretariat Procedure Committee, 1919 advocated delegation of power (Financial
delegation), simultaneous circulation of papers to concerned levels and intormal
communication between the Member, Secretary and Deputy Secretaries in a
Department. The Maxell Committee (1937) looked into the Minister-Secretary
relationship in the context of administrative continuity. Gorawala Committee
(1951) looked into ihe question of administrative integrity while Appleby
Committee (1953) focused on training needs of officials especially the middle level
officials and the need to establish Organisation and Method Department for
continuous appraisal of administration structures and processes.
4.6.2 The Public Sewice
The 1935 Act classified services as superior and other services. The Indian Civil
Service, Indian Police and Indian Medical (Civil) Services were classified as
superior services and controlled by the Secretary of State. These continued to enjoy
<A c n ~ r i a lriohtc anrl n r i v l l p n ~ c (hTn a r l v ~ r nnrd,ar
~ aoainct a mpmhpr nf the ciin~rinr
service could be passed without concurrence of the Governor. They had right to Administrative System
under 1935 Act
appeal to the Secretary of State against an adverse order.) The 1919 Act had
recommended for the establishment of the Federal Public Service Commission and
through it, Indianisation of Services was realised. The profile of service that
developed was that of a generalist associated with the formulation of policies and
their implementation. As a whole Public Service retained an All India character.
4.6.3 Administration of Finance
The financial arrangements under the Government of India Act 1935 were based
on the recommendations of the Niemeyer Committee. Revenue sources followed
the list system. As such receipts from provincial subjects formed the main income
source for provinces. Provinces were given some additional sources of revenue
too; for example, share in succession duty other than landed property, share in
income tax, grant in aid, etc. The provinces were also given power to raise loans on
the security of their resources. The Centre to secure financial stability for itself
could for a period retain such sums as might be prescribed in the form of a fixed
percentage of income tax assigned to the provinces. The Auditor General of India
occupied a key position in financial administration. He controlled the accounts
both of the Centre as well as the provinces. The Reserve Bank of India was
established in April 1935. Financial control over expenditure ww exercised
through the Public Accounts Committee of the legislature. The centralised
machinery of finance has been a feature of the Indian system since the Charter Act
of 1833. The position of the office of the Comptroller and Auditor General in
India, a statutory office in our present*constitution, derives strength from this
historic fact.
4.6.4 Administration of Justice
The Government of India Act 1935 established the Federal Court to interpret the
provisions of the Act and also to deal with inter province conflicts. It is a
prerequis'ite of a federal form of government. The Privy Couneil still continued as
the highest court of appeal for India (it indicates uneasy compromise). The Federal
court made substantial contribution to the constitutional development of India.
Much credit for this goes to Sir Maurice Gwyer, as the first Chief Justice in the
formative period of its working. It established the cardinal principle of
'tldependence of Judiciary in the critical period of its functioning. The immediate
aim was to protect the autonomy of provinces and to emphasise order in the
;~oliticallyactivated atmosphere.
4.5.5 Local Administration
Local government being a 'transferred, subject' received attention since the
introduction of dyarchy under the Act of 1919. All provisions enacted in this field
made local governments more representative and popularly controlled. The
legislation also provided for representation for backward and depressed classes and
for labour class. But as local bodies were drawn in the nationwide political surge
through civil disobedience movement, they lost the priority of attention. The
traditional panchayat system had long been defunct. ~ n d t h new
e local government
could not take firm roots. The fact is that local government rural or urban grew as
administrative necessity of managing local funds. Ripon's objective of political
education was lost in executive directions that followed the Resolution. Older
village panchayat system was based on a corporate spirit and the British tenancy
legislation affected this base. The British administration of Justice was also
centralised. The defunct panchayats, therefore, became a sink of lacalism and a den
of narrow mindedness (Ambedkar). The Decentralisation Commission also looked
at the problem from administrative angle. It was only with the experiment of
Community Development Movement and its subsequent development in
Panchayati Raj that rural government structure became meaningfully involved in
the larger processes of participative development.
. Historical Context
4.7 TOWARDS THE NEW CONSTITUTION

