22. GOVERNMENT OF INDIA ACT, 1935

Background: Based on the Simon Commission Report (1930), the three Round Table Conferences (1930–32), the White Paper (1933), and reports of Joint Select Committees of British Parliament. Longest Act of British Parliament at the time (321 Sections and 10 Schedules). Often called a "charter of slavery" by Indian nationalists (Jawaharlal Nehru), yet it became the basis of the Constitution of India, 1950 (many provisions borrowed directly).

Key Provisions

1. All-India Federation:

• Proposed an All-India Federation comprising British Indian provinces and princely states as units — the federation was to include Governors' Provinces, Chief Commissioners' Provinces, and Princely States as units, with subjects divided into Federal, Provincial, and Concurrent Lists (three lists) — this scheme never actually came into operation because it required accession by a specified number of princely states, which never happened; hence the federal part remained unimplemented, and the Governor-General's centralized authority continued.

2. Provincial Autonomy:

• Abolished dyarchy in the provinces (introduced by 1919 Act) and introduced "Provincial Autonomy" — provinces became autonomous administrative units, administered by Governors with the aid of ministers responsible to the provincial legislature.
• Provinces given separate legal identity; direct administration under British Crown's representative (Governor), but with Indian ministers actually running the government.
• Introduced Dyarchy at the CENTRE instead (federal subjects divided into "Reserved" — administered by Governor-General with Executive Councillors — and "Transferred" — administered with the aid of ministers responsible to the legislature) — since the federation never came into force, central dyarchy also never actually operated.

3. Bicameralism:

• Provided for bicameral legislatures in 6 out of 11 provinces (Bengal, Bombay, Madras, Bihar, Assam, United Provinces) — Legislative Council (Upper) + Legislative Assembly (Lower).
• Retained bicameral legislature at the Centre: Federal Assembly (Lower House) and Council of States (Upper House) — though the federal part never came into force.

4. Extension of Franchise:

• Extended franchise — about 10% of the total population got the right to vote (up from about 3% under the 1919 Act) — introduced direct elections.

5. Separate Electorates:

• Further extended separate electorates — now covering Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and (via the Communal Award incorporated into the Act) the Depressed Classes.

6. Federal Court:

• Established a Federal Court at Delhi (1937) — precursor of the Supreme Court of India — with original and appellate jurisdiction, to adjudicate disputes between provinces/federal units and interpret the Act.
• First Chief Justice of the Federal Court: Sir Maurice Gwyer.

7. Reserve Bank of India:

• