Government of India Act 1935– Provisions, Purpose, Features of GOI Act 1935

Government of India Act 1935 was passed by the British Parliament, marking the milestone toward a completely responsible Indian government. The 1935 Act was a detailed document that consisted of 321 sections and 10 schedules. It was the GOI Act 1935 that demolished the concept of dyarchy introduced by the Government of India Act 1990 and shaped the formation of a Federation of India that would include the provinces of British India and princely states in some or all cases.

There were major four sources for the preparation for this Government of India Act 1935 which are the Simon Commission, the third round table conference, the joint select committees’ report, and a white paper issued in 1933. The main aim of the GOI Act was to make the establishment of federal states and mitigate dyarchy. The Government of India Act 1935.

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What is Government of India Act 1935?

In August 1935 the British Parliament passed the Government of India Act 1935 which at that time, was the longest act enacted by the parliament of Britain. Namely, the 1935 Government of India Act and the Government of Burma Act 1935 are two separate acts that were divided by it.

• The main aim of the Government of India Act 1935 was to make further provisions for the Indian Government which was finally repealed in India on 26th January 1950.
• The Government of India Act 1919 was ended by this Act.
• The major benefit was that the Government of India Act 1935 was the first to provide the provinces with autonomous status by giving them freedom from external or British interference.
• Another major benefit was that more voting rights were given to people this time than in the Government of India Act 1919.

Govt of India Act 1935 Highlights

Some of the important highlights of the Gov of India Act 1935 are mentioned below. The candidates preparing for the UPSC exam must be well acquainted with these points to get a hold of the concept.

History of GOI Act 1935

For the self-government form to be imposed on India, the Government of India Act 1919 was insufficient and did not provide enough provisions. There was frustration among the Indian officials at that duration since they believed the area they were controlling officially was still in the hands of British officials.

• Therefore the Simon Commission was tasked with reviewing and amending this matter.
• There had been some criticism of the Simon Commission report, leading to the Round table conference in London where the Indian community representatives were consulted on this matter.
• However, this round table conference failed, as it could not meet its goal. The Round table conference issued a white paper in 1933 recommending a constitution of India to be drafted.
• The committee headed by Viceroy Linlithgow discussed the white paper’s recommendations.
• The report prepared by the committee was published in 1934 and incorporated a bill of law. The British Parliament successfully passed this report and bill. Later on, this Act was enacted into law after it received the Royal Assent in 1935 as the government of India Act.
• Later on, Indian federalism was established by theGovernment Act 1935.

So it can be said that the Government Act of 1935 was prepared from 4 sources which were

• Simon Commission report
• Third-round table conference discussions
• The white paper issued in 1933
• The joint select committees’ report

Purposes of Government of India Act 1935

The Govt of India Act 1935 abolished the dyarchy system imposed by the Government of India Act 1990 and established the Federation of India, having provinces and princely states. Despite this, the Federation of India was not able to be formed since there were not a sufficient number of princely states.

The main motto behind the Act of 1935 was to establish an Indian Federation consisting of the governors and Chief commissioners of provinces of British India that joined voluntarily.

Provisions of Government of India Act 1935

There were numerous important provisions that marked the Government of India Act 1935 such as the All India Federation, division of the subjects, provincial autonomy, etc. All the provisions of the Gov of India Act 1935 have been discussed below

All India Federation

• Several British Indian provinces, as well as Indian states, joined together to form an All-India Federation. A state was eligible to be part of the Federation only under the conditions specified in the instrument of accession.
• Under the Government of India Act 1935, the states were absolutely free to connect with the Federation of India at their discretion.
• The act stipulates that India can become a federal country if half of its states agree to join it. But due to the lack of princely states joining the Federation of India the provisions regarding the Federation were not implemented.

Provincial Autonomy

• In addition to marking the beginning of prevention autonomy, the new act had one redeeming feature, which was that the provinces were free to act as autonomous administrative units in the spheres defined for them.
• In fact, the app required the provincial legislature to be formed on the advice of the Governor by the responsible government in each province.
• The duration of this program was very short as 1937 marked the beginning of it and in 1939 it was discontinued. As a result of the Act of 1935, the provinces do not have a truly responsible government.
• Despite ministerial control, the departments were not fully under the control of the ministers. There were a variety of overriding powers that were retained by the governors but a few of them were used.

