THE GOVERNMENT INDIA ACT- 1935

➢ Royal Assent : 2 August 1935

➢ Commencement : 1 April 1937

The largest act enacted by the British parliament at that time.

So, it was divided into TWO separate acts namely-
1.THE GOVERNMENT OF INDIA ACT- 1935
2.THE GOVERNMENT OF BURMA ACT- 1935

➢ Aim of The Act : To make further provision for the government of India
➢ Territorial Extent: United Kingdom and British India
➢ Repealed : 26 January 1950 ( India )
23 March 1956 ( Pakistan and Bangladesh )
19 November 1998 ( United Kingdom)
 TEAM 03
E
LEGAL LIONS
Nasrum Fateha Oishi, Md Rahul D
Hossen, Md Motakabbir, Md Mobarak
Hossain, Zinat Ara Rabeya, Sheikh
Md Arafat, Nazmun Nahar Supti,
C
Meraj Hossain Sagor
B
A
This Photo by Unknown Author is licensed under CC BY-SA
 BACKGROUND
The act was based on This Photo by Unknown Author is licensed under CC BY-NC-ND

❑Simon Commission Report

❑The Recommandation of The Round
Table Conference
❑The White Paper Published by The
British Government in1933
❑Report of The Joint Select Committies
 MAIN PROVISIONS

❖Option for States to Join: Formation all India Federation

ALL INDIA FEDERATION

▪ It consist of British India and Princely States

▪ The Provinces in British India would have to join the federation

but this was not compulsory for the princely states.

▪ The Indian States and the Provinces were separately allotted

seats in the Federation Assembly and the Council of The States

This Photo by Unknown Author is

licensed under CC BY-SA
 Division of Power

This Photo by Unknown Author is licensed under CC BY-SA

➢ The division of subjects that were given by the Government of India Act,
1919 was revised and added some more subjects in it by this Act of 1935 and
included three lists.
These were:
• Federal list- 59 items
• Provincial list- 54 items
• Concurrent list- 36 items

➢ The subjects which were of all-India interest and demanded uniform

treatment were put in the Federal list. Only the Federal Legislature could
make laws on the Federal subjects.
➢ Subjects of mainly of local interest were placed the Provincial list and were wholly within the
jurisdiction of the Provincial Legislatures for the purpose of legislation.

➢ The third list known as the Concurrent list, and which contained 36 items, included subjects
which were primarily Provincial interest but at the same time required
uniformity of treatment all over the country. Hence, the Act authorised both
the Federal and Provincial Legislatures to pass laws on those subjects.

➢ In the event of a conflict, the Federal law was to prevail. In order to resolve this
point of conflict, the Constitution authorised the Governor General to
allocate in his discretion the right to legislate on any subject, not included in
the lists, either the Centre or the province.
 Dyarchy at the Centre This Photo by Unknown Author is
licensed under CC BY-SA

This Photo by Unknown Author is licensed

under CC BY-SA

The Act of 1935 abolished dyarchy at the

Provincial level and introduced it at the Centre. There were two categories of
federal subjects:
• Reserved subjects ( Governor General + Not Exceeding 3 Executive Councilors )
• Transferred subjects ( Governor General + Not Exceeding 10 Ministers )

RESERVED TRANSFERRED

defence, religious affairs,

external affairs, press, media, local government, forest,
police,taxation, justice, tribal education, health
affairs
 Bicameral Federal Legislature

Under the government India act 1935,

Central Legislature

Federal Assembly Council of States

➢ The Federal Assembly was the lower ➢ Was to be Upper House

house with the tenure of five years.
➢ It was to be composed of 260 members of
➢ It was to be made of 375 members, out which 156 were to be representatives of British
of which 250 were to be representatives India while, 104 of the Indian states.
of British India and not more than 125 ➢ A permanent body one third of its membership
members from the princely states. retiring every 3rd year.

