MAHARASHTRA NATIONAL LAW UNIVERSITY ,

AURANGABAD

HISTORY PROJECT:

GOVERNMENT OF INDIA ACT , 1935

SUBMITTED BY:

ROLL NO. -

IN MARCH 2019

SUBMITTED TO:

TABLE OF CONTENTS

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1. INTRODUCTION.............................................................................................3

2. BACKGROUND OF THE ACT ...................................................................4-12

• SIMON COMMISSION ,1927

• ALL-PARTY CONFERENCE AND NEHRU REPORT, 1928

• LORD IRWIN’S CONCILIATORY EFFORTS

• PUBLICATION OF SIMON COMMISSION’ S REPORT IN 1930

• FIRST ROUND TABLE CONFERENCE (1930-31)

• GANDHI-IRWIN PACT 1931

• SECOND ROUND TABLE CONFERENCE (SEPTEMBER-DECEMBER

1931)

• THE POONA PACT (SEPTEMBER 1932)

• THIRD ROUND TABLE CONFERENCE, 1932

• THE WHITE PAPER (1933)

3. SALIENT FEATURES OF THE GOVT. OF INDIA ACT,1935.............13-

15

4. CONCLUSION............................................................................................16-17

5. BIBLIOGRAPHY.........................................................................................18

INTRODUCTION

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Section 84A of the Government of India Act. 1919, provided for appointment within ten years of its
Passage of a commission of inquiry inter-alia into “the development of representative institutions in
British India.” This commission set up in 1927 came to be known as the Simon Commission . After
the Commission reported in 1930. There followed three Round Table Conferences of all parties
With the British Government in London from November , 1930 to November, 1932, but all this
exercise resulted in a deadlock. Nevertheless, the British government proceeded to enact the
Government of India Act, 1935. The Act conferred Substantial measure of autonomy on the
Provinces of British India and established responsible government for the first time.

The Government of India Act, 1935, for the first time introduced federalism in India comprising of
the Provinces and the Indian States. While under all the previous Government of India Acts, the
Government of India was unitary, the Act of 1935 prescribed a federal structure for India,
distributing legislative and other powers between the Centre and the Provinces.

The composition of the Legislatures also underwent a significant change and the principle of
bicameralism was introduced at the Centre and some of the Provinces.The elaborated form of the
same has been given in the study further.

BACKGROUND OF THE ACT

Simon Commission (1927):

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The preamble of the Government of India Act, 1919 itself had made it clear that dyarchical form of
Government introduced by the Act was to be for a transitional period and that it was merely an
experiment and not the beginning of a well defined Constitution. Section 84-A of the Act further
contained a Specific provision for the appointment of a Commission after ten years to review the
working of the system of Government. But ever increasing agitations in the country and the
Strengthened position of Swarajists in the Legislatures compelled the British Parliament to appoint
a Royal Statutory Commission two years earlier than it was scheduled. The British Parliament
announced the appointment of the Statutory Commission on November 8, 1927 to enquire into the
working of the Government of India Act, 1919. This Commission consisted of seven members of
the British Parliament including Sir John Simon as its Chairman

The appointment of an all-white Commission was strongly opposed by the indian leaders. The total
exclusion of Indian element from the Commission was deeply resented by all parties including
Liberals, the League and the Congress, and they unanimously decided to boycott the Simon
Commission. Consequently, the Commission which landed at Bombay on February 3, 1928 and
toured the country with the assistance of a few bureaucratises in Provincial Legislature, was greeted
with complete hartals, black flags and loud slogan, of ‘Simon go back’. The Legislative Assembly
passed a resolution against the Commission and the whole of India was ablaze with indignation.
The Indian leaders reiterated their demand that ’All-British Commission’ had no right to determine
the future Constitution of India. Some ‘of them proposed the setting up a Round Table Conference
in place of Statutory Commission.