Division of the Subject

• The Government of India Act 1935 revised the division of subjects and added some more subjects between the Centre and the Provinces.
• The subjects were categorised into three lists- The federal list has 59 items, the provincial list has 54 items, and the concurrent list has 36 items.
• The provincial legislature was solely responsible for the subjects on the Provincial List.
• As a result of the act, both federal and provincial legislature was empowered to enact legislation on certain topics, and in case of disagreement, the federal law would prevail.

Dyarchy at the Centre

The Government of India Act 1935 abolished the system of dyarchy, that was introduced by the GOI Act 1919, and introduced two types of federal subjects-

1.   The Reserved Subject, where the subjects were to be administered by the Governor General.

2.   The Transferred Subject, where the subjects were to be administered by the council of ministers, and the count of ministers in a council could not exceed 10.

Supremacy of the Parliament

• The Government of India Act 1935 was very rigid in nature as any Indian legislature, whether Federal or temporary, could not change or amend the 1935 Act.
• Changing any law under the Government of India Act 1935 was solely the responsibility of the British government.
• It won’t be wrong to say that the British Parliament imposed the 1935 Act on India.

Bicameral Legislature

• To adjudicate disputes relating to federal matters, there was a provision for establishing a Federal Court under the Government of India Act 1935.
• Some other provisions of the Government of India Act 1935 are- provided to control the currency and credit of the country and established the Reserve Bank of India. There is also provision for establishing a Federal Public Service Commission, a Provincial Service Commission, and a Joint Public Service Commission.

Features of Govt of India Act 1935

In the Government of India Act 1935, the power was segregated among the centre and states in terms of three lists: federal, provincial, and concurrent. The residual powers were provided to the viceroy of India, but the concept of a Federation was not a success as the princely states did not associate with it. Following are the features of the Government of India Act 1935-

• This act demolished the dyarchy system in the states and presented provincial autonomy as a replacement for it. These provinces were provided with their own defined spheres and could act as autonomous administration units in them. Also, with this, the government became more responsible in the provinces as the Governor was mandated to act by taking advice from the ministers from the cabinet.
• This act introduced bicameralism in 6 provinces- Bengal, Bombay, Madras, Bihar, and Assam. These provinces were made bicameral and consisted of upper and lower houses.
• It provided separate electorates for some special classes like the Schedule Caste labour class and women to increase the principle of communal representation.
• It increases the voting rights of people by extending the franchise to 10% of the total population.
• To control the finances and monetary policy, it established the Reserve Bank of India.
• The Government of India Act 1935 established a provincial public service commission, joint Public Service Commission, and Federal Public Service Commission.
• In 1937 the Government of India Act 1935 established the federal code.
• Also, this act discarded the Council of India, which was made by the GOI Act 1858. However, the secretary of state of India was assisted by some advisors.

Importance of 1935 Government of India Act

Act of 1935 curtails the power centralized with the Union Government and distributes it to the regional governments. There were separate electorates for the worker and women, that allowed them for their own representations. It was the first moment when the provinces were given the title of an autonomous state. Compared to the Government of India Act 1919, the Government of India Act 1935 provided more people with voting rights. The concept of the Public Service Commission (presently in Article 315) was adopted under the Indian Government Act 1935. In 1935, the GOI Act provided for the appointment of the governor.

Failure of Government of India Act 1935

The Govt of India Act 1935 provides so many non-mandatory powers to the Governors and Governor-General. There was a fundamental flaw in the proposed formation of the federation. As a result, the legislation was unable to provide individuals with constitutional flexibility. The act did not provide a proper federal structure because most of the powers were withheld by the Governor-General. These points were majorly responsible for the failure of this act, and became an obstruction in the path to success.

Govt of India Act 1935 UPSC

Government of India Act 1935 is an important topic in the History Syllabus for UPSC and is relevant for Prelims and Mains.

Government of India Act 1935 Question

Practicing the questions can help the candidates in effectively covering the syllabus. The list of the questions have been provided here, it is highly recommended to the candidates to practice the questions mentioned below to enhance the level of their preparation.

Question: The Government of India Act, 1935 provided for;

1.   Provincial autonomy,

2.   The Establishment of a Federal court,

3.   All India Federation at the centre.

Which of the statements given above are correct?

A.  1 and 2

B.  2 and 3,

C.  1 and 3,

D.  1, 2 and 3

Answer– D (1,2,3) Provincial autonomy, the Establishment of a Federal court, All India Federation at the centre.

