Analysis of the Government of India act, 1935

as a significant source of the Constitution of

India

Assignment submitted in fulfilment of the requirement of

submitting one assignment for the assessment of core course:
“Constitution Law-I” in the first semester of the degree of 3-year
LLB, Indian Institute of Legal Studies, Darjeeling

Submitted by

Name: Shantam Basu

Roll no.: 115
Semester: 1st
Course name: Constitution Law-I
Under supervision of: Asst. Prof. Mr. Rituraj Bhowal
 Acknowledgement

At first I would like to thank my guide Assistant Prof. Mr. Rituraj Bhowal for helping me
implement the information with the necessary guidance in my assignment titled “Analysis of
the Government of India act, 1935 as a significant source of the Constitution of India”.
My guide has used her experience that she has gathered from his/her teaching career to help
me write this assignment. I would like to thank further the principal of my college Prof. (Dr.)
Pradeepta Kishore Sahoo and other teaching and non-teaching staff who have lent me their
valuable time and assistance and inspired me to complete my assignment. Without their
valuable inputs and help I would not have been able to complete this task within the given
time.
 Table of contents

1. List of cases…………………………………………………………………………...Page 1
2. List of abbreviations…………………………………………………………………..Page 2
3. Introduction…………………………………………………………………………Page 3-4
4. Conceptual context………………………………………………………………….Page 5-6
5. Analysis…………………………………………………………………………......Page 7-8
6. Conclusion and suggestion…………………………………………………….…..Page 9-10
7. Bibliography…………………………………………………………………………Page 11
List of cases
 List of abbreviations

GOI: Government of India

 Introduction
The Government of India Act, 19351, represents a crucial milestone in India's constitutional
history. This act served as a foundational blueprint for the independent India's Constitution,
which was adopted in 1950. This assignments aims to analyse the Government of India Act,
1935, in the context of its significance as a source for the Constitution of India. It examines
how various provisions, principles, and structures from the 1935 Act were incorporated into
the Indian Constitution, highlighting the transformative journey that India undertook in
shaping its constitutional framework.

The Government of India Act, 1935, was a comprehensive piece of legislation that
significantly restructured the governance of British India. Although India became
independent in 1947, the 1935 Act continued to influence the drafting of the Constitution of
India. The Indian Constitution, adopted on January 26, 1950, drew extensively from the
provisions and principles outlined in the 1935 Act. This paper aims to elucidate how the
Government of India Act, 1935, played a pivotal role in shaping the Constitution of India.

The Government of India Act, 1935, emerged during a period of significant political and
social change in India. By the early 20th century, Indian nationalist movements had gained
momentum, and the demand for greater self-governance and autonomy was becoming
increasingly pronounced. The Government of India Act, 19192, had already introduced some
limited reforms, including the introduction of the dyarchy system in the provinces, which
allowed for the participation of Indians in governing their regions. However, the demand for
more substantial political reforms persisted. The Simon Commission, appointed in 1927 to
assess the functioning of the Government of India Act, 1919, was met with widespread
protests in India, as it did not include any Indian members. This led to the development of the
Nehru Report in 1928, which proposed a more radical vision of self-governance for India,
including dominion status and full control over its affairs. The British government, led by
Prime Minister Ramsay MacDonald, responded to these demands by appointing the Round
Table Conferences in London. These conferences aimed to discuss constitutional reforms for
India.
1. The Government of India Act, 1935, Acts of Parliament, 1935 (United Kingdom)
2. The Government of India Act, 1919, Acts of Parliamnet, 1919 (United Kingdom)
However, despite some progress, a consensus remained elusive. The communal divide
between Hindus and Muslims, the issues of minority rights, and concerns over the protection
of British interests in India complicated the negotiations.

The Government of India Act, 1935, represented a significant milestone in India's

constitutional history. This pivotal legislation, often referred to as the 'GOI Act 1935,' was a
crucial step in the evolution of India's political and administrative framework during the
British colonial era. It was a substantial departure from the earlier Government of India Acts,
offering a more comprehensive and detailed structure for governing British India.
 Features

The Government of India Act 1935 played a significant role in shaping the political landscape
of India during the final years of British colonial rule. It laid the foundation for the future
constitutional development of India, which eventually led to independence and the adoption
of the Constitution of India in 1950. The Government of India Act, 1935, was enacted with
several key objectives in mind:

Devolution of Power: The Act aimed to decentralize power from the central government to
the provinces. It introduced provincial autonomy, allowing provincial governments to
exercise greater control over their own affairs, including finance, education, and public
health.

