Government of India Act 1935 – Free Modern History Notes for UPSC 2025

The Government of India Act 1935 was a significant piece of legislation in the history of British India. Enacted by the British Parliament, this act aimed to overhaul the governance structure of India. Let’s delve into the key features and implications of this pivotal legislation.

The British arrived in India in the 1600s mainly for trade. They were given permission to trade by Queen Elizabeth I through the East India Company. For more than 200 years, the British East India Company governed India until India gained independence in August 1947.

After independence, India needed a constitution to govern the country. Today, this constitution ensures justice for everyone. While India’s constitution was created after independence, it still borrowed some elements from the British Constitution.

Background

The Indian Constitution took many ideas from the British constitution, which can be broadly categorized into two groups:

Under the Rule of the Company:

• The Regulating Act of 1773
• The Amending Act of 1781
• Pitt’s India Act of 1784
• Charter Acts of 1793, 1813, 1833, and 1853

Under Crown Rule:

• Government of India Act 1858
• Indian Councils Acts of 1861, 1892, and 1909
• Government of India Act 1919
• Government of India Act 1935
• Indian Independence Act of 1947

These acts and amendments were instrumental in shaping our final constitution.

Features of the Act

The Government of India Act of 1935, which was heavily influenced by the British, was a lengthy document with 321 sections and 10 schedules. Here are some of its key features in simpler language:

1. Federal System: It set up a federal system for the Indian government, dividing powers between the central government and the states or provinces.
2. Distribution of Powers: Certain powers were given solely to the central government, while others were given solely to the states. Some powers were shared between the two.
3. Abolishment of Independent Authorities: The Act abolished independent authorities in the states, making them subject to the authority of the central government.
4. Governor’s Authority: The Governor held ruling authority in the states, but this was abolished in 1939.
5. Diarchy: The Act proposed diarchy, where certain powers were to be shared between elected Indian ministers and British-appointed governors, but this was rejected by the states.
6. Bicameral Legislature: It introduced two chambers, the Upper House and the Lower House, in certain states like Madras, Bombay, and Bengal.
7. Separate Electorates: It provided separate electorates for scheduled castes, workers, and women.
8. Appointment of Secretary of State: The Secretary of State for India was to be appointed by a team of advisors.
9. Limited Voting Rights: Only about 10% of the population had the right to vote.
10. Control of Currency: It established a reserve bank to control the flow of currency.
11. Federal Court: The Act established the Federal Court in 1937, which was the highest court until the Supreme Court was established.
12. Railways: Federal Railways were established, under the Governor-General, which was independent of other powers.

Overall, the Act laid the foundation for a responsible form of government in India and played a crucial role in leading to India’s independence. It also provided women with significant decision-making powers.

Defects in the Act

1. No Solution for Defence: It didn’t address India’s defence concerns.
2. No Clear Path to Independence: It didn’t provide a clear path for India to achieve independence.
3. No Mention of Fundamental Rights: It didn’t mention the fundamental rights of the Indian population.
4. Limited Powers to Indians: Although the British promised Dominion status, they didn’t grant real powers to Indians, keeping the control in their hands.
5. Retained British Power: The British still had the power to govern as they wished.
6. Rejected by Indian National Congress and Muslim League: Both the Indian National Congress and the Muslim League rejected the Act because of this.
7. Governor-General’s Extensive Powers: Despite Provincial Autonomy, governors retained significant powers.
8. Communal Representation Fuelled Separatism: The Act’s system of communal electorates and representation fueled separatist sentiments, leading to India’s partition.
9. Rigid Constitution: It established a rigid constitution with no room for internal growth, and only the British Parliament could amend it.
10. British Government’s Control: The Act gave legal tools to the British government to reclaim total control whenever they wanted.
11. Limited Federation: The federal part of the Act could only take effect if half of the states agreed to federate, which never happened, especially after World War II began.

The Government of India Act of 1935 changed India’s government to a federal system. It separated the powers between the central and state governments, with states operating under the central government. This idea was strongly opposed because people feared that states would lose their powers and become subservient to the central government. However, this Act formed the basis for negotiations between Indians and the British for independence.

However, the Act didn’t mention defense, an important aspect of national security, nor did it address the rights of the people. Also, voting rights were limited to only 10% of the population, making the government less democratic.

Also Read: Government of India Act 1919.