The Government of India Act 1935 was introduced in provinces. It was expected
that the All India Federation would follow and provinces would get status of
Federal units. But the All India Federation did not materialise, the Governor-
General-in-Council exercised the executive authority on behalf of His Majesty.
Even though the Federation did not come into existence, Federal Court, Federal
Public Service Commission and Federal Railway Authority started functioning.
Unilateral decision on the part of the British Government of India's participation in
the Second World War on behalf of the Allies provoked Congress. It wanted the
British Government to declare that India would be free after the war. The
Government declared that it would undertake the review of 1935 Act immediately
after consulting with various representatives of communities and Princely States.
Participation in the Advisory Consultative Group suggested by the Governor-
General was felt inadequate as the Governor-General could accept its advice at his
will. Under these circumstances, Congress ministries under the resolution of the
Working Committee resigned from their offices in October 1939 creating a
political deadlock. Declaration of constitutional breakdown by the Governors was
no solution to this situation. Therefore, the British Government in response to the
Poona resolution of the Congress Working Committee (July 1940) renewed its
offer conceding some of the demands of Congress. But the precondition that such a
transfer needed the acceptance of minorities (in essence the Muslim league) made
the offer ineffective. ?he 1935 Act thus became a 'lost ideal7.
Political developments were now quick, like individual Satyagraha (1940),
inevitable failure of the Cripps Mission (1942), the Quit India Movement (1942),
the Cabinet Mission Plan (1946) and the Mountbatten Plan (1947) leading to
partition and ultimate independence of the country.
4.7.2 The Process of Change
Change is a continuous - discontinuous process. It is a development from earlier
systems taking something from these and at the same time rejecting the other. As
it moves through interaction with the old' institutions, it shapes them and while
doing so itself too undergoes a change. The outcome is a mix of the old and new
together. The administration of free India inevitably contains the impact and
influence of the earlier experiments carried by the British government. The
legacy of British rule is, therefore, natural and obvious.
4.7.3 The Legacy of British Rule
The Free India inherited governmental machinery, as developed by the British.
More than the machinery, it received from the British rule the feeling of
importance attached to these institutions - the feeling of Raj, the importance of
having a government, its necessity and. accepting its strength. The traditional
respect the 'Sarkar' carried was as if passed on to the new government. The
government is everywhere - One cannot escape it. There is an awareness of it, a
sense of importance and acceptance that it needs to be strong and stable. The
Federal structure of government is also an important legacy. India is a federal
state with important unitary features. The 1935 Act which influenced its structure
was unitary with strong federal features.
The British administration was district-centred. It was headed by a generalist
head with an overriding authority. The district head not merely represented
government at the district level; he was in fact governmint at the district level.
The district was subdivided into talukas consisting of villages and also grouped
upwards into firkas. This framework still continues.
The All India services, especially the Indian Administrative Service and the
Indian Police Service strengthen integration. It gives an All India character to
governmental personnel and provides a steel frame to the administrative Administrative System
under 1935 Act
machinery. The structure of these services, their built and shape, their manner of
functioning, inter-service and intra service relations and the ethos has influenced
not only governmental functioning but governmental thinking too not only of the
government but also of people at large.
Constitutional experiments were enlarging and strengthening legislatures. Along
side legislative institutions, legislative culture also was spreading even though
the national environment was becoming uncongenial. The Indian National
Congress under the leadership of Mahatma Gandhi was becoming agitational,
anti-governmental and extra parliamentary. The essence of legislative culture is
discussion and dialogue between different interests, answerability of the
executive and acceptance of responsibility in case of failure of its actions. This
was accepted and necessary skills were developed as people took part in the
working of councils.
The legacy of judiciary, respect for the judicial structure, acceptance of its
independence, and regard for its values has also taken firm root in the soil. The
boycott of courts was not as strong as the boycott of legislature. Many of the
leaders in the early freedom struggle were from law profession who respected
this tradition. The debates in the constituent assembly regarding judicial system
also reflect this aspect. Considering various reforms leading to independence it
looks that the thread of British legacy runs through and reflects a degree of
continuity in the process of change in later year.
Check Your Progress 3
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
1) Explain the features of administration of Finance.

2) Bring out the significance of British legacy in India.