Federal Structure: It established a federal system for India, comprising British India
(provinces) and the princely states. The Act aimed to create a strong central government
while granting considerable autonomy to the provinces.

Franchise Expansion: The Act expanded the franchise, giving voting rights to a larger
section of the Indian population. This marked a significant step towards a more inclusive and
representative political system.

Separation of Powers: The Act sought to separate the executive from the legislature,
providing for a bicameral legislature in the provinces and a federal assembly at the center.

Protection of Minority Rights: The Act included provisions for the protection of minority
rights, particularly those of Muslims, Sikhs, and other religious and linguistic minorities, in
an attempt to address communal tensions.

The Government of India Act, 1935, had a profound impact on India's political landscape in
terms of the following:
Provincial Autonomy: The Act led to the formation of elected provincial governments,
allowing Indians to have a more direct role in governing their regions.
This fostered a sense of self-governance and political awareness among Indians.

Central Authority: While granting autonomy to the provinces, the Act also retained a strong
central authority. This balanced approach was an attempt to address the diverse interests and
needs of a vast and complex country like India.

Communal Divide: Despite provisions for minority rights, the Act did not fully resolve
communal tensions, which would later escalate, leading to the partition of India in 1947.

Constitutional Framework: The Act served as a blueprint for the subsequent Constitution of
India, adopted in 1950. Many of its provisions, such as federalism and the separation of
powers, influenced the structure of India's post-independence governance.

Therefore, we can say that the Government of India act, 1935 did have a diversified and
multifaceted effect on the political and legal landscape of India and it did certainly have to
contribute directly and indirectly to the framing of the constitution of India.
 Relevance of Government of India Act, 1935 on the
Indian Constitution
Before delving into the specifics of the Government of India Act, 1935, it is essential to
understand the historical context in which it was enacted. The Montagu-Chelmsford Reforms
of 1919, which introduced limited self-government to India, laid the groundwork for
constitutional development. The 1935 Act, which followed, aimed to provide further reforms,
albeit within the confines of the British Empire. In fact, the following points will elucidate
what a significant impact the act had on political and legal sphere and influenced the framing
of the constitution of India as they are the key provisions and principles of The 1935 Act
which left a lasting impact on the Indian Constitution:

Federal system: The Act introduced a federal system, dividing India into provinces and
princely states. This concept of a federation of states was retained in the Indian Constitution,
which created a union of states and retained a similar federal framework.

Division of Powers: The Act outlined the distribution of legislative powers between the
center and the provinces. This distribution, albeit with modifications, formed the basis of the
Indian Constitution's distribution of powers under its three lists: Union List, State List, and
Concurrent List.

Bicameral Legislature: The 1935 Act provided for a bicameral legislature at the center and
in some provinces. This bicameral structure influenced the creation of the Indian Parliament
with the Lok Sabha and the Rajya Sabha.

Fundamental Rights: The Act included provisions related to fundamental rights for Indian
citizens, although they were limited compared to those in the Indian Constitution. The Indian
Constitution expanded and enshrined a comprehensive set of fundamental rights.
Provincial Autonomy: The Act granted considerable autonomy to the provinces in certain
areas. This principle of provincial autonomy was retained in the Indian Constitution and
reflected in the State Lists.

Role in Constitutional Development: The Government of India Act, 1935, played a crucial
role in India's journey towards full self-governance and independence. While it was a product
of colonial rule, it provided a constitutional framework that served as a foundation for the
Indian Constitution. The Constituent Assembly of India, tasked with drafting the
Constitution, drew extensively from the 1935 Act's provisions and principles while adapting
them to suit the aspirations of an independent and democratic India.

According to critics, the writers of the Constitution incorporated a considerable number of

clauses from the Government of India Act of 1935 into the Indian Constitution. As a result,
the Constitution is referred to as a "Carbon Copy of the 1935 Act" or an "Amended Version
of the 1935 Act." Prof. N. Srinivasan said that the Indian Constitution is “both in language
and substance a close copy of the Act of 1935” 3. Sir Ivor Jennings, a British Constitutionalist
commented that “the Constitution derives directly from the Government of India Act of 1935
from which many of its provisions are copied almost textually” 4. P.R. Deshmukh, a member
of the Constituent Assembly, mentioned that “the Constitution is essentially the Government
of India Act of 1935 with only adult franchise added”.