➢ The act also introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper
house) and a legislative assembly (lower house).
 Legislature’s Power Restricted

❑ Federal legislature were given absolutely

no control
❑ The governor general was required to
assent the bill and he had also right to
vote in case a bill passed by one chamber
of federal legislature and rejected by
another chamber
 Autonomy in Only Name

▪ The entire provincial administration was

placed under the charge of the popular
minister who were to be appointed by the
Governor .They were responsible to the
legislature.
▪ The governor was empowered to take away
the whole business of the popular ministers at
any time and established their administrative
control

This Photo by Unknown Author is licensed under CC BY-SA-

This Photo by Unknown Author is licensed under CC BY-SA-NC NC
 Abolition of India Council

➢ The new Act abolished India Council and provided for the appointment by the Secretary of State
and his team of Advisers whose number was not to be less than 3 and not more than 65.

Establishment of courts under the Government of India Act, 1935

Federal Court High Court

Establishment of courts under the Government of India Act, 1935

Federal Court

➢ The Government of India Act, 1935 provided for the establishment of a Federal Court which would
interpret the Act and adjudicate disputes relating to the federal matters.

➢ The Act provided for a Federal Court which would consist of one Chief Justice and not more than six
judges. The Federal Court was given exclusive original jurisdiction to decide disputes between the
Centre and constituent Units.
Appeal Appeal
➢ High Court Federal Court Privy Council

➢ The Federal Court also had jurisdiction to grant Special Leave to Appeal and for such appeals a
certificate of the High Court was essential
Retention of Communal Electorate

➢ It further extended the principle of communal representation by providing separate

electorates for depressed classes (scheduled castes), women and labour (workers).

➢ The Muslims got 33 ,1/3 percent of the seats in the Federal Legislature although their
number was much less than one-third of the total population of British India. Even the
workers and women got separate representation although they had not asked for it.
Importance of the Act

The Government of India Act was passed by the British parliament in 1935 and came
into effect in 1937.The Act was written in a legal style, organised around 11 'Parts' and
10 'Schedules'. Each part was further divided into chapters. It is considered to be one of
the longest pieces of legislation passed by the British parliament - parliamentary
debates around the Act involved 2000 speeches.

➢ The act holds great importance in the Indian history because it leads to the
Relationship of a Dominion Status which urged the need for Independence again in
the minds of the people.

➢ Government of India Act 1935 curtailed the power

concentrated in the hands of the Central Government and distributed it among the
decentralized form of government.
➢ Separate electorates for women, although they had not asked for it, was quite good for
the advancement of women in the decision making process. Even the workers had their
separate representation which helped in the advancement of the workers class.

➢ This Act was the first attempt to give the provinces an autonomous status by freeing
them from external interference.

➢ Another reason was that this Act provides voting rights to more
people than were given under the Government of India Act, 1919.

➢ This act proposed to form the federal government that allowed princes to participate in
political affairs of India.

➢ Features of Federal Legislature and Provincial autonomy were taken from the
Government of India Act, 1935.
➢ A Federal Court that was established in 1937 through the Government of India
Act, 1935 was considered as the Supreme Court by independent India.

➢ The Constitution of India also borrowed the feature that every state should have
a Governor who would be elected by the Central Government.

➢ Public Service Commission that we see in Article 315 of the Indian

Constitution had also been taken from the Government of India Act, 1935
 Governor General a
All in All

➢ The governor general had vast administrative, legislative

and financial power.
➢ He was both constitutional head and administration of
transferred subject

This Photo by Unknown Author is licensed under

CC BY-SA
Powers of Governor-General under the Government of India Act, 1935

The Governor-General represented the crown as the constitutional head and acted on her
behalf. He exercised his powers in 3 different capacities:

o Individual capacity,
o Discretionary powers,
o On the advice of the Council of Ministers.

1.Individual capacity

The matters in which he acts in an individual capacity are known as ‘special responsibilities.’
The Governor-General acted in an individual capacity:

❖To prevent a menace to the peace and harmony in the country.

❖ Safeguard the financial situation of the government.
❖Imposition of discriminatory taxes on the goods originating in Britain.
❖Preserve the rights and dignity of Indian rulers.
❖Protect the interest of public servants

2.Discretionary powers

The powers are laid down as:

Executive powers

❖He had the power to use his discretion in matters of defence, ecclesiastical affairs,
tribunal affairs, and foreign relations.
❖He had to appoint ministers from the majority party to the central legislature.
❖Preside over meetings of the Council of Ministers.
❖Frame rules for easy and convenient transactions in central business
3.Legislative powers

➢ Summon, prorogue, and dissolve the legislature.

