Before Govt Act 1935
Laws were passed in 1861, 1892, 1909, 1919, and 1935 by British rule to satisfy the Indian public, but these reforms never satisfied the Indian public. So the new act govt act 1935 was brought.
The Indian Government / Government Act of 1935 (Government of India Act, 1935) has been a major source of the Indian Constitution.
The effect of this Act can be clearly seen in the content and language of the present Constitution of India.
The system in relation to the division of power between the Union and the States and the crisis rights of the President is similar to the Act of 1935.
Indian Government / Government Act of 1935
1) An All India Union will be established in which, apart from the provinces of British India, the kingdoms of the country will also be included.
2) Provinces will be given the right to self-government. All the subjects of governance were divided into three parts in Govt act 1935-
a. Federal subjects, which were subject to the center;
b. Provincial subjects, which were entirely under the provinces; And
c. Concurrent subjects, which were subject to the center and the province.
But it was decided that in case of opposition between the Center and the provinces, the law of the Center would be accepted.
In provincial subjects, provinces had the right to self-government, and responsible governance was established in the provinces, that is, governors would act on the advice of Indian ministers responsible for the assembly.
For this reason, it is said that provincial autonomy was established by this law.
3) Dual-government / diarchy was arranged for the central or state government, as was done in the provinces under the 1919 AD law.
4) A federal court was established under the Indian Government Act, 1935.
5) A Central Bank (Reserve Bank of India) was established.
6) Burma and Aden were separated from the rule of India.
7) Two new recruits of Sindh and Orissa were created and the North-Western Frontier Province was placed under the Governor.
8) The Governor-General and Governors were given certain special responsibilities such as protection of the English state in India, peace, protection of the honor of British emperor and native kings, protection from foreign invasion, etc.
9) This law also used the communalism system in elections, but the ability to vote was reduced for both the Center and the province, resulting in an increase of 13% of the electorate, while under the 1919 law. It was only 3%.
It is necessary to consider in detail some important changes of the Government of India Act 1935 because the framework of the new constitution of India was prepared by this law to a large extent.
Main provisions of the Government of India Act of 1935
The Government of India Act of 1935 was very long and complex. The Act had 451 sections and 15 appendices.
The basic reason for the act is so long and complicated was that on the one hand, due to the increasing nationality in India, adequate transfer of power to the people of India became necessary, on the other hand, the British government was responsible for the transfer of power as well as protecting their interests. Wanted to make complete arrangements.
The assistance of the following mosques was taken for this 1935 act –
- Simon Commission Report
- 14 sources of all party congress (Nehru committee) report and Jinnah
- Debates in the three round table congresses
- White papers
- Joint Select Committee Report
- Lothian report which details election-related provisions. There are three main parts of this act –
1. All India Union
2. Responsible government with protections
3. Separate representation for different public and other categories
Jawaharlal Nehru had said in relation to this act that “this 1935 act is a manifesto of slavery“.
In fact, it was an act that instead of giving power to Indians, the entire power was placed in the hands of the British.
In this, the outline of the proposed union has been made in such a way that the real development of any kind becomes impossible.
The All India Union which was proposed in the Act of 1935, although it contained all the basic features of the Union like division of powers, written and rigid constitution, and establishment of impartial judicial power, it also had some serious defects in it.
Circumstances in Govt Act 1935:-
The reason could not be acceptable. In terms of size, population, importance, and political system in the Sangh, an attempt was made to combine different types of units.
The Indian administrator did not have the authority to amend the legislation and even more objectionable was that the residuary powers were with the governor.
All the members of the provincial administration were elected and the executive was made responsible to the administrator. The franchise was also expanded.
But in reality, it was all just an illusion. Due to the wide and special responsibilities of the Governor-General and Governors, the provincial self-government had become a joke.
The real axis of the provincial rule was not the chief minister but the governor appointed by the emperor and his representative was the governor.
For the above reasons, Pandit Jawaharlal Nehru called it the “uncharacteristic, undemocratic and unscrupulous” constitution and termed this act as “a machine with multiple brakes but without an engine”. Bengal Chief Minister Fazal-ul-Haq said, “It is neither Hindu Raj nor Muslim Raj”.
Although it became very clear that the communal electoral system is detrimental to India and condemned it with one voice, it was not only upheld but also expanded.
In this act, there was no arrangement for the new constitution to be developed or for Indians to decide their fate.
The Act was enacted by the British Parliament and the British Parliament was also the deciding factor for India’s further progress.
By the Act of 1935, there was no reduction in the control of the British Parliament or the Minister of India on India.
Mr. Attlee rightly said that “There is no program of political progress of India’s future in the Govt Act 1935″.
The govt act 1935 was also the same act as other all acts before, to fool Indians and just rule on our motherland. But this act gave some points as RBI and Federal Court.