Government of India act, 1935

In February 1935, the Secretary of State introduced a bill in the British Parliament for political reforms in India. The result was the Government of India Act, 1935, which drew upon a variety of sources such as: (a) the Simon Commission report, (b) the Nehru Report, (c) deliberations in round table conferences, (d) a White Paper introduced parliament, (e) report of the Joint Select Committee and (f) the Lothian report over franchise.

Provisions ofthe Act

1.      All India federation: An all-India federation was to be established consisting of Governors’ Provinces, Chief commissioners’ Provinces and the Indian states. Accession to the federation was optional to the states. There was to be an instrument of accession’ laying down the terms on which a state joined the federation.

2.      Dyarchy was introduced at the Centre: The Governor-General was to administer defence, external affairs, ecclesiastical affairs and tribal areas with the assistance of a maximum of three councilors. He was to administer other subjects with the assistance and advice of a council of not more than 10 ministers of his choice who were to hold office during his pleasure. The Governor-General had special responsibilities in certain specified subjects like maintenance of peace.

3.      Federal Legislature:The Federal Legislature was too have two chambers, namely  the Council of States and Federal Assembly. The Council of States was to be a permanent body, with one-third of its membership being vacated and renewed every third year. Among its members, 156 were to be elected members of British India and not more than 104 from the Indian states. The Federal Assembly was to be elected for five years. It was to consist of 250 representatives of British India and not more than 25 members from the Indian states. Elections to the Federal Assembly were to be indirect. Members of the Provincial Legislative Assemblies had the vote on the basis of proportional representation with single transferable vote.

4.      Provincial autonomy:            Executive: Executive authority was vested in a Governor to represent the ‘Crown in the Province. Administration was to be carried on by the Council of Ministers appointed by the Governor from among the elected members of the Provincial Legislature and responsible to that body. Ministers held office during the Governor’s pleasure and the Governor could also dismiss the ministry. The Governor had ‘special responsibilities’ in certain specified subjects such as maintenance of peace. Governors were given ‘discretionary’ powers as well as powers of ‘individual’ judgment.

Legislature: Election to the Provincial Legislature was to be directly by the people. The Legislature was bicameral in six provinces and unicameral in the rest. There was to be a separatist system of representation by religious communities and groups. Seats were reserved for Muslims, Christians, Sikhs, scheduled castes and Anglo-Indians. There were separate communities for labour, landholders, commerce and industry etc.

5.         Others provisions

*    A federal Court was to be established.*  The new Constitution could be amended only by the British Government.

*    The India Council was abolished. Instead, the Secretary of State was given advisers.