The Government of India Act, 1935, represents a significant source of the Constitution of
India. It laid the groundwork for India's constitutional development, providing valuable
insights into the federal structure, division of powers, fundamental rights, and other critical
aspects of governance. While India broke free from colonial rule in 1947, the legacy of the
1935 Act endured in the form of the Indian Constitution, a document that continues to guide
India's democratic journey to this day. The act stands as a testament to India's ability to
transform a colonial instrument into a blueprint for a vibrant and enduring democracy.
3. N. Srinivasan, The Theory of the Constituent Assembly, vol. 1, IJPS, p. 376, 392 (1950)
4. Sir Ivor Jennings, Sir Ivor Jennings and Constitutional laws of India, vol. 14, IJPS, p. 145, 150 (1953)

Conclusion and suggestion

The Government of India Act, 1935, left an indelible mark on the eventual constitution of
India, which came into force in 1950. This landmark legislation, enacted by the British
colonial government, played a pivotal role in shaping the constitutional framework of
independent India. In conclusion, the impact of the Government of India Act, 1935, on the
Constitution of India is undeniable.

The Act provided a foundational framework for constitutional governance in India. It

introduced several key features of modern constitutionalism, including federalism,
bicameralism, and separation of powers. These concepts served as the building blocks for the
Indian Constitution. The Act proposed a federal structure for India, dividing powers between
the centre and the provinces. Although India ultimately adopted a quasi-federal system, the
Act's federal provisions heavily influenced the distribution of powers in the Indian
Constitution. The Act introduced a bicameral legislature at the provincial and central levels.
While India's Parliament eventually adopted a similar structure, the powers and
responsibilities of the two houses were defined differently in the Indian Constitution. The Act
emphasized the separation of powers among the executive, legislative, and judicial branches
of government. This principle was integrated into the Indian Constitution, with clear
demarcation of functions and responsibilities.

The Act granted limited self-government to provinces, allowing them to manage their affairs
to a significant extent. This concept was embraced in the Indian Constitution, which
recognized the states as autonomous entities with their own governments and legislatures.
The Act introduced the concept of direct elections and communal representation. While the
Indian Constitution adopted direct elections, it moved away from the communal
representation system, emphasizing a more secular and inclusive approach. The Act included
a chapter on fundamental rights, laying the foundation for the protection of individual rights
and liberties. These rights were substantially expanded and enshrined in Part III of the Indian
Constitution.
The Act included provisions for emergency situations, which found their way into the Indian
Constitution with some modifications.
The Indian Constitution grants the President the power to proclaim three types of
emergencies—national, state, and financial. The Act established a Federal Court, which later
evolved into the Supreme Court of India. The Indian Constitution continued and expanded
the role of the judiciary as the guardian of the Constitution and protector of fundamental
rights. The Act allowed for future constitutional adaptation through the Government of India
Act, 1939. This mechanism for constitutional evolution was retained in the Indian
Constitution, allowing for amendments as needed over time.

In essence, the Government of India Act, 1935, acted as a blueprint and source of inspiration
for the makers of the Indian Constitution. While there were significant departures and
adaptations to suit the unique needs of independent India, the Act provided a solid foundation
upon which the Indian Constitution was built. It laid the groundwork for democratic
governance, federalism, and the protection of individual rights, all of which continue to shape
the constitutional landscape of India today. Thus, the impact of the Government of India Act,
1935, on the Constitution of India is profound and enduring, reflecting the legacy of a
colonial-era legislation that helped pave the way for a vibrant and democratic republic.
 Bibliography
1. The Government of India Act, 1935, Acts of Parliament, 1935 (United Kingdom)
2. The Government of India Act, 1919, Acts of Parliament, 1919 (United Kingdom)
3. N. Srinivasan, The Theory of the Constituent Assembly, vol. 1, IJPS, p. 376, 392 (1950)
4. Sir Ivor Jennings, Sir Ivor Jennings and Constitutional laws of India, vol. 14, IJPS, p. 145,
150 (1953)