The act of 1935 was an extensive act. This was the last significant provision implemented by the British in India. There were many reasons for its implementation. The Montague – Chelmsford reforms of 1919 could not satisfy the Indians. The Indian people had opposed the Simon Commission appointed to offer suggestions related to constitutional reforms in Indian.
The civil disobedience movement intensified the anti – British empire sentiments. The Gandhi – Irwin Pact could not provide any solution. The British government published a white paper after the three round table conferences which mentioned the new reforms. After making some amendments in these, the British Parliament passed the Government of India Act in 1935.
The features of the Act of 1935: The main features of the Act of 1935 were as follows:
1. The dyarchy system established in the provinces by the Act of 1919 was abolished. Provinces were accorded full autonomy.
2. Bi – cameral legislatures were established in provinces. Bi-cameral legislatures were set-up in six provinces—Bengal, Madras, Bombay, United Provinces, Assam and Bihar. The Legislative Council was the upper house, while the legislative Assembly was the lower house.
3. Provision was made for an ‘All India Federation’ to be established. This federation was established including the provinces ruled by Governors and native princely states. No declaration could be made in this regard until the stipulated number of native states did not wish for the establishment of the federation.
4. Dyarchy was implemented at the centre.
5. All subjects were divided into three lists. Federal list, provincial list and concurrent list. The subjects of federal list were with the centre. Subjects of provincial list lay with provinces, while the subjects under concurrent list lay with both the centre and the provinces.
6. A federal court was established. Appeals against its decisions could be made in the privy council situated in England.
7. This Act abolished Indian Council established by Act of 1858. In its place, provision was made for appointment of advisors to the Indian secretary.
8. The system of communal electorates was further extended. Electorates for Dalits were also provided on communal basis.
9. Provision was made for a Central Bank which was called the Reserve Bank of India.
10.A Federal Railway Authority was set-up for the control, construction, maintenance and operation of the railways.
11.Burma was separated from India. New provinces of Sindh and Orissa were made (British India comprised of 11 provinces after this).
Responsible governments were set – up in the provinces, but discretionary powers were given to the provincial governors in order to restrict this. The Indian Federation could not be established because of the clause of sufficient stipulated numbers of native states which were needed to join the federation.
When talks were initiated with native states in this regard, they began discussing on such topics and issues which could not possibly be resolved immediately. The federal court too was not the ultimate court. Appeals could be made against it in the privy council of Britain.
A large part of this act became an integral component of the constitution of India. Except for the provision of Indian Federation, all other provisions of this act were put into effect from 1 April 1937. The Congress criticised the Act, but it took part in the provincial elections in 1937 and formed its governments in the provinces.
Formation of the Provincial Governments: The Act of 1935 was implemented in provincial regions from Ist April 1937. Elections were held in the provinces according to it. The Congress won a majority in 6 provincial legislatures-Madras, Bombay, United Provinces, Bihar, Madhya Pradesh and Orrisa. In July 1937, Congress government was formed in 6 out of 11 provinces of British India.
A coalition government of Congress was formed in north frontier province and Assam. A coalition government of Krishak party and Muslim league under Fazalul – Haq was formed in Bengal. In Punjab, government was formed under the leadership of Hayat Khan of the Unionist party.
Congress formed its government in 8 out of the 11 provinces. Noncongress ministerial councils were formed in only three provinces – Bengal, Punjab and Sindh. Muslim league’s performance remained dismal even in Muslim electorate regions.