All-Party Conference and Nehru Report, 1928:

While the Simon Commission was being accorded a cold reception in India, Lord Birkenhead, the
Secretary of State for India justified the exclusion Indians from the Commission on the ground that
there was no unanimity of opinion among the leaders of different political parties in India. With a
view to embarrassing the Indian politicians, he challenged them to produce a Constitution for India
which could be acceptable to all the political parties and submit it to the British Parliament for
consideration. The Indian leaders accepted the challenge and organized themselves through an All-
Party Conference shading aside their political differences. The first meeting of the All-Party
Conference, was held in Bombay on May 19, 1928 under the Chairmanship of Pandit Motilal
Nehru. The Report published by All Party Conference commonly known as the Nehru Report, was
published on August 14, 1928 and was rectified by the Indian National Congress at its Calcutta
Session held in December 1928. The Nehru Report, inter- a1ia , contained —

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(1) Dominion Status and not complete Independence was the immediate political aim of the Indian
National Movement.

(2) India was to be a secular State with no State religion.

(3) The system of joint electorate with reservation of seats was best suited to Indian conditions.

(4) There should be a responsible Government both at the Centre and the Provinces. Residuary
powers were to be vested in the Centre.

The Nehru Report was strongly opposed by the Muslims because the system of joint non-communal
electorates did not suit their interests. They were also opposed to the residuary powers being
conferred on the Centre as it tended to place the minority at the mercy of the majority. The Muslim
League convened a meeting at Delhi in March 1929 which was presided by Mr. Jinnah. The league
resolved that no scheme for future Constitution of India would be acceptable to Muslims until and
unless it incorporated the famous ”Fourteen points” enumerated by Mr. Jinnah.

The ever-increasing demand of the Muslim League seriously hampered the cause of Hindu-Muslim
unity as a result of which the All Parties Conference and the Nehru Report met with a tragic failure.

Lord Irwin’s Conciliatory Efforts:

The Statutory Commission made two visits to India, the first lasting from February 3, 1928 to
March 31, 1928 and the second from October 11, 1928 to April 13, 1929. Lord Irwin, the then
Viceroy of India lost no time to realise that psychological background of revolt among Indian
leaders was the lack of confidence in the sincerity of the British pledges to India. He, therefore,
made every effort to win the confidence of the Indian Nationalists. In the general elections of May,
1929 the Conservative Government in Britain was defeated by the Labour Government and Ramsay
MacDonald headed the new Government in England. Lord Irwin took four month's leave and went
to England at the June 1929 to discuss with the Government of Britain and device some means
whereby the Indian constitutional problem be solved and co-operation of all sections of Indian
political opinion could be obtained. On his return to India on October 25, 1929 Lord Irwin
announced that he had been authorised on behalf of His Majesty’s Government to state clearly that
in their judgment it is implicit in the declaration of 1917 that the natural issue of India’s

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constitutional progress, as they contemplated, is the attainment of Dominion status.” He also
disclosed that the Chairman of the statutory Commission, Sir John Simon had suggested to the
Prime Minister of England that a Conference be convened by His Majesty’s Government to meet
the representatives of British India and Indian States “for the purpose of seeking greatest possible
measure of agreement for the final proposals, which His Majesty’s Government was under a duty to
submit to Parliament”. The idea was “to inspire trust and to ensure the cooperation of the principal
national organizations in the country.”

Publication of Simon Commission’ s Report in 1930:

While efforts were being made by Lord Irwin to mobilise Indian opinion in favour of constitutional
changes, the Statutory Commission published its Report in two volumes on June 27, 1930. The
Report has been characterised as a "magnificent treasure-house of fact and comment.” The Report
which was cautiously prepared and carefully worded, inter alia recommended:

(1) Dyarchy must be abolished in Indian Provinces. The ministers should be entrusted with full
control of provincial administration. They should also be made responsible to the Legislatures. The
Governor should select the ministers from amongst those who commanded a majority in the
Legislature. Provision should also be made to relax the control of Centre over the Provinces and the
Government’s unnecessary interference in the legislative sphere was to be avoided.

(2) The Provincial Legislatures must be enlarged and franchise should be extended. There was to be
no official bloc and the nominated element was not to exceed ten per cent of the total membership
of a Legislative Council. The Commission, however, favoured the retention of communal electorate
as a basis of representation.
(3) As regards the Central Government, the Commission recommended that the Federal Assembly
should be re-constituted on federal basis. The membership of the Legislative Assembly was to be
between 250 and 280 and the members were to be indirectly elected by the provincial Legislative
Councils. The distribution of seats among the various Provinces was to be roughly on population
basis The Council of State was, however, to remain as before.

