Main characteristics of Government of India Act, 1935:
1. A detailed Act:
The Government of India Act, 1935 was a detailed Act, in which there were 451 Sections and 15 Schedules, but it lacked an introduction. It was the largest Act ever formed by British parliament.
2. Proposal of All – India Federation:
In the Government of India Act, 1935, it was decided that by combining the British provinces and princely states, a federation should be formed at the center. The federation was to be formed by combining 11 British provinces, 6 chief commissionary provinces and those princely states who wished to do so. According to the Act, joining the federation was essential for all British provinces and the states who wished to be included in the federation were to sign an acceptance letter or an admission article.
The units of the federation had the right to self governance in their internal affairs. A federal court was also established to resolve the disputes arising among the units. A federal executive and bicameral legislature was established at the center. But due to unfavorable circumstances, the conditions mentioned could not be fulfilled. The all – India federation could not be established.
3. Establishment of diarchy at the center:
The diarchy system was removed from provinces and implemented at the center. The federal subjects were divided into two parts – reserved and transfer-ed subjects. Peace and safety, religious and foreign affairs, problems and arrangement of tribal areas were included in the reserved subjects. These matters were kept with governor-general. For the governance of transferred subjects, a cabinet of ministers was arranged for the help of governor-general.
4. Provincial autonomy:
The provincial diarchy system was dissolved under the Act of 1935 and provinces were provided autonomy. The entire provincial rule was handed over to the elected ministers.
5. Power division:
Under the Government of India Act, 1935, three fists were formed for the division of power between center and provinces. These fists were federal fist, provincial fist and concurrent fist. 59 subjects of national importance were kept in the federal fist. 54 subjects of provincial importance were kept in the provincial fist and there were 36 subjects in the concurrent fist.
6. The arrangement of Tutelage and Reservation:
The British Government considered that the Indians might commit mistakes in carrying out the responsible governance, so they wanted to make all the arrangements for the safety of the minorities. In the Act, governor-general and governors were given comprehensive rights to interfere in the way of center as well in provinces in different circumstances.
7. Expansion of legislature and an increase in right to vote:
Under this Act, two houses were arranged in the federal legislature, out of which, one was federal assembly and other was council of states. The membership of the federal assembly was fixed at 375 and it was 260 in the states council.
8. Federal court:
To resolve the disputes among the units of federations (center, provinces and princely states), there was an arrangement of federal court in the Act of, 1935. A chief magistrate and two judges were to be appointed in the proposed federal court. The federal court was given fundamental and appeal – related rights. The full and final power was kept with Privy Council situated in London.
9. Supremacy of British parliament:
Under this Act, the federal legislature and provincial executives had no right to make any type of change. All rights related to it were provided to the Privy Council.
10. Dissolving of Indian council:
Indian Council had been working against the interest of India since the very beginning and hence the Indians were demanding its dissolution. So, under the Government of India Act, 1935, this council was dissolved, and instead, some advisers for India secretary were appointed.
11. Burma, Berar and Aden:
Under this Act, Burma was separated from India and Aden was taken out from Indian control. The control of Hyderabad over Aden was accepted only for name, but it was made a part of Central Provinces with administrative point of view.
12. An expansion of communal electorate:
It was clear that the communal electorate was not in the favor of Indian interest, but the British government used the ‘Divide and Rule’ policy and so different communities and groups were given separate representation in the federal legislature and provincial executive under this Act. They also expanded the reservation system to Anglo-Indians, Indian Christians, Europeans and Harijans.
