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Government of India Act 1935

Background to the Act

Indians had increasingly been demanding a greater role in the government of their country

since the late 19th century. The Indian contribution to the British war effort during the First

World War meant that even the more conservative elements in the British political

establishment felt the necessity of constitutional change, resulting in the overnment of India

!ct 1919. That !ct introduced a novel system of government "nown as provincial #dyarchy#,

i.e., certain areas of government $such as education% were placed in the hands of ministers

responsible to the provincial even for those areas over which they had gained nominal

control, the #purse strings# were still in the hands of British officialdom.

The intention had been that a review of India&s constitutional arrangements and those princely

states that were willing to accede to it. 'owever, division between (ongress and )uslim

representatives proved to be a ma*or factor in preventing agreement as to much of the

important detail of how federation would wor" in practice.

!gainst this practice, the new (onservative+dominated ational overnment in -ondon

decided to go ahead with drafting its own proposals $the white paper%. ! *oint parliamentary

select committee, chaired by -ord -inlithgow, reviewed the white paper proposals at great

length. n the basis of this white paper, the overnment of India Bill was framed. !t the

committee stage and later, to appease the diehards, the #safeguards# were strengthened, and

indirect elections were reinstated for the (entral -egislative !ssembly $the central

legislature&s lower house%. The bill duly passed into law in !ugust 19/0.

!s a result of this process, although the overnment of India !ct 19/0 was intended to go

some way towards meeting Indian demands, both the detail of the bill and the lac" of Indian

involvement in drafting its contents meant that the !ct met with a lu"ewarm response at best

in India, while still proving too radical for a significant element in Britain.



Features of GOI Act 1935

This !ct established a Federation of India2 made up of British Indian 3rovinces $overnor4s

3rovince and (ommissioner4s 3rovince% and Indian states which might accede to be united.

In the case of states accession to the Federation was voluntary and the Federation could not

be established until5

$a% ! number of states, the rulers where off were entitled to choose not less than half of the

167 seats of the (ouncil of state, and

$b% The aggregate population whereof amounted to at least one half of the total population of all the Indian 8tates had acceded to the Federation. The terms on which a state *oined the

Federation were to be laid down in the Instrument of !ccession.

The Federal Eecutive!

yarchy, re*ected by the 8imon (ommission, was provided for in the Federal :;ecutive.

efence, :;ternal !ffairs, :cclesiastical !ffairs and the administration of the Tribal !reas

were reserved in the hands of the overnor+eneral to be administered by him with the

assistance of ma;imum of three (ouncilors to be appointed by him.

The other Federal sub*ects would be administered by the overnor+eneral with the

assistance and advice of a (ouncil of )inisters $not more than ten% to be appointed by him

and to hold office during his $overnor eneral% pleasure and to be responsible to the Federal

-egislature.

The overnor eneral had special responsibilities regarding certain specified sub*ects $the

prevention of any grave menace to the peace and tran<uility of India or any part thereof in

respect of these sub*ects he had full freedom to accept or re*ect the advice of the )inisters.

The position of the (ouncil of )inisters was only ornamental rather than useful.

The Federal "egislature!

The Federal -egislature was constituted of two 'ouses, the (ouncil of 8tate and the Federal

!ssembly. The (ouncil of state was to be a permanent body with one+third of its membership

being vacated and renewed triennially. It was to consist of 10= elected members of British

India and not more than 167 from the Indian states $to be nominated by the rulers concerned%.



The Federal !ssembly whose duration was fi;ed for five years was to consist of >06

representatives of British India and not more than 1>0 members from the Indian states. The

members to the Federal !ssembly were to be elected indirectly by the members of the

3rovincial -egislative !ssemblies on the system of proportional representation with the

single transferable vote2. The members from the states were to be nominated by the rulers.

?esiduary legislative powers were vested in the overnor+eneral in the matter of the

enlistment of sub*ects either in the Federal -egislative list or the 3rovincial -egislative list or

the concurrent -egislative list. The powers of the legislature were @cribbed, cabined and

confined.2 The Federal -egislature was not allowed to deal with the laws affecting the British

8overeign, or the royal family, or matters concerning the !rmy !ct, the !ir Force !ct or laws

for the amendment to the 19/0 !ct. iscriminatory legislation against British commercial or

other interests was banned.

Besides there were many sub*ects of importance on which legislation could not be initiated

without the previous sanction of the overnor+eneral. !ny re*ected items of the budget

could be placed, by the direction of the overnor+eneral before the (ouncil of 8tate.