(4) The Province of Burma should be separated from India. The NorthWest Frontier Province
having progressed well, it should be given a Legislative Council and its representation in the
Central Legislature be strengthened. The question of Orissa and Sindh being constituted as separate
Provinces should be reserved for further expert opinion.

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(5) The Commission openly favoured the Indianization of Army, but at the same time maintained
that so long as the Indian Army was fully equipped, the British Forces must be retained.

Though the Report of the Simon Commission was seriously denounced by the Indians and side-
tracked by the British Government, but in the words of RE. Roberts. ”It always stands out as one of
the greatest Indian State Papers.” It is incorrect to say that all the recommendations of the
Commission were totally discarded. Some of them were incorporated in the Government of India
Act, 1935. The appointment of the Commission two years ahead of schedule at least points out one
thing that the British Government virtually recognized the failure of Montford Reforms. It is
significant to note that the Commission did not favour immediate switch over to a federal policy but
emphasized that the units to be federated should first be ready for the process. ccording to it,
federation was, no doubt, the ultimate goal which had to be reached by ”definite and modest steps”.

First Round Table Conference (1930-31):

As stated earlier, Lord Irwin announced on October 31, 1929 that after the ' Indian Statutory
Commission’s Report was published, His Majesty’s Government would convene a Conference of
representatives of British India and Indian States for an agreement on the Indian constitutional
problems. Accordingly, the first Session of the Round Table Conference commenced on November
12, 1930 at London. It included leading members of three political parties in England and members
of every community and every organisation in India except the indian National Congress. The
Indian States were represented by the rulers themselves and their Ministers. The Indian Princes
were invited to the Conference in accordance with the suggestion of Simon to Prime Minister. The
Conference was inaugurated by King George V and presided by Prime Minister Ramsay
MacDonald. There was a general consensus in favour of Indian States joining the federal Union.
The Conference decided to set up nine SubCommittees to consider certain problems regarding the
future Constitution. The Conference concluded its Session on January 19, 1931 in which the Prime
Minister made a declaration on behalf of His Majesty’s Government. The declaration contained
three broad principles, namely:

(i) All India federation with a bicameral legislature;

(ii) recognition of principle of responsibility of the Executive to the Legislature at the Centre
subject to certain safeguards; and

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(iii) the ministry in Provinces to be formed from the Provincial Legislature and was to be jointly
responsible.
The details of three principles were to be settled by future negotiations. The First Round Table
Conference terminated without any definite results. The Indian national Congress which was the
single largest and well organised party in India was completely unrepresented in the Conference as
most of its leaders were in jail due to civil disobedience movement launched under the leadership of
Mahatma Gandhi. The result was that the Conference achieved nothing except “the international
advertisement of India’s communal differences.”

Gandhi-Irwin Pact 1931:

Though the First Round Table Conference was held without participation of the Indian National
Congress but the British Government felt the necessity of arriving at a compromise with this
political party. The economic crisis and the international situation aggravated due to advance of
China and Developments in Italy under Mussolini further intensified the need to muster support of
the big political organisation like Congress. Consequently, in a bid to negotiate terms with the
Congress, Lord Irwin ordered unconditional release of leading Congressmen within less than a
week of the closing of the First Round Table Conference. Meanwhile, twenty-six Indian delegates
who had attended the First Round Table Conference made an, appeal to the leaders of the Congress
on February 6, 1931 to make a contribution to the completion of the constitutional scheme, the
outline of which had been agreed upon but the details were yet to be worked out.
After prolonged discussions extending over two weeks a settlement popularly known as Gandhi-
Irwin Pact was reached between the Government of India and the Congress. The Congress called
off its civil disobedience movement and agreed to participate in the scheme of constitutional
reforms. As a gesture of goodwill the British Government ordered immediate release of all political
prisoners from jails.

Second Round Table Conference (September-December 1931):

The Second Round Table Conference was held in September 1931. The total membership of this
Conference was 114. Mahatma Gandhi left for England as‘a sole representative of the Congress.
Mr. Jinnah also attended the Conference. The uncompromising attitude of Mr. Jinnah resulted into a
communal deadlock and the Conference met with a dismal failure. The Indian Princes could not
come to any agreement amongst themselves in regard to their place in the Federation. The
Conference finally ended on December 1, 1931, without any substantial results except the Prime

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Minister reiterating the policy embodied in the First Round Table Conference and announced that a
‘federation’ was the only solution of India's constitutional problems.

