Model Answer
0 min readIntroduction
The Government of India Act, 1935, was a landmark piece of British legislation that served as the longest-lived constitutional framework for India until 1950. Enacted in response to the Indian National Congress’s demands for greater Indian participation in governance and the failures of the earlier Acts of 1919 and 1909, it aimed to grant limited self-governance while retaining ultimate control with the British Crown. While not granting complete independence, the Act introduced significant structural and procedural elements that profoundly influenced the drafting of the Indian Constitution, earning it the title of the “most important source.”
Key Features of the Government of India Act, 1935
The Act was extensive and complex, covering various aspects of governance. Its features can be broadly categorized as follows:
1. Federal Structure
- Dyarchical Government at the Centre: The Act proposed a federal structure with a division of powers between the central government and the provinces. However, the central government retained significant control, particularly over defense, foreign affairs, and finance.
- Three Lists: Powers were divided into three lists – Federal List, Provincial List, and Concurrent List. This division, though not identical, foreshadowed the scheme of legislative powers in the Indian Constitution (Article 246).
2. Provincial Autonomy
- Increased Provincial Powers: Provinces were granted greater autonomy in administration, with elected representatives gaining control over most administrative departments.
- Responsible Government: The Act introduced the principle of responsible government in the provinces, where the Governor was required to act on the advice of ministers responsible to the provincial legislature. This principle is a cornerstone of parliamentary democracy in India.
- Abolition of Dyarchy in Provinces: Dyarchy, which had been introduced in 1919, was abolished in the provinces, leading to more direct control by elected representatives.
3. Judiciary
- Federal Court: The Act established a Federal Court in 1937, with original and appellate jurisdiction. This court served as a precursor to the Supreme Court of India (Article 124).
- Privy Council: The Privy Council remained the highest court of appeal, but its powers were gradually reduced.
4. Safeguards and Reservations
- Communal Representation: The Act continued the system of communal representation, with separate electorates for different communities (Muslims, Sikhs, Europeans, etc.). This feature, though criticized for its divisive nature, was initially retained in the Indian Constitution before being gradually dismantled.
- Special Provisions for Minorities: The Act included provisions to safeguard the interests of minorities, reflecting concerns about their representation and protection.
5. Other Important Provisions
- Public Service Commission: The Act provided for the establishment of a Public Service Commission, which laid the foundation for the Union Public Service Commission (UPSC) under Article 315 of the Indian Constitution.
- Reserve Bank of India: The Act established the Reserve Bank of India in 1935 to regulate the country’s monetary policy.
Table: Features of GOI Act 1935 adopted in Indian Constitution
| Feature of GOI Act 1935 | Corresponding Provision in Indian Constitution |
|---|---|
| Federal Structure with three lists | Article 246 (Legislative Powers) & Schedule VII (Lists) |
| Provincial Autonomy & Responsible Government | Articles 163 & 164 (Council of Ministers) |
| Establishment of Federal Court | Article 124 (Supreme Court) |
| Public Service Commission | Article 315 (UPSC) |
Conclusion
The Government of India Act, 1935, despite being a product of colonial rule, provided a substantial framework for the Indian Constitution. Its provisions relating to federalism, provincial autonomy, and the judiciary were directly adopted, albeit with modifications to reflect India’s sovereign and democratic character. While the Act’s communal representation aspects were eventually abandoned, its overall contribution to the constitutional development of India remains undeniable, solidifying its position as the most significant source of the Indian Constitution.
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.