The Mains 2021 Crash Course Page 1 of 5

GOVERNMENT OF INDIA ACT 1935

Government of India Act 1935 marks a point of no return in the history of
constitutional development in India. It proposed to form an All India
federation and granted autonomy to the provinces. It was on the provisions
of this act that the 1937 provincial elections were conducted and INC
ministries were formed in many states.

Though it was a signi cant constitutional advance yet the true British
intentions can be best summed up in the words of Viceroy Lord Linlithgow :
“After all we framed the constitution of 1935 because we thought it the best
way to hold India to the empire.”

BACKGROUND

1. The INC considered the 1919 GOI act unsatisfactory and the system of
dyarchy disappointing. The nationalists were demanding full responsible self

government in accordance with the principle of self determination.

2. The British were aware they could not prevent the resurgence of more mass

movements only with the use of force. They had to o er bait in the form of

constitutional reforms. The idea was to divide the nationalist opinion and

co-opt them into the administrative structure.

3. The congress had to be allowed some power to avoid agitations like the Non

cooperation movement and the civil disobedience movement.

4. Simon commission had recommended replacement of dyarchy with full

responsible government in the provinces

5. GOI Act 1935 borrowed from the following sources:

• Simon commission report

• Nehru report

• White paper published after 3 round table conferences (1930-32)

• Electoral reforms mentioned by Lothian commission

www.atishmathur.com Telegram : Atish Mathur O cial

fi
ffi
ff

 The Mains 2021 Crash Course Page 2 of 5

PROVISIONS OF THE ACT

PROVINCIAL

1. Provincial autonomy was introduced. Full responsible government provided

for in place of dyarchy. There were no reserved subjects or executive council in
the provinces (1919 act had reserved subjects on which only the governor and
his executive council could legislate on).

2. Executive authority was vested with the governor who was appointed by the
crown but was to administer the provinces on the advice of the Council of
ministers, who in turn were chosen from among the elected members of the
provincial legislature and were collectively responsible to them. This was a step
ahead towards a proper parliamentary system and responsible government in
the Provinces

3. All members in the provincial assembly were directly elected. There was also
bicameral legislature in 6 provinces (Bengal, Madras, UP, Bihar, Bombay,
Assam).

4. For the scheme of federation, the subjects were divided in 3 lists- The federal,
the Provincial and the concurrent legislative list. Residuary powers were
vested with the governor general.

CENTRE

1. The act proposed to set up an All India Federation comprising of British

Indian provinces and princely states. The states were free to join or not join
the federation. The federation portion of the act could not come into e ect
because the condition could not be ful lled- the number of states, the rulers
whereof were entitled to choose not less than 50% of 104 seats in council of
states had to accede amounting to at least 50% of population .

2. The act introduced dyarchy at the centre with federal subjects divided into
reserved and transferred lists. Reserved subjects were to be administered by
the governor general on advice of his executive council. This list included
important subjects like defence, external a airs etc, The transferred subjects
were to be administered on the advice of the council of ministers.

3. The proposed federal legislature was bicameral body consisting of the Council
of States (Upper House) and the Federal Assembly (Lower House). Upper
house was partly nominated by the princes to and partly elected directly to
www.atishmathur.com Telegram : Atish Mathur O cial
ffi

fi
ff
ff
 The Mains 2021 Crash Course Page 3 of 5
represent provinces. The members of lower house were indirectly elected by
the members of provincial legislatures and nominated by the princes.

OTHER FEATURES OF THE ACT

1. The India Act 1935 also provided for the establishment of a Federal Court to
adjudicate inter-states disputes and matters concerning the interpretation of the
constitution.

2. The Act not only retained the separate electorate(of previous act of 1919) but
also enlarged its scope. The anglo Indians and christians were also given
separate electorate. Women were given reservation. Reservation for
depressed classes was also provided (amendment by Poona pact).

3. No Indian legislature whether federal or provincial was authorised to modify or

amend the constitution. Only the British parliament could do so and it’s
supremacy was retained.

