Unit 4
Unit 4
Unit 4
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 '
4.0 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
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.
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
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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?
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.