Government Of India Act 1935
The Government of India Act was passed by the British Parliament in August 1935. Its main provisions were as follows:
- An All India Federation which was to comprise all British Indian provinces, all chief commissioner’s provinces and the Indian states (princely states). The federation’s formation was conditional on the fulfillment of some conditions which were not fulfilled and the proposed federation never came up.
- At the Federal Level:
> The governor-general was the pivot of the entire Constitution.
> It provided for the adoption of diarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.
> The bicameral legislature was to have an upper house (Council of States) and a lower house (Federal Assembly). Oddly enough, election to the Council of States was direct and that to the Federal Assembly, indirect.
> Council of States was to be a permanent body with one-third members retiring every third year. The duration of the assembly was to be 5 years.
> The three lists for legislation purposes were to be federal, provincial and concurrent.
> Governor-general had residuary powers. He could restore cuts in grants, certify bills rejected by the legislature, issue ordinances and exercise his veto.
- At Provincial Level:
> Provincial Autonomy replaced diarchy. Provinces henceforth derived their legal authority directly from the British Crown and were freed from “the superintendence, direction” of the secretary of state and governor-general.
> Provinces were given independent financial powers and resources.
> Provincial legislature could legislate on subjects in provincial and concurrent lists.
> Ministers were made answerable to and removable by the adverse vote of the legislature.
> All members were to be directly elected. Franchise was extended; women got the right on the same basis as men.
> It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house).