4. Burma was separated from India with e ect from April 1937

5. Abolished the Council of the Secretary of State for India, which was created
in 1858. The Secretary of State was to have advisers on its place

6. Act provided for the creation of two new provinces of Sindh from Bombay and
Orissa from Bihar.

7. Reserve Bank of India was established.

8. Safeguards were provided for the minorities. It was argued that the
minorities needed protection from the dominance of the majority community.
But the so-called provisions in the Act relating to safeguards were merely a trick
to empower the Governor General and the Governors to override the ministers
and the legislators

9. Franchise was extended but still retained property quali cations.

www.atishmathur.com Telegram : Atish Mathur O cial

ffi

ff
fi
 The Mains 2021 Crash Course Page 4 of 5

LIMITATIONS OF THE ACT:

1. The governor could take over control of provincial government in the event
of a political breakdown. Similar to article 356 in todays time.

2. Governor had enormous powers on non votable items of the budget

which comprised 40% of the budget. Total nancial autonomy was a missing

feature of the act. It limited the powers and autonomy enjoyed by the provinces

3. In the garb of performing their “special responsibilities” like maintaining peace

and protecting the interests of minorities etc, the governors could act in his
discretion without consulting the ministers. These ambiguous provisions were

often use to interfere and gain control of administration whenever it saw the

need to Maintain order.

4. The governor would decide if a question arose as to what was in his

discretion Or not. Therefore ministerial powers could be curbed by the

Governor according to his whims and fancies.

5. There were many subjects on which legislation could not be initiated without

The previous consent of the governor general at centre and the governor in

the provinces

6. Issues with the system of dyarchy at the centre:

• Important departments like defence and foreign a airs were retained

in reserved list in which full discretion was retained by the governor
general

• Control over 80% of the budget (non votable )

• Governor General could still veto a bill passed by both the houses,
making the powers to legislate practically redundant.

7. All sections had denounced the proposed federation because :

• Muslim leaders felt that the proposed structure is still very unitary and
were afraid of the hindu domination
• Congress did not like the proposed structure with 1/3rd seats given for
nomination to the princes
• The Princes did not want to surrender their autonomy and join a
democratised federal government, where the elected leaders would
have little sympathy for their autocratic rules and press for democratic
reforms thereby endangering their powers and autonomy.

8. In the bicameral central legislature, members nominated by princes would

constitute 30-40% of seats, thus permanently eliminating a possibility of a

Congress or elected majority. Princes were considered conservative with

www.atishmathur.com Telegram : Atish Mathur O cial

ffi

fi
ff
 The Mains 2021 Crash Course Page 5 of 5
their Interests aligned with the British.

9. It did not contain a the provisions of dominion status or the bill of rights

as envisaged by the Nehru report. The franchise though extended, only

included 10% of the population.

FEDERAL FEATURES LIMITATIONS SIMILARITIES AND

DIFFERENCES WITH THE
CURRENT CONSTITUTION

Federation proposed with Did not operationalise due to India has a quasi federal
British provinces and princely required number of princely system. Though Federation
states.
states did not accede nowhere used in the
Option given to join constitution.

“union of states” &

“Indestructible union of
destructible states “

Provincial autonomy Governor given powers to States are autonomous in their

introduced and abolition of dismiss council of ministers own sphere BUT

dyarchy and take control of Article 356 in case of

administration.
breakdown of constitutional
machinery and provision to
make it unitary in times of
emergency (Article 352)

Division of subjects in 3 lists Governor enjoyed veto powers Schedule 7 lists; central, state
for legislative division of and prior consent was needed and concurrent

powers
for few subjects.
States vote on their own
40% of budget was non budget but depend on centre
votable , lacked nancial for devolution of funds
autonomy

Council of states at the centre 104 out of 260 represented Rajya sabha representing the
princely states and therefore states but has di erent
not representing provinces number of seats from di erent
with elected legislatures. states.

Unlike the present Rajya Less powers in matters of

sabha money bill etc.

Federal court was established Not the nal court of appeal.

Supreme Court established for
to adjudgecate interstate It was the privy council in federal disputes and for
disputes and interpret the England. constitutional interpretation
constitutetion

www.atishmathur.com Telegram : Atish Mathur O cial

fi
fi
ff
ff
ffi