In case of difference between two houses the overnor+eneral could summon a *oint sitting

and even if a Bill was passed by both the houses he could veto the Bill and return it bac" for

reconsideration or reserve it for his ma*esty4s consideration.

The main feature of the !ct of 19/0 was the provision of the responsible overnment with

safeguards. The !ct made the overnor+eneral the pivot of the entire constitution. The

overnor eneral had the *urisdiction to give the unity and to direct to different conflicting

elements.

The overnor eneral acted in three different ways or capacities. ormally he was to act on

the advice of his ministers. 'e had the right to act on his individual *udgment. 'is special

responsibility was to safeguard the financial stability and credit of India, The maintenance of

law and order, the protection of the minorities, and the public servants were some other duties

of the overnor eneral. ! Federal (ourt was established and it was given e;clusive original

*urisdiction in disputes between the Federation the 3rovinces and the states *oining the

Federation.



The 8tates accession to the Federation was voluntary. The terms on which a state *oined the

Federation of India2 were to be laid down in an instrument of accession2, the rights and

obligations of the British crown in respect of the Indian states were to remain unaffected. The

rights and obligations were left in charge of the (rown ?epresentative. It was permissible to

combine the office of overnor+eneral and (rown ?epresentative in the same person.

In both 'ouses of the Federal -egislature the states were given their <uota of representation.

But the members from the state were not to be elected. In spite of such wide range of

provisions the 3rinces of the ative 8tates however refuse to *oin the Federation. They were

alarmed by the changing situation in the country caused by the rapid spread of the national

movement.

They apprehended that achievement of democratic freedom2 by the people of British India

would undermine the autocratic rule in their own state. They also feared that accession to the

Federation would bring them under the authority of the Federal overnment of India in some

essential matters.

#rovincial Autonom$!

!s in the case of the Federation the :;ecutive authority of a province was vested in a

overnor appointed to represent the crown in the province. 'is position was largely modeled

on that of the overnor+eneral. The administration of the 3rovincial affairs was to be

ordinarily carried on by a council of ministers appointed by the overnor from among the

elected members of the 3rovincial -egislature and responsible to them only. The ministers

held office so long as they en*oyed the pleasure of the overnor.

The overnor did not only act as the constitutional head of the province merely acting on the

advice of the (ouncil of )inisters, he had some special responsibilities regarding the

maintenance of peace or tran<uility of the province or any part thereof. In the discharge of his

special responsibilities he was authoriAed to act in several matters in his discretion without

consulting his ministers and to give his individual *udgment.

In that case he was to only consider the advice of the (ouncil of )inister. The overnor had

enormous powers which included many legislative powers as well as over non+votable items

comprising about 76 of the budget. 'e could by a proclamation ta"e the entire or partial

government of the province into his own hand.



#rovincial "egislature!

The constitution of the 3rovincial -egislature varied from province to province. In all

3rovincial !ssemblies all members were directly elected by the people. In provinces li"e

)adras, Bombay, Bengal, C.3., Bihar and !ssam there was bicameral -egislature consisting

of a -egislative (ouncil and a -egislative !ssembly and in each of these -egislative (ouncils

the overnor had the power to nominate some members.

There were 06 seats in orth+West Frontier 3rovince, =6 each in rissa and 8indh, 16D in

!ssam, 11> in (entral 3rovinces, 10> in Bihar, 1E0 each in the 3un*ab and Bombay, >10 in

)adras, >>D in the Cnited 3rovinces and >06 in Bengal.

The separatist system of representation by religious communities and other groups was a prominent feature of the !ct of 19/0. The electoral procedure was governed by the

(ommunal award of the British overnment as modified by the 3oona 3act in respect of

8cheduled (astes.

Cnder this seats in the -egislatures were divided among various communities and groups

besides there were separate constituencies for eneral )uslims, :uropeans. !nglo Indians,

8i"hs, Indian (hristians etc. 8ome of the general seats were reserved for 8cheduled (astes.

This method of (ommunal award of the British overnment accentuated the (ommunal

disharmony in the country which paved the way for the eventual partition of India.

