Thursday, May 28, 2009

Government of India Act 1935


The Government of India Act 1935 was important as some provintial autonomy was granted which meant that every provintial government could devise and carry out its program with responsibility to their own legislature. This was the first time that the provintial government had control over all the departments of the country except when governers choose to intervene.
One of the drawbacks of the constitution was that the real power was still in the hands of the governers who could appoint and dismiss. Another drawback was the decision towards External Relations and the defence remained still in the hands of British.
Provisions were included for the formation of Federal Government at Centre which meant that the princely states could decide to participate in the government politically. Additional right of voting was given to the people.


The main features of the Act of 1935 were:

1. A Federation of India was promised for, comprising both provinces and states. The provisions of the Act establishing the federal central government were not to go into operation until a specified number of rulers of states had signed Instruments of Accession. Since, this did not happen, the central government continued to function in accordance with the 1919 Act and only the part of the 1935 Act dealing with the provincial governments went into operation.
2. The Governor General remained the head of the central administration and enjoyed wide powers concerning administration, legislation and finance.
3. No finance bill could be placed in the Central Legislature without the consent of the Governor General.
4. The Federal Legislature was to consist of two houses, the Council of State (Upper House) and the Federal Assembly (Lower House).
5. The Council of State was to consist of 260 members, out of whom 156 were to be elected from the British India and 104 to be nominated by the rulers of princely states.
6. The Federal Assembly was to consist of 375 members; out of which 250 were to be elected by the Legislative Assemblies of the British Indian provinces while 125 were to be nominated by the rulers of princely states.
7. The Central Legislature had the right to pass any bill, but the bill required the approval of the Governor General before it became Law. On the other hand Governor General had the power to frame ordinances.
8. The Indian Council was abolished. In its place, few advisers were nominated to help the Secretary of State for India.
9. The Secretary of State was not expected to interfere in matters that the Governor dealt with, with the help of Indian Ministers.
10. The provinces were given autonomy with respect to subjects delegated to them.
11. Diarchy, which had been established in the provinces by the Act of 1919, was to be established at the Center. However it came to an end in the provinces.
12. Two new provinces Sindh and Orissa were created.
13. Reforms were introduced in N. W. F. P. as were in the other provinces.
14. Separate electorates were continued as before.
15. One-third Muslim representation in the Central Legislature was guaranteed.
16. Autonomous provincial governments in 11 provinces, under ministries responsible to legislatures, would be setup.
17. Burma and Aden were separated from India.
18. The Federal Court was established in the Center.
19. The Reserve Bank of India was established.

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