Question–The “Instrument of Instructions” contained in the Government of India Act, 1935 have been incorporated in the Constitution of India in the year 1950 as –

A.  Fundamental Rights,

B.  Directive Principles of State Policy,

C.  The extent of executive power of the State,

D.  Conduct of business of the Government of India

Answer: (Option B) Directive Principles of State Policy

Question– Sample Prelims Question- Which of the following statements is/are correct about the Government of Indian Act, 1935?

1.   It was the outcome of the Round Table conference.

2.   It recommended dyarchy at the Centre.

3.   It proposed the establishment of an All India Federation based on the Union of the provinces of the British.

Select the correct answer using the codes given below-

A.  1 and 2,

B.  2 and 3,

C.  3 only,

D.  All of the above

Answer: Option D (All of the Above) It was the outcome of the Round Table conference. It recommended dyarchy at the Centre. It proposed the establishment of an All India Federation based on the Union of the provinces of the British.

FAQs on Government of India Act 1935

What is Govt of India Act 1935?

Ø The Government of India Act 1935 is an act passed by the British Parliament to replace the Government of India Act 1919 in August 1935 to provide the establishment of the Federation of India. The four major reports that contributed immensely to the making of the GOI Act are Simon Commission, the third round table conference, the white paper that was issued in 193, and the joint selection committee.

What was the GOI Act 1935 purpose?

Ø The main purpose of the GOI Act of 1935 can be understood as the removal of Dyarchy. It was a system that was introduced in India through the Government of India Act, of 1919. The GOI Act of 1935 also took a step towards establishing India as a Federation.

What was the All India Federation of GOI Act 1935?

Ø All India Federation consisted of provinces and princely states established by the Government of India Act 1935, and the decision of the state to join the federation was discretionary. It possessed the aim of establishing federal states.

What was the reason for the failure of the Govt. of India Act 1935?

Ø The Government of India Act 1935 failed because it was opposed by both the Indian National Congress and the Muslim League. Moreover, the provincial governors retained more important powers than the elected government.

What Did the Government of India Act 1935 introduce?

Ø The GOI Act 1935 introduced Provincial autonomy, a diarchy at the center, a Bicameral legislature, a Federal court, and Indian Council. The main aim of the Government of India Act was to make the establishment of federal states and mitigate dyarchy.

How were powers distributed in 1935 Government of India Act?

Ø The 1935 GOI Act segregated the powers between the center and the provinces. The act introduced three lists- federal, provincial, and concurrent. This Act led a new way for the country and hence was considered important for the subcontinent.

What was the main stipulation of the Government of India Act 1935?

Ø The main stipulation of the Government of India Act of 1935 was the guarantee of absolute independence. The act was an important milestone in the history of India. It also helped in the formation of the All India Federation.

What is the importance of the Government of India Act 1935?

Ø The Government of India Act acted as a major step in India’s history which enabled the development of a reliable government. It also marked the end of the Dyarchy. The act promised complete independence which was an important feature.

Who was the Governor-General of India when the Government of India Act 1935 was passed?

Ø The Governor-General of India was Lord Willingdon at the time of the passing of the Government of India Act in 1935. The Act remained in force until 1947 when British India gained independence and was divided into two countries- India and Pakistan.

When was the Government of India 1935 practically implemented?

Ø The GOI Act of 1935 was actually enforced from the 1st of April, 1937. This act was taken from the UK Parliament. It had 10 schedules and 321 sections. The separation of Burma from India was also one of the results of the GOI Act of 1935.

Why was the Government of India Act important to the future of the subcontinent?

Ø The GOI Act, of 1935 was important for the future of the subcontinent as it resulted in many important changes in the history of India as a nation. It made all the provinces of India autonomous and shifted power from the Central government to other organs of the government.

Why was there so much opposition to the Government of India Act?

Ø The Government of India Act faced a decent amount of criticism as it was unable to prove most of the points that it attempted to make. It could not form a federal government and the power was retained by the Governors-General at the time. It also encouraged communalism & discrimination.

How successful was the Government of India Act 1935?

Ø It can be said that the GOI Act of 1935 was only partially successful. It possessed a number of shortcomings such as it could not solve the defence issues and did not take away the power from the British government. It also did not pay attention to the matter of fundamental rights.

Who described the GOI Act as a ‘new Charter of Bondage’?

Ø Pandit Jawaharlal Nehru mentioned that the Government of India Act of 1935 was a new Charter of Bondage. He called it so because the Act was being forced upon the Indians against their wishes. The GOI Act was rejected by most Indians.