The !ct of 19/0 created general disappointment of all political parties. With innumerable

chec"s restrictions, reservations and safeguards the new !ct was still far away from even a

reasonable measure of self overnment. The status of India that of dependency gradually

gravitating towards that of dominion.2

The (ongress 3resident r. ?a*endra 3rasad criticiAed the absence of any provision for

automatic growth of development of self overnment.2 'e further said that it will be a "ind

of federation in which unabashed autocracy will seat entrenched in one+third of India and

peep in every now and then to strangle popular will in the remaining two+ thirds.2 The

)uslim -eague led by innah also re*ected the Federal 8cheme describing it as a device to

withhold responsibility at the (entre.2 The !ct was introduced as a political solution of the

problems in order to safeguard the British financial interests in India.



The British overnment miserably failed to overcome the opposition of the Indian ational

(ongress, the )uslim -eague and the 3rinces against the Federal 8cheme. 8o the Federal

8cheme was withheld e;cept the establishment of the Federal (ourt and the 3rovincials

scheme was introduced on 1st !pril, 19/E causing a drastic change in the pattern of

provincial politics. )adan )ohan )alaviya said that the statue has somewhat a democratic

appearance outwardly but it is absolutely hollow from inside.2

But whatever its limitation, the !ct of 19/0 mar"ed a decisive turning point in India4s

constitutional history. 3arliamentary institutions, even if in a wea"ened form, were the frame

wor" of the new overnmental set up. The operative part of this !ct however remained in

force till 10th !ugust, 197E when it was amended by Independence of India at 197E.



%O&'ITIO& OF B(ITI)* I'+(I& ,nd -O("' -A(

The 8econd World War forced the British overnment to ma"e drastic cuts in consumption.

British (itiAens were placed under enormous strain during this timeGBritish policyma"ers

sub*ected many facets of normal everyday life to cuts and <uotas. In the beginning stages of

the war, reat Britain was bloc"aded by erman C+boats, which created a huge barrier to

trade. !s a result, reat Britain had to find a way to e<ually distribute limited domestic

resources to its populationH the solution to this problem was widespread rationing. In 1976 the

British overnment began to ration foods, a policy that would continue through the end of

the war. The overnment categoriAed different foods into three categories5 the first was

guaranteed rationed food, comprised of rare and scarce items, the second included foods li"e

mil", eggs, fish, fruits, and vegetables whose availability fluctuated, and the third

encompassed staple foods such as bread and potatoes, which remained uncontrolled, a policy

designed to stave off widespread hunger. :vidently British legislators found it necessary to

impose harsh restrictions on wartime food consumption to maintain a successful war effort.

The issue of rationing remained a hot topic among British citiAens during and in the years

immediately following the war. allup polls ta"en in the early post+war years, une 197= to

!pril 1979, indicated that British citiAens considered food rationing one of the most

important domestic issues of the time. For the most part the British people viewed rationing

unfavourablyGa view reflected in the newspapers of the time. !n editorial cartoon by oseph

-ee published in the :vening ews in anuary 1976 depicts this disfavourH -ee illustrates a

common :nglish person in a store as"ing for his ration coupons bac" for confetti.2 This

cartoon demonstrates the widespread frustration with the coupon systemGthe system

controlled so many items that it <uic"ly became common to have more coupons than rations.

With so many items being rationed with the use of coupon boo"s, it too" little time for

citiAens to react negatively. In 197>, it was considered smart to circumvent the law.2 British

citiAens were not pleased with the <uality of their food eitherGa British Institute of 3ublic

pinion poll ta"en in 1977 found that 96 of respondents found their day+to+day food to be

the same or worse than their food before the war. With less food, more red tape, and lower

<uality of goods it is easy to see why rationing clearly created discontent among the British

3eople.



In -ondon, there were vacant bomb+sites, unrepaired houses, temporary prefabs and gardens

turned into allotments. The countryside was peppered with wartime military bases, many now

abandoned, others reactivated in response to the (old War.

British society was still strongly influenced by war. )ost grandfathers had served in the First

World War, most fathers in the 8econd, and most young men were currently called up for two

years of ational 8ervice. Boys mimic"ed the militarism of their elders, using army surplus

e<uipment to fight moc" battles with the ermans. The armed services occupied a far more

prominent role in British life than they do today. There were four times as many servicemen

in the early 1906s as there are today. ! ma*ority of them were conscripts, who were variously

elated, bored or appalled by their e;periences. )any servicemen served abroad, especially in

ermany or the :mpire. E06 soldiers were "illed and many more in*ured or captured during

the orean war of 1906+0/.