4.8 LET US SUM UP


The Montford Reforms gave a responsive autocracy at the Centre and a truncated
government at the provinces in the form of dyarchy..Its failure was confirmed and
the Round Table Conferences indicated the nature of the new constitutional
refirms. The 1935 Act, as it was ultimately drafted through these conferences,
proposed an All India Federation at the Centre and provincial autonmy at the
Historical Context acceptance by a requisite number of Princely States before coming into force.
Provisions regarding provincial governments were implemented. Provincial
autonomy was a success in its operations as well as in bringing out its limitations.
The Act of 1935 as a whole, however, was important. It not only acted as an
interim constitution but also provided a basis for the constitution of Free India. The
Acts along with earlier constitutional reforms gave direction to the process of
change as well as influenced its contents. It is this aspect which provided
continuity in change.

4.9 KEY WORDS


Bicameral Legislature : Legislature with two Houses. Normally
the lower house is broad based and
representative and is politically more
important. The Upper House has special
1 significance in a federal form of
government.
Civil Disobedience Movement : One of the nationwide movements
launched by Mahatma Gandhi in 1930
expressing his techniques of Satyagraha.
It covered voluntary withdrawal of
association with British Government
including non-payment of taxes.
Independence of Judiciary : Provisions keeping judiciary away from
the executive influence. It gives them
security of tenure and freedom in the
administration of justice. This
independence is an indicator of
democracy.
Three List System : This is the detailed division of subjects
between the Central and Provincial
governments. Subjects were divided into
three types - Federal, Provincial and
Concurrent. The subjects which were of
common interest for the whole country
were covered under the Federal list.
Subjects which were primarily of
provincial interests were put in' the
provincial list. The rest of the subjects
where uniform action was or would be
desirable were put under Concurrent list.

4.10 REFERENCES AND FURTHER READINGS


Aggarwala, R.N., 1964, National Movement and Constitutional Development of
India; S. Chand & Co. (P) Ltd., New Delhi
Johari, J.C., 1977, Indian Government and Politics; Vishal Publications, Delhi
Maheshwari, S.R., 1984, Indian Administration; Orient Longman, New Delhi
Mishra, B.B., 1970, The Administrative History of India; Oxford University
Press, London
Robert, P.E., 1952, History of British India under the Company and the Crown;
Oxford University Press, London
Thornson, Edward and Garratt, G.R., 1958, Rise and FulJillment of British Rule
:--
T--L--. ~ - - - - in - - t - n---~
AII-L-L-A
Administrative System
4.11 ANSWERS TO CHECK YOUR PROGRESS under 1935 Act
EXERCISES
Check Your Progress 1
1 ) Your answer must include the following points:
Discontinuation of the dyarchy.
Setting up of a Federation.
Special powers given to the Governor.
2) Your answer must include the following points:
Setting up of responsible governments at the Centre and provinces.
Constitution of Bicameral Legislature at the Centre.
Distribution of powers between the Centre and provinces.
Provision of Fundamental Rights in the Constitution.
Reorganisation of provinces.
Other recommendations.
3) Your answer must include the following points:
Constitution of a Federal form of government.
Written Constitution.
Division of subjects between the federal and provincial governments.
Setting up of Bicameral Legislature.
Federal Court for interpretation of the provisions of the Constitution.
Check Your Progress 2
1) Your answer must include the following points:
Retention of supremacy of the British Parliament.
Absolute powers given to the Secretary of State for India and Governor
General, who were above the Act.
Unrepresentative provincial governments and Central Legislature with
no powers.
Undue weightage given to the Princely States.
Restricted provincial autonomy.
2) Your answer must include the following points:
Provided administrative expertise to Indians.
Proved the worth of Indian National Congress as a constructive force in
Indian politics.
Establishment of good parliamentary conventions.
Working of provincial autonomy furthered the cause of nationalism.
Check Your Progress 3
1) Your answer must include the following points:
Sources of income for provinces and Centre.
Key role of the Auditor General of India.
Financial control exercised over expenditure by the Public Accounts
Committee.
Establishment of the Reserve Bank of India.
2) Your answer must include the following points:
,
Inheritance of governmental machinery as developed by the British.
Awareness of importance of government, which is to be strong and
..
Historical Context Framework of District Administration headed by a generalist.
All India Services.
Independence of judiciary, judicial structure, regard for its values.

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