The Communal Award, 1932:

Indian leaders to reach an amicable settlement on the communal problem, Lord Ramsay McDonald
thought it expedient to give his Award on August 16, 1932. The Communal-Award, as its name
indicates aimed at separatism.” It favoured separate electorates and reservation of seats to every
conceivable group-Hindus, Muslims Sikhs, Europeans, Anglo Indians, Christians. A few seats were
also reserved for Marathas in certain selected constituencies in Bombay. The provision for
reservation of seats was also made for women, labour, commerce, industry, mining and planting and
land-holders. The Award tied divide Hindus by reserving seats for so-called “depressed classes” and
Scheduled Castes. The whole scheme of communal representation was provisional and could be
revised after ten years with the assent of the communities effected. The Prime Minister of England,
Ramsay Mac-Donald pointedly emphasised that the interests of depressed classes and women were
to be protected by giving them adequate representation in the new constitutional scheme.

The Poona Pact (September 1932):

Mahatma Gandhi was greatly perturbed by the Claims advanced on behalf of untouchables. He
made an appeal to Dr. Ambedkar, the leader of the depressed classes to withdraw his claim to
separate electorates as it was not a proper claim which he had put forward on behalf of
untouchables of India. “It will create a division of Hinduism”, Gandhi maintained. He was in
Yarvada Jail at the time when Communal Award was announced. Greatly pained by this move to
isolate depressed classes from Hindu community, and to preserve the solidarity of Hindu society
Gandhiji started his fast unto death on September 20, 1932. His condition began to deteriorate but
the British Prime Minister paid no heed to his appeal. At last the Indian leaders met together and
decided to get the Award modified by mutual agreement. On the fifth day of Gandhiji’s fast Dr
Ambedkar agreed to give up the demand of separate electorates to save the former’ life As a result
of this, a new agreement known as the Poona-Pact was signed The main provisions of the pact were
as follows:

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(1) Under the Poona-pact, 148 seats were reserved for depressed classes out of the general
electorates in the Provincial Legislatures. Thus, Madras was to have 30, Bengal 30, United
Provinces 20, Central Provinces 20, Bombay and Sinclh 15 seats each reserved for the depressed
classes.

(2) As regards the system of election to these seats, it was provided that electoral college consisting
of all members of depressed classes registered in the general roll in a constituency was first to elect
a panel of four candidates belonging to the depressed classes for each of the reserved seats by the
method of single vote. These four members were to be the candidates for election by the general
electorate.

(3) In the Central Legislature 18 percent of the seats allotted to the general electorate for British
India were to be reserved for depressed classes.

(4) The system of representation of depressed classes by reserved seats was to continue until
terminated by mutual agreement.

(5) The depressed classes were to be given fair representation in the local bodies and public services
subject to educational qualifications. Provisions were also made for financial help to the depressed
classes for education.

The Poona Pact was accepted by the British Government insofar as it

modified the Communal Award relating to depressed classes.

Third Round Table Conference, 1932:

The third Session of the Round Table Conference lasted for thirty-nine days’ commencing from
November 16, 1932. The Congress was again unrepresented as those members who were deemed
unaccommodating were rigorously excluded. The British Labour Party also did not participate in
the deliberations of the Conference. Therefore, the Conference did not meet with success According
to AC. Banerjee, “the emergence of the federal idea and the idea of creating an Indian Federation
consisting of British Indian Provinces and the Indian States was the only tangible achievement of
the Third Round Table Conference.”

The White Paper (1933):

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His Majesty’ s Government published in March 1933, a White Paper which contained tentative
proposals of the Government regarding the scheme of constitutional reforms.These underlying
proposals of the scheme were to be submitted to a Joint Select Committee of Parliament for
examination and report. The important among these proposals were:

(1) A Federation of British Indian Provinces and Indian States with bicameral Federal Legislature
at the Centre.
(2) 2) Provincial autonomy.
(3) (3) Demarcation of the spheres of Federal and Provincial legislations.
(4) Proposals regarding the establishment of Federal Court, Advisory Council, Reserve Bank, and
Railway Federal Authority, etc.

