This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1^st year law student.

Background: –

After the Indian National Congress was established in 1885, powerful leaders of the party began to call for constitutional reforms, but the British Parliament wasn’t really ready to grant such flexibility. But the issue lasted until World War 1 (1914 – 1918). United Kingdom was the active participant in the war and wanted support. The leaders of the Indian National Congress benefited from the fact that the British needed help in war. They consented to aid the British in the war in exchange for their consent to the inclusion of more Indians in the country’s administrative structure.

The British Parliament established the “Government of India Act, 1919” after the war was over in order to carry on the promise of increasing participation of Indians in administrative work. The constitutional amendments made by the legislation are also known as the Montagu-Chelmsford Reforms because the report was based on Edwin Montagu’s suggestions. The Act included a number of measures aimed at broadening participation, and the Parliament decided to send a Commission after ten years from 1919 to determine whether the Act was fulfilling its objective.

Then, in 1928, a constitutional commission composed of 7 members of the British Parliament were sent. The panel is also known as the “Simon Commission” since Sir John Simon served as its chairman. Because no Indian was included in this commission, the Indians boycotted it heavily because they couldn’t deliver on their ground-level issues if there were no Indians. The Simon Report was eventually published in 1930 amid suppression. 

Following all of these instances, the Labour Party under the direction of the British government hosted “Round Table Conferences”. Three conferences in a row were organised with Indian participation in order to provide better constitutional amendments. After taking into account all of these recommendations, the British Parliament decided to create a final document with the intention of increasing the participation of Indians. This document is known as the “Government of India Act, 1935.”

About: –

The Government of India Act 1935 was a result of years of political and constitutional reforms in British India. The act was passed in 1935 and was the result of the recommendations of the Simon Commission Report, White Paper released by the British parliament based on the Third Round Table Conference, other Round Table Conference’s recommendations, and the Reports of Joint Select Committees. 

The act was intended to give Indians more self-government and greater participation in the administration of their country. The act introduced a system of dyarchy at the provincial level, where certain responsibilities, such as education and public health, were transferred from British officials to Indian legislators. It also expanded the membership and powers of the Indian Legislative Assembly and Council of State, and provided for the creation of an All-India Federation, which was never fully implemented. The act also strengthened the central government and the position of the Governor-General.

The act was met with mixed reactions in India. Some saw it as a step towards greater self-government, while others criticized it for not going far enough and for leaving too much power in the hands of the British government and officials. The act remained in effect until the independence of India in 1947, but it was widely seen as inadequate and was ultimately superseded by the Constitution of India, which was adopted in 1950.

Provisions covered under the Act: –

The Government of India Act 1935 had several key provisions, which included:

1. Dyarchy at the Provincial level: 

The act introduced a system of dyarchy, where certain responsibilities such as education, public health and public works were transferred from British officials to Indian legislators.

2. Expansion of the Indian Legislative Assembly and Council of State: 

The act expanded the membership and powers of the Indian Legislative Assembly and Council of State.

3. All India Federation: 

The act provided for the creation of an All-India Federation, which would have been made up of representatives from the British Indian provinces and the princely states. However, this provision was never fully implemented.

4. Separation of the Executive and Judiciary: 

The act separated the Executive and Judiciary branches of government, which was aimed to ensure impartiality and independence of the judiciary.

5. Strengthening the Central Government: 

The act strengthened the central government and the position of the Governor-General.

6. Special Provisions for Minorities: 

The act included special provisions for the protection of minority rights and interests.

7. Public Service Commission: 

The act established a Public Service Commission to conduct competitive examinations for appointment to the civil services.

8. Autonomy for the Princely States: 

The act granted autonomy to the princely states, which allowed them to have their own constitutions and to have more control over their internal affairs.

It was a comprehensive legislation that aimed to provide a framework for the governance of British India and also pave the way for greater self-government for Indians within the British Empire.

Benefits: –

The Government of India Act, 1935 had a number of benefits, including:

1. Expansion of the franchise: 

The Act expanded the franchise and allowed more Indian citizens to participate in the political process.

2. Introduction of provincial autonomy: 

The Act introduced the concept of provincial autonomy, which gave Indian provinces more control over their own affairs.

3. Creation of an Indian federation: 

The Act provided for the creation of an Indian federation, which was seen as a step towards greater self-government for India.

4. Separation of powers: 

The Act separated the powers of the central and provincial governments, which helped to prevent the concentration of power in one group or individual.

5. Increased representation of Indians in government:

The Act increased the representation of Indians in the government and allowed for greater Indian participation in the administration of the country.

6. Setting up of a Federal Court: 

The Act set up a Federal Court, which helped to strengthen the rule of law and provide Indians with greater legal protection.

7. Introduction of bicameral legislature: 

The Act introduced a bicameral legislature, which provided for a more representative government.

8. Strengthening the legislative council: 

The Act strengthened the legislative council and provided for the participation of more Indians in the legislative process.

Criticism: – 

The Government of India Act, 1935 was criticized for a number of reasons, including:

1. Limited democracy: 

The Act provided for limited democracy and did not give Indian citizens the same political rights as British citizens.

2. Communal representation: 

The Act provided for separate electorates for different religious communities, which was seen as a way to divide Indians and prevent the emergence of a united national movement.

3. Centralization of power: 

The Act concentrated power in the hands of the British government and did not transfer enough authority to the Indian government.

4. Bureaucratic control: The Act perpetuated the control of the Indian government by a small group of British bureaucrats and did not provide for the participation of Indians in the administration of their own country.

5. No provision of complete autonomy: 

The Act did not provide for complete autonomy for the provinces and the Indian government remained under the control of the British government.

6. No provision for economic development: 

The Act did not provide for any measures to promote economic development in India and did not address the issue of poverty and unemployment.

7. No provision for representation of women: 

The Act did not provide for the representation of women in the legislative councils.

Conclusion: –

The Government of India Act 1935 was a significant piece of legislation that aimed to address some of the shortcomings of previous acts and provide for greater self-government in India. While it had some notable benefits such as the expansion of the franchise, the introduction of provincial autonomy, and the creation of an Indian federation, it also had its share of criticisms, particularly the limited democracy, communal representation, centralization of power, bureaucratic control, no provision of complete autonomy, no provision for economic development and no representation for women. It was a step forward in the constitutional development of India but was not considered as the final solution for Indian self-government. The Act remained in force until 1947, when India gained independence from British rule.

References: –

1. https://unacademy.com/content/bpsc/study-material/polity/government-of-india-act-of-1935/ 
2. https://byjus.com/free-ias-prep/government-of-india-act-1935/ 
3. https://www.insightsonindia.com/modern-indian-history/national-movement-1919-1939/government-of-india-act-1935/ 

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