Model Answer
0 min readIntroduction
The Indian Constitution, a monumental document embodying the aspirations of a newly independent nation, was drafted by the Constituent Assembly between 1946 and 1949. While the Assembly comprised brilliant minds dedicated to crafting a progressive and inclusive framework, the sheer scale of the task – defining the structure of a sovereign nation – would have been significantly more arduous without the pre-existing legal foundation provided by the Government of India Act, 1935. This Act, enacted by the British Parliament, though designed to consolidate colonial rule, inadvertently served as a crucial stepping stone towards India’s constitutional development.
Historical Context: The Government of India Act, 1935
The Government of India Act, 1935, was the longest and most detailed British statute relating to India. It arose from the recommendations of the Simon Commission (1927) and the Joint Select Committee. While it didn’t grant complete independence, it introduced provincial autonomy and a federal structure, albeit with reservations. This Act was in force during a crucial period, providing administrative experience and a legal framework that the Constituent Assembly could build upon.
Provisions Borrowed from the 1935 Act
The Constituent Assembly borrowed extensively from the Government of India Act, 1935, in several key areas:
- Federal Scheme: The concept of a federal structure with a strong centre, though modified, was largely derived from the 1935 Act. The division of powers between the Centre and the States mirrors the federal scheme outlined in the Act.
- Provincial Autonomy: The principles of provincial autonomy, granting provinces greater control over their internal administration, were retained and further strengthened in the Constitution.
- Public Service Commissions: The idea of Public Service Commissions, both at the Centre and the States, to ensure fair and merit-based recruitment, was adopted from the Act. Article 315-323 of the Constitution deals with Public Service Commissions.
- Administrative Details: Many administrative details, such as the office of the Governor, emergency provisions, and the judicial structure, were adapted from the 1935 Act.
- Directive Principles of State Policy: The concept of Directive Principles, though broader in scope, drew inspiration from the provisions relating to welfare and social justice in the Act.
Challenges Faced by the Constituent Assembly
Despite the foundation provided by the 1935 Act, the Constituent Assembly faced significant challenges:
- Partition: The partition of India in 1947 dramatically altered the Assembly’s composition and priorities, adding the complex task of drafting provisions for a divided nation.
- Integration of Princely States: Integrating over 560 princely states into the Indian Union required delicate negotiations and constitutional amendments.
- Diverse Socio-Political Landscape: India’s diverse socio-political landscape, with its myriad languages, religions, and castes, demanded a Constitution that was inclusive and representative of all sections of society.
- Fundamental Rights: Defining and safeguarding fundamental rights was a contentious issue, requiring careful consideration of individual liberties and social justice concerns.
Why the 1935 Act was a Significant Starting Point
The 1935 Act provided a ready-made framework that saved the Constituent Assembly considerable time and effort. Instead of starting from scratch, the Assembly could focus on adapting and modifying existing provisions to suit the needs of an independent India. This allowed them to concentrate on more fundamental issues like fundamental rights, directive principles, and the structure of the judiciary. Furthermore, the experience gained in administering the provisions of the 1935 Act by both the British and Indian administrators provided valuable insights into the practical challenges of governance.
| Feature | Government of India Act, 1935 | Indian Constitution (Impact) |
|---|---|---|
| Federal Structure | Proposed a federal structure with provinces and princely states | Adopted a federal structure with states and a strong Centre |
| Provincial Autonomy | Granted limited provincial autonomy | Enhanced provincial autonomy with greater powers to states |
| Public Service Commissions | Established Public Service Commissions | Constitutionalized Public Service Commissions (Articles 315-323) |
| Administrative Details | Defined administrative procedures and offices | Adapted administrative details for independent India |
Conclusion
In conclusion, while the Government of India Act, 1935, was a product of colonial rule, its provisions inadvertently provided a crucial foundation for the drafting of the Indian Constitution. The Constituent Assembly skillfully leveraged the existing framework, adapting and modifying it to create a document that reflected the aspirations of a free and democratic India. Without this pre-existing legal structure, the task of constitution-making would have been significantly more challenging and time-consuming, potentially delaying the establishment of a stable and effective governance system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.