In 1906 Britain spent =.= per cent of its 3 on defence5 more than any ma*or country e;cept

the 8oviet Cnion. The ?oyal avy and the ?oyal !ir Force were second in siAe and power

only to the forces of the Cnited 8tates, and in 190> Britain became the world4s third nuclear

power when it detonated an atomic bomb off the coast of !ustralia.

Britain was a militarised country, yet until ctober 1901 it was governed by a -abour partytraditionally opposed to militarism. The massive -abour ma*ority at the 1970 general election

was largely removed at the 1906 election, but support for -abour remained strong. The party

was helped by a high turnout J D7 per cent in 1906 $compared with under E> per cent in

199E% and strong support from the trade unions. Kery low unemployment helped ensure that

over half of all male wor"ers and nearly a <uarter of all women wor"ers were trade unionists.

Let stri"es were illegal until 1901 and the -abour government too" tough action to prevent

any interference with food supplies or e;ports. !t the 1901 general election, the Tories won a

small parliamentary ma*ority, despite the fact that -abour got more votes and its highest ever

proportion of the total vote. The (onservative revival was helped by the collapse of the

-iberal vote, the heating up of the (old War $which increased government e;penditure% and

by growing frustration with the continuation of austerity and controls.

! decade of war and its political and financial legacies had left Britain with a plethora of state

regulations and high ta;ation. 8ome basic commodities li"e butter, meat, tea and coal were

still rationed and although bread was now freely available, the de+rationing of sweets and

chocolates in 1979 had to be abandoned because demand was too great. The continuance of



rationing encouraged people to produce their own food in bac" gardens and allotments J *ust

as they had in the war J or to get food parcels from relatives abroad. There were also severe

shortages of most consumer products, which prompted the continuance of the wartime

@ma"e+do+and+mend4 culture. The standard rate of income ta; was nine shillings in the pound

J more than twice the rate today. (onse<uently most Britons had little surplus money and

even less to spend it on. The austerity and bureaucracy of British post+war life was brilliantly

satirised in eorge rwell4s 1979 novel, Nineteen Eighty-Four .

The combination of war damage and a scarcity of manpower and materials created a serious

urban housing problem. The -abour government wanted to pull down the slums and move

their occupants either to new council flats or out of the cities altogether. The ew Towns !ct

of 197= led to the e;pansion of towns around -ondon, li"e 'arlow, to ta"e the capital4s

overspill population and to the creation of new industrial centres, li"e 3eterlee in county

urham. But the new towns were still in their infancy in 1906, and local authorities lac"ed

the resources to overcome the housing shortage. early half the population lived in private

rented accommodation J often in dingy rooms or bedsits with little privacy, comfort or

warmth. -ess than a third of all houses were owner occupied J half the proportion in the late

twentieth century. The vast ma*ority of buildings were still traditional in character and

construction and were built of bric" or stone. There were virtually no high rise buildings andconcrete was only widely used for military structures. !ll this changed rapidly in the late

1906s and 19=6s.

The -abour government intervened in the running of the economy to an unprecedented

e;tent. It nationalised the coal mines, the railways, the inland waterways, gas and electricity,

the airways, the Ban" of :ngland and the iron and steel industry. By the early 1906s, state

owned industries employed over two million people J most of them in coal or rail. (oal was

still the main source of heating and energy and provided most of the fuel and much of the

freight for the railways. (oal production was hindered by a shortage of miners and

investment, but was twice the level of the mid+19D6s and far greater than today.

!lthough the great ma*ority of British people lived and wor"ed in urban or industrial areas,

most of the land mass of Britain was still predominantly rural and agricultural in character.

Farming was largely mi;ed J both arable and pastoral J and avoided intensive cultivation

methods. Birds and other "inds of wildlife were far more common than today because there

were far more hedgerows and far less use of chemicals. Farmers4 incomes were boosted by

the 197E !griculture !ct which provided subsidies for cereal production and livestoc".



Tractors had largely replaced horses, but most farmers still employed poorly paid agricultural

labourers, many of whom lived in tied cottages. The pictures<ue character of the countryside

J so admired by contemporary guideboo"s J often reflected the poverty of its residents. )any

rural homes lac"ed modern facilities li"e water sanitation, and electricity, while few had

telephones. The isolation of country life encouraged hostility to incomers and mental

depression which sometimes resulted in violence. ?ural areas were also at ris" from bad

weather. In 190> river flooding at -ynmouth led to many deaths and in 190/ a combination of

storms and a high tide inundated the coast of :sse; and :ast !nglia leaving hundreds of

people dead in the worst peacetime disaster in modern Britain.

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