The Government of India Act of 1935 was a watershed moment in Indian history. The Government of India Act 1935 was enacted as a result of several previous Governments of India Acts and Round Table Conferences. It changed the Federation of India in terms of government structure, legislation, and so on. It granted autonomy to Indian provinces and established the Indian Federation. The Government of India Act of 1935, which served as a framework, did include some federal provisions.
Federal features under the Government of India Act 1935:
- All India Federation: It called for the formation of an All India Federation of British India Provinces and other Indian states. The states had complete freedom to join or not join the proposed Federation. The rulers of Indian states never consented, and thus the Federation envisaged by the Act never came into being.
- Provincial Autonomy: The beginning of provincial autonomy was one redeeming feature of the new Act. The Act divided legislative powers between the provincial and central legislatures, and provinces were autonomous administrative units within their defined spheres. Ministers were not completely free to run their departments. The Governors retained a set of veto powers.
- Setting up of a federal legislature: Bicameralism was introduced. There were supposed to be two houses in the Federal Legislature. It proposed establishing a council of states and a federal assembly, with reservations in the Council of States for minorities, women, and the depressed classes.
- Distribution of Legislative Power: The act established a three-tiered division of powers between the federal government and the provinces: federal list, provincial list, and concurrent list. The federal list included subjects of all-India interest that demanded uniform treatment.
- Establishment of a federal court: A federal court was also intended to be established under this act so that the provisions of the act could be interpreted in the event of a dispute. This Act establishes three types of jurisdiction for the Federal Court: original, appellate, and advisory. In any dispute between the Federation and its units, the court had exclusive original jurisdiction.
But there was no true federal system:
- Discretionary powers: The new act gave governors and governors-general vast discretionary powers, reducing provincial autonomy on paper. In a way, the Act empowered the Governors to act as dictators if they so desired. The Governors and the Governor-General continued to have the final say in budget preparation and funding allocation to various departments.
- Legislation concerning the Provincial List: If the governor-general declared an emergency, the Federal Legislature had the authority to legislate on the subjects listed in the Provincial List.
- Defective Federation: The proposed Federation’s formation was also fundamentally flawed. The Provinces were required to join the federation, but the Princely States were free to do so. The provinces and states differed significantly in terms of population, area, political importance, and status. While the British Provinces had some autonomy, the States were still subject to the autocratic rule of the Princes.
- Residuary powers: The distribution of residuary powers was unique. It was not vested in either the central or provincial legislatures. However, the Governor-General had the authority to authorize either the Federal or Provincial Legislatures to enact a law concerning any residuary matter.
The 1935 Act was enacted to maintain British rule and appease Nationalists. The act also included regressive provisions such as separate electorates and a guiding philosophy of divide and rule. An examination of the features leads to the conclusion that, despite the provision to draft a federal constitution, the Government of India Act fell short of an actual federal constitution.
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