All the proposals were approved by the Joint Select Committee which submitted its Report in
October, 1924. The Committee associated with its twenty one delegates from British India and
Indian States. Shri Aga Khan, Sir Tej Bahadur Sapru and MR. Iayakar also participated in the
deliberations. Lord Linlithgow was the Chairman of the Committee. The Joint Select Committee
suggested the following minor changes:

(a) The system of election in case of Federal Assembly was to be indirect instead of direct one.

(b) The bicameral system of legislature shOuld be introduced in six Provinces instead of three as
proposed by White Paper.

(c) The Upper Chamber both at the Centre as well as the Provinces should be indissoluble.

The recommendations of the Joint Select Committee were accepted by the British Government and
a Bill incorporating these proposals was introduced in the House of Commons on February 5, 1935
by Samuel Hoare, the Secretary of State for India. The House of Commons passed the Bill in June
and it was sent to the House of Lords. At this stage, certain amendments were made in the Bill by
the Government hence it was sent back to House of Commons after being passed by House of
Lords. The Bill finally received the Royal assent on August 2, 1935 and became the historic
Government of India Act, 1935 which served as the Constitution of this country until Indian
Independence.

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An appraisal of the historical events that took place during the period from 1933 to 1935 amply
reveals that the British Government followed a dual policy towards India. First, it initiated severest
measures to suppress the Indian'national movement but when it found that suppression by force was
not possible, it carried on the task of making a new Constitution by inciting communal fractionism
among Indians.

SALIENT FEATURES OF GOVERNMENT OF INDIA ACT ,1935

The Salient Features of the act are as follows:

1. The most important feature of the act was that it introduced a dyarchy at the central level in
the government,
2. The act mainly focused to fulfil the National Aspirations,
3. The act gave a measure to form a federal form of government and an all India Federation,
4. The act involved the making of a federal form of Government in India which is still prevalent
in our Indian constitution by dividing the central and its units under 3 lists as- (Federal List,
Provincial List, and Concurrent list)while the residuary powers were with the viceroy,
5. There was the separation of states which lead to the creation of two new states -Sindh and
Orissa.
6. The act extended the Franchise by giving 10% voting rights to the public which was a great
extension of rights to the people,
7. The act provided for the establishment of a federal court which was done in 1937.
8. The act abolished the Indian Council and made provision for the introduction of an advisory
body in India,
9. The act re-organized certain provinces such as separating Burma from India,
10. To control the credit flow in the economy it leads to the establishment of the Reserve bank of
India to control the currency in the country.

Central Legislature :

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The Central Legislature under the 1935 Act was bicameral consisting of the King represented by the
Governor-General and two Houses known as the Federal Assembly and the Council of State. The
Council was a permanent body consisting of 260 members, 1/3rd of its members retiring every three
years. The Assembly had a maximum duration of five years. The Council had 156 members for the
British India, and up to 104 members for the States. All members from the British India were to be
directly elected, except for six members who were to be nominated by the Governor-General so as
to secure due representation for the scheduled classes, women and minority communities. The
Federal Assembly was to have 250 representatives from the British India and not more than 125
members from the Indian States. The elective seats in the House were divided among General seats,
Sikh seats and Muhammadan seats. Some seats were reserved for Scheduled Castes and women.
Some seats were reserved for Anglo-Indians, Europeans and Indian Christians. Again, some seats
were reserved for commerce and industry, landholders, and labour. The representatives or the
British India were not to be directly elected but were indirectly elected by Provincial Assemblies,
the various communities voting separately for their own representatives in accordance with the
system of proportional representation with single transferable vote.

A Bill could originate in either Chamber except a financial bill which would originate only in the
Assembly. A financial bill could not be introduced without the recommendation of the Govenor-
General. In case of difference of opinion between the Chambers as regards any the Governor -
General could summon a joint sitting of the two Houses for the purpose deliberating and voting on
the Bill. A Bill passed by the Central Legislature could bevelO not only by the Govenor-General
but also by the Crown. There were several other limitations on the functioning of the Central
Legislature.

The Central Legislature was never constituted under the provisions of the Government of India Act,
1935 It continued to function under the provisions of the previous Act of 1919, because the Indian
States showed reluctance to join the federation and then the Second “ War intervened. The
Provincial Legislatures were however constituted, and they for some time, under the Act of 1935.
The first elections being held for them in 1937. But their functioning was interrupted by the
resignation of the Congress Ministries in furtherance of the objective to gain independence for
India.

