Sunday, March 28, 2021
Government of India Act -1935:
The Government of India Act 1935 was a significant piece of legislation enacted by the British Parliament to reform the constitutional framework for India during the period of British colonial rule. The act was an attempt to introduce limited self-government in India and address the demands for constitutional reforms.
Here are key features and implications of the Government of India Act 1935:
Key Features:
1. Federal Structure:
The act proposed the establishment of a federal structure for India, consisting of provinces and princely states. The federal structure was never fully implemented due to opposition from princely states.
2. Provincial Autonomy:
Provinces were granted greater autonomy with the introduction of elected legislatures and responsible government. The provinces were given control over certain matters, while the center retained control over others.
3. Federal Legislature:
The act established a bicameral federal legislature with a Council of States (Upper House) and a Federal Assembly (Lower House). Members of the Council of States were to be indirectly elected, and members of the Federal Assembly were to be directly elected.
4. Separation of Powers:
The act aimed at separating executive and legislative functions. The Governor-General, appointed by the British government, was the head of the executive, and the legislature was responsible for making laws.
5. Diarchy in Provinces:
The provinces were divided into "transferred" and "reserved" subjects. Transferred subjects were under elected ministers, while reserved subjects remained under the control of the governor.
6. Franchise and Representation:
Limited franchise was introduced, and separate electorates were retained for various communities. The act expanded the electorate but maintained communal representation.
7. Emergency Powers:
Special emergency powers were granted to the Governor-General, allowing the suspension of provincial governments and the imposition of direct British rule in case of an emergency.
8. Abolition of Indian Council and Introduction of the Federal Court:
The act abolished the Council of India, a body that advised the Secretary of State for India, and introduced the Federal Court to replace the Judicial Committee of the Privy Council as the highest court of appeal.
Implications:
1. Incomplete Implementation:
The federal structure proposed in the act was not fully implemented due to the reluctance of princely states to join the federation.
2. Limited Popular Control:
While the act increased the elected representation, real power remained concentrated in the hands of the British-appointed Governor-General and the Viceroy.
3. Communal Tensions:
The retention of communal electorates and separate representation for different communities contributed to communal tensions, which later intensified during the partition of India in 1947.
4. Emergency Powers Controversy:
The broad emergency powers granted to the Governor-General became controversial, as they could potentially be used to override elected governments.
5. Preparation for Independence:
The act marked a step towards the eventual transfer of power to Indians. However, its shortcomings and the challenges it posed contributed to the demand for complete independence.
The Government of India Act 1935 laid the groundwork for the subsequent constitutional developments in India and played a role in shaping the political landscape leading up to independence in 1947.