➢ Address both the houses, either jointly or separately. Call upon the joint sessions of the
houses, if necessary.

➢ A bill, in order to become a law, had to be signed by him. He had the power to return the
bill for reconsideration or reserve it for approval by the crown.

➢ He also had the power to stop any bill if it is a threat to the peace and harmony of the
society.
It was necessary to take prior sanction in the following matters:
▪ Any Act which extends to British India.
▪ Any matter where he had to exercise his discretion.
▪ Any Act passed by Governor-General or any ordinance issued by him.
▪ The procedure of proceedings in criminal matters is concerned with European subjects
4. Power to make ordinances

➢ The power to issue ordinances can be exercised when the legislature is not in session or in
case of emergency.

➢ The effectiveness of such an ordinance ceases to exist at the end of 6 weeks after the
legislature is reassembled

5.Financial power

➢ No bill which is related to financial matters could be introduced without his

recommendations.

➢ He could decide whether a particular item falls into the ‘charged item’ category.

➢ He had the power to lay down a supplementary budget before the house if required.
On the advice of the Council of Ministers
➢ Ministers advise him in administrative matters of transferred subjects and they are
answerable to the legislature.

➢ They hold office at his pleasure.

➢ He can remove them from the office

Suspending powers

➢ Section 93 of the Act authorized him to proclaim an emergency when he is satisfied that the
work is not done as per the provisions of the Act.

➢ He could also suspend the working of the Constitution at any time.

 DEFECTS

▪ The act was criticized by Pandit Jawharlal Nehru as

a “ machine with strong brakes and no engine”
❑Dyarchy at Centre
❑Option for states
❑Privileged Position of States
❑Communal Award
❑Discretionary powers
❑Mistrust of Indians
❑Constitutional Status Was
Not Improved
 SUM UP Of The Total
Act
The act marked a radical change of policy
All Good Things About The Act in two respect-
o It introduced a federal form of
government
▪ The Government of India Act,1935 was o It envisaged a federation to which the
a landmark in the constitutional history native states of India were to accede
of India. ➢ The act leads to the relationship of a
▪ It was a major step towards the dominion status which urged the need
independence of India for Independence again in the minds of
▪ It palyed a vital role in shaping and the people.
moulding the new constitution of India ➢ An important provision of the act was the
of 1950 protection of minorities such as women
▪ The was said to be the product of 4 etc and safeguarding their rights.
diverse forces namely –
1. Indian Nationalism
2. British Imperialism
3. Indian
Communalism
 Criticism

❖The act had so much promises to the people for their welfare but
was not able to deliver anything that could turn out in its
implementation.
❖The major Indian political party, The Muslim League also attacked
the act.Mr. Jinnah the leader of Muslim league described it as
thoroughly rptten, fundamentally bad and totally unacceptable.
❖Due to lack of provision of a central government, it was not good
for the Indians and there were many flaws in the act that was in way
hampering the rights and morals of the people.
 Conclusion

▪ The Government of India Act, 1935 was a major step towards the
Independence of India and helped in the reorganization of the states.
▪ Britishers have introduced this Act because through this Act they can
win the support of modern nationalist and they could rule over the
dominion of India.
▪ Due to the lack of provision of a central government, it was not good for
the Indians and there were many flaws in the act that was in a way
hampering the rights and morals of the people. The Act was largely
disappointing because it did not hold out assurance about granting
Dominion Status, not did it consider sympathetically the feelings and
urges of politically conscious Indian
▪ The New Constitution also said nothing regarding the fundamental rights of the
people. It only showed the dominion of the British Government over the Indians.
Only for their benefit, they had introduced this Act.

▪ In spite of the above-mentioned drawbacks, the new Act had its own significance.
Although this Act was not liked by many Indians, its importance was that it paved
the way for the independence of India. With regard to the provinces, the act of 1935
was an improvement on the existing position.

▪ This Act provided the basis for negotiation between Britishers and Indians for
getting independence. The Government of India Act 1935, however, had introduced
several features which later formed the nucleus of our Constitution. Hence, the act
of 1935 served some useful purposes by the experiment of provincial autonomy,
thus we can say that the Government of India Act 1935 marks a point of no return in
the history of constitutional development in India.The Government of India Act
1935 was replaced by the Constitution of India after independence