In six of the provinces (Madras, Bengal, the United Provinces, Bihar, Bombay and Assam), the
Legislatures were bicameral. Such a Legislature consisted of two Houses — House of Assembly

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and a Legislative Council. In all other Provinces, the Legislature was unicameral .The composition
of the Provincial Assembly varied from Province to Province. Communal representation was
continued with some weight age in favour of the Muslims and the Sikhs in some Provinces.
Dyarchy was abolished in the Provinces.

CONSTITUENT ASSEMBLY

On 9th December, 1946, the Constituent Assembly was set up to draft a constitution for
Independent India. The members of the Constituent Assembly were elected by the members of me
Provincial Assemblies. The members of each Provincial Assembly were to be divided into two
groups, General and Muslim, except in Punjab where they were to be divided into three groups-
General, Muslim and Sikh. Each group was to elect its own representatives to the Constituent
Assembly by the method of proportional representation with single transferable vote. The number
of representatives allotted to each Province and community was to be proportional to its population,
in the ratio of one to a million. The total number of representatives from the Provinces was to be
292. Four more members were to be added to represent the Chief Commissioners’ Provinces and up
to 93 members were to be added to represent the Indian States. When later a decision was taken to
bifurcate India into India and Pakistan, the members representing Pakistan went out of the
Constituent Assembly for India and formed a separate Constituent Assembly for Pakistan.

After the passage of the Indian Independence Act, 1947, the Central Legislature ceased to exist on
the 14th August, 1947. Henceforth, the Constituent Assembly was to function as the Central
Legislature of India as well until the new Constitution was framed and thereafter until a new
Legislature was constituted under the new Constitution. In other words, after the Independence, the
Constituent Assembly discharged a dual function— constituent as well as
legislative

The new Constitution of India was adopted on 26th November, 1949, and it became fully
Operational with effect from 26th January, 1950 and the first Parliament and the first State
Legislatures constituted under the Constitution started functioning in 1952

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CONCLUSION:

The Government of India Act 1935 was one of the most important events in the history of India. As
a result of several previous Governments of India Act and Round Table Conferences, the
Government of India Act 1935 was finally introduced. It changed the Federation of India in the
aspects of the structure of government, legislation, and so on. It granted Indian provinces autonomy
and provided for establishment of India Federation. Direct elections were introduced and the right
to vote was increased.
The Government of India Act 1935 established a foothold toward the modern India. The
Government of India Act 1935 is important because it is one of the foundation stones of the current
Republic of India because of its certain provisions like:

• The introduction of the act ended the dyarchy system by giving more freedom to british India
for better governance in the form of Provincial Autonomy and established at dyarchy at the
center,
• There was a division of the federal Subjects between the Centre and the provinces, as the
division made in the act of 1919 was revised,
• This act is of utmost importance because it leads to the Relationship of a Dominion Status
which urged the need for Independence again in the minds of the people,
• The main provision of the act was to make the Governor General Pivot of the constitution to
settle if there were any disputes among the people,
• An important provision of the act was the protection of minorities such as women etc. and
safeguarding their rights.

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The act had so much to promise to the people for their welfare but was not able to deliver anything
that could turn out in its implementation. The act was a complete failure and the main reasons why
the act failed have been discussed below:
• The concept of an All India Federation failed completely because the Indian National
Congress never came for the accomplishment of the plan which was made because of the
representation power of the princely states was still in the hands of the British so the concept
could not be implemented.
• The act failed to provide flexibility to the people at the constitutional level in regard to their
amendments of rights as the power to change or alter any right was present with the British
government while the Indians could not do anything according to their needs.
• The act failed to provide a proper federal structure, majority of the power was with the
governor general who was not at all responsible for the central legislature which meant that
the legislature was not governed properly.

And thus we can say I The Government of India Act,1935 was the very base and soul of the Actual
India Constitution which came into force on 26th January, 1950 .

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 BIBLIOGRAPHY

1 . M.P JAIN , INDIAN LEGAL AND CONSTITUTIONAL HISTORY, 7TH ED. (2015)
2. DR. N.V. PARANJAPE , INDIAN LEGAL AND CONSTITUTIONAL HISTORY, 7TH
ED. (2015)

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