Government of India Act 1935 — Study Notes

Overview

The Government of India Act 1935 was the longest and most detailed document ever enacted by the British Parliament up to that time. It represented the culmination of three Round Table Conferences (1930–32) and discussions outlined in the White Paper of 1933. This Act fundamentally restructured British India's governance framework and remained the constitutional foundation even after independence, with many provisions surviving in the Indian Constitution until 1950.

For UPSSSC PET, this topic is crucial because it marks the final constitutional development before independence and introduced concepts that shaped independent India's governance. Expect 2–3 questions covering federal structure, provincial autonomy, and separate electorates. Understanding the provisions, limitations, and how they influenced subsequent constitutional development is essential.

The Act attempted to establish a federal structure while maintaining British control through safeguards and reserved powers. While it granted limited provincial autonomy, it fell short of Indian aspirations for complete self-governance, making it a lightning rod for nationalist criticism.

Key Concepts

• **Dual Governance Structure**: The Act proposed an All-India Federation comprising British Indian provinces and princely states (which never materialized as princely states did not join), alongside autonomous provincial governments with elected ministries.

• **Provincial Autonomy**: Provinces gained substantial self-governance with elected ministries responsible to provincial legislatures. Dyarchy at provincial level (introduced in 1919) was abolished, giving provinces full control over transferred subjects.

• **Federal Dyarchy**: At the Centre, governance was divided between "reserved subjects" (defense, external affairs, tribal areas) controlled by the Governor-General and "transferred subjects" controlled by ministers responsible to the legislature—this federal portion never came into force.

• **Separate Electorates Extended**: The communal award system was institutionalized, extending separate electorates not just to Muslims but also to Sikhs, Anglo-Indians, Europeans, and Indian Christians, deepening communal divisions.

• **Bicameral Legislatures**: Both Centre and provinces (except smaller ones) got bicameral legislatures. At Centre: Federal Assembly (lower) and Council of States (upper). In provinces: Legislative Assembly and Legislative Council.

• **Direct Elections Expanded**: Though franchise remained limited (only about 10-12% of adult population could vote based on property, tax, and education qualifications), direct elections were expanded significantly compared to 1919.

• **Safeguards and Reserved Powers**: Governor-General and Governors retained sweeping emergency powers, veto rights, and could suspend legislatures, effectively maintaining ultimate British control despite democratic structures.

• **Federal Court**: Establishment of a Federal Court (inaugurated 1937) at the apex to resolve constitutional disputes between provinces and Centre, and interpret the Act—a precursor to India's Supreme Court.

Formulas / Key Facts

• **Date of Royal Assent**: August 4, 1935; provincial autonomy provisions came into effect on April 1, 1937.
• **Total Sections**: 321 sections and 10 schedules, making it the longest British Act at that time.
• **Federal Structure**: Never implemented because princely states refused to join; required at least 50% of princely states representing 50% of their population.
• **Provincial Autonomy Operative**: 1937–1939 (Congress ministries resigned in 1939 over World War II issue).
• **Franchise Expansion**: Electorate increased from 7 million (1919 Act) to approximately 35 million, though still only 10-12% of total population.
• **Bicameral Provinces**: Six provinces got bicameral legislatures—Madras, Bombay, Bengal, United Provinces, Bihar, and Assam.
• **Federal Assembly Composition**: 375 members (250 from British India, 125 from princely states—never formed).
• **Reserved Subjects at Centre**: Defense, foreign affairs, ecclesiastical affairs, tribal areas—controlled by Governor-General.
• **Governor's Special Powers**: Could veto legislation, promulgate ordinances, dismiss ministries, and assume direct control under Section 93 (Governor's Rule).
• **Burma Separated**: Burma (Myanmar) was separated from India and made a separate Crown Colony under this Act.

Worked Examples

**Example 1: Understanding Provincial Autonomy** *Question*: How did provincial autonomy under the 1935 Act differ from the dyarchy system of 1919?

*Solution*: Under the 1919 Act, provincial subjects were divided into "reserved" (controlled by Governor and Executive Council) and "transferred" (controlled by Indian ministers). This created dual governance at provincial level—dyarchy. The 1935 Act abolished provincial dyarchy entirely. All provincial subjects became "transferred" and were controlled by ministers responsible to elected provincial legislatures. Governors retained emergency powers and safeguards but could not interfere in day-to-day administration. This represented genuine, though limited, self-governance at the provincial level.

**Example 2: Federal Structure Non-Implementation** *Question*: Why did the federal provisions of the 1935 Act never come into operation?

*Solution*: The All-India Federation required participation of both British Indian provinces and princely states. The Act stipulated that federation would commence only when princely states representing at least 50% of the total population of all princely states and comprising at least 50% of their number formally acceded to the federation. By 1939, only a few minor states had expressed willingness to join. Major states like Hyderabad, Mysore, and Travancore refused, fearing loss of sovereignty. Without sufficient princely state participation, the federal provisions could not be activated. Only provincial autonomy sections became operational in 1937.

**Example 3: Separate Electorates Impact** *Question*: Which communities received separate electorates under the 1935 Act and why was this controversial?

*Solution*: The Act provided separate electorates for Muslims, Sikhs, Anglo-Indians, Europeans, Indian Christians, and even special representation for women in some provinces. This meant voters from these communities could only vote for candidates from their own community in reserved seats. The Indian National Congress opposed this, viewing it as a "divide and rule" tactic that hardened communal identities and fragmented Indian nationalism. It prevented cross-community political alliances and made religion the primary basis of political identity, contributing to the eventual partition demand.

Common Mistakes

• **Confusing implementation dates**: Students often mix up when the Act was passed (1935) versus when provincial autonomy actually began (April 1937). The two-year gap was needed for elections and administrative preparation.

• **Assuming complete autonomy**: Many believe the 1935 Act gave full self-governance. *Reality*: Governors retained extraordinary powers including Section 93 (Governor's Rule), veto rights, and control over law and order during emergencies. True autonomy was severely limited by safeguards.

• **Thinking federal provisions operated**: A common error is discussing the federal government as if it functioned. *Correct understanding*: Only provincial parts were implemented; federal dyarchy never came into effect because princely states didn't join.

• **Overlooking bicameral structure**: Students often forget that the Act created bicameral legislatures both at Centre (proposed) and in major provinces (actually implemented). The upper house checked hasty lower house legislation.

• **Believing franchise was universal**: The expanded electorate sounds democratic, but only 10-12% could vote based on property, tax, and education qualifications. This excluded the vast majority of Indians, especially women and the poor.

Quick Reference

• **1935 Act = Longest British Act**: 321 sections, 10 schedules; basis for Indian Constitution framework.
• **Provincial Autonomy (1937–39)**: Abolished provincial dyarchy; elected ministries controlled all provincial subjects.
• **Federal Dyarchy Never Implemented**: Princely states didn't join; federal provisions remained inoperative.
• **Separate Electorates Expanded**: Muslims, Sikhs, Christians, Anglo-Indians, Europeans got communal representation.
• **Federal Court Established**: Apex court for constitutional disputes, precursor to Supreme Court.
• **Congress Ministries Resigned 1939**: Protested India's World War II involvement without consultation; provincial autonomy effectively ended.