Q) Explain the salient features of the GOI Act, 1935.

Which
provision of this act was not implemented and why?

Ans) Introduction

Government of India Act 1935 was passed by British Parliament in

Government of India act, 1935

After the rejection of the demand for a Dominion Status, the 1929 Lahore
Session of the Congress adopted a resolution on Purna Swaraj. A Civil
Disobedience Movement began with a call to break the Salt Tax Law. The
government decided to hold a Round Table Conference in London in
November 1930 to consider constitutional reforms. After three Round Table
conferences, the British Government published a White Paper in March 1933
containing an outline of a new constitution. The British Parliament constituted
a Joint Committee of the two Houses to further consider the Government’s
scheme formulated in the White Paper. The Joint Committee submitted its
report in November 1934 and on the basis of the Report a bill was prepared
which was introduced in the British Parliament on December 19, 1934. After its
having been passed, it became the Government of India Act, 1935.

Salient features of the GOI Act, 1935

(a) This Act was a detailed and complicated document consisting of 321
sections and 10 schedules.
(b) The Act provided for the establishment of a federal form of government in
place of the prevailing unitary one. The proposed federation was to consist to
consist of the British Indian Provinces and the Princely States. Though the
scheme consisted of some of the essential features of a federation like a
written constitution, a scheme for the distribution of powers between the
federal government and the units, a federal court to settle the disputes
between the Centre and the States, it had certain peculiar features which
made it a unique one among the federations.
(c) A clear division of powers was made between the Centre and Provinces, or
the constituent units. The Act provided three lists, namely, the Federal list,
Provincial list and Concurrent list. There was provision for residuary subjects
also.
(d) The Act introduced the system of diarchy at the Centre. It divided the
federal subjects into two categories, viz., reserved and transferred. The
reserved subjects (like defence, external affairs, and ecclesiastical affairs) were
to be administered by the Governor- General in his discretion with the help of
Councillors appointed by him. The transferred subjects on the other hand were
to be administered by the Governor- General on the advice of the Council of
Ministers, which was responsible to the Legislature. However, the Governor-
General could act contrary to the advice of the Ministers, if he thought it
necessary to do so.
(e) Provincial autonomy was the most important features of the Act. It divided
the legislative powers between the provincial and central legislatures and
provinces were to be treated as autonomous units of administration rather
than as delegates of the central government. The executive authority of the
province was henceforth to be exercised by the Governor on behalf of the
Crown and not as subordinate of the Governor- General. The Governor was
expected to act on the advice of the ministers who were responsible to the
legislature.
(f) The Act introduced a bicameral legislature at the Centre. It consisted of two
houses, namely, Federal Assembly and Council of States. The Federal Assembly
was to consist of 375 and the Council of States was to consist of 260 members.
The two Houses were given co- equal powers even though the money bills
could originate only in Federal Assembly. The Upper house could amend or
reject a money bill. The Governor- General could veto measures passed by the
federal legislature.
(g) The Act provided for a Federal Court consisting of a Chief Justice and six
other judges. The Court was given original as well as appellate jurisdiction.
However the Court was not supreme in so far as appeals against its decisions
could be taken to the Judicial Committee of the Privy Council.
(h) India Council was abolished and instead Secretary of State could appoint
not less than 3 and not more than 6 members for advice.
(i) The Act Separated Burma from India and two new provinces Orissa and Sind
were created.
(j) The Act also provided for a Public Service Commission for the Federal
Government and one for each province.

The Working of the Act

The British government sent out Lord Linlithgow as the new viceroy with the
remit of bringing the Act into effect. Linlithgow was intelligent, extremely hard
working, honest, serious and determined to make a success out of the Act.
However, he was also unimaginative, stolid, legalistic and found it very difficult
to "get on terms" with people outside his immediate circle.
In 1937, after the holding of provincial elections, Provincial Autonomy
commenced. From that point until the declaration of war in 1939, Linlithgow
tirelessly tried to get enough of the Princes to accede to launch the Federation.
In this he received only the weakest backing from the Home Government and
in the end the Princes rejected the Federation en masse. In September 1939,
Linlithgow simply declared that India was at war with Germany. Though
Linlithgow's behaviour was constitutionally correct it was also offensive too
much of Indian opinion that the Viceroy had not consulted the elected
representatives of the Indian people before taking such a momentous decision.
This led directly to the resignation of the Congress provincial ministries.

Critical Estimate

The Act was bitterly criticised by various sections of Indian society. Jawaharlal
Nehru described it as ‘a new charter of bondage’. M.A. Jinnah of Muslim
League described it as “thoroughly rotten, fundamentally bad and totally
unacceptable.” However, the Act occupies a very important position in the
constitutional history of India. After centuries, the Indians got an opportunity
for assuming some responsibility in running the administration of their
country. Popular Ministries were formed in the Provinces by elected
representatives responsible to the Legislatures. It must be admitted that the
Ministries in the Provinces functioned with remarkable success. The popular
Ministries lasted only two years. All the Congress Ministries resigned in 1939 in
protest to India being made a party to the Second World War without
consulting the legislatures in India.
Conclusion

The Government of India Act 1935 was one of the most important events in
the history of India. As a result of several previous Governments of India Act
and Round Table Conferences, the Government of India Act 1935 was finally
introduced. It changed the Federation of India in the aspects of the structure of
government, legislation, and so on. It granted Indian provinces autonomy and
provided for establishment of India Federation. Direct elections were
introduced and the right to vote was increased. The Government of India Act
1935 established a foothold toward the modern India. The Government of
India Act 1935 is important because it is one of the foundation stones of the
current Republic of India.