ACT OF 1935

Introduction: The Round Table Conferences could not achieve

their objective and thus failed. However on the suggestions of Round Table
Conferences white paper was issued in 1933 and efforts were started to
make the constitution of India. A committee was setup under the
chairmanship of Lord Linlithgow, the viceroy of India, to consider the
recommendations of the white paper. The report of the committee was
published in 1934 that was contained in a bill of law. The report along with
the bill was passed in the British Parliament. After the Royal assent the Act
was enforced in the country as Government of India Act 1935. The
Government of India Act 1935 consisted of two parts. One part was central
and the other part was the provincial.

Salient Features: The following were the salient features of the

Act.

Dyarchy at Centre: The principle of dyarchy was a division of the

executive branch of each provincial government into authoritarian and
popularly responsible sections. The first was composed of executive
councilors, appointed, as before, by the crown. The second was composed
of ministers who were chosen by the governor from the elected members of
the provincial legislature. These latter ministers were Indians.
Provincial Autonomy: The most remarkable feature of the Act
was the provincial autonomy. The provincial autonomy means two things.
First, the Provincial Governments were wholly, responsible to the provincial
legislatures and secondly, provinces, were free from outside control and
interference in a large number of matters. Residuary powers were given to
the Viceroy
Safeguards and Reservations: A controversial feature of
the Government of India Act, 1935 was the safeguards and reservations
provided in the Act, would serve as checks and limitations on such
undesirable tendencies which might lead to the failure of the responsible
government in India. A plea was given that those safeguards and
reservations were necessary for the interests of the country. They were
imposed either on the exercise of powers by the Government of India on of
the states.
Establishment of Federal Court: Federal Court was
established. The court was consisted of Chief Justice and six other judges.
After the age of 65 the judges of the Federal court had to vacant the seat
however the any judge of the court could leave his seat before the age of
65. The court could interpret the constitution and if Governor-General
needed any help regarding the constitution matters the court was bound to
give advice but it was totally depended upon him to accept or reject the
advice.
Abolition of Indian Council: It abolished the council of India,
established by the Government of India Act of 1858. The secretary of state
for India was provided with a team of advisors in its place.
Extension of Franchise: The act extended the franchise. This
act introduced for the first time the direct elections. About 10% of the total
population got the voting rights.
Reorganization of the provinces: The partial
reorganization of the provinces included separation of Sind from Bombay,
Splitting Bihar and Orissa into separate provinces, complete separation of
Burma from India, detachment of Aden from India and establishing as a
separate colony.

FEDERAL LEGISLATURE
The bicameral federal legislature would be consisted of two houses viz.
Council of states and Federal Assembly.
Council of States: The Council of States was to be upper house
and a permanent body with one third of its membership retiring every 3rd
year. It was to be composed of 260 members of which 156 were to be
representatives of British India while 101 of the Indian states.

Representatives of British India: The 150 out of 156

representatives of British India were to be elected on communal basis while
six were to be nominated by Governor General from amongst women,
minorities and depressed classes. Further, the seats which were reserved
for Hindus, Muslims and Sikhs had to be filled via direct election while
those reserved for Europeans, Anglo-Indians, Indian Christians and
Depressed Classes were to be filled by indirect election.
Representatives of Princely state: The distribution of the
seats among states was on their relative importance and not population.
The representatives of the princely states would be nominated by rulers.
Federal Assembly: The Federal Assembly was the lower house
with a tenure of five years. It was to be made of 375 members who which
250 representatives of British India and not more than 125 members from
princely states. While the seats reserved for princely states were to be filled
by nominated members, the provinces were given different numbers of
seats. Election to the Federal assembly was to be indirect. The term of the
assembly was five years but it could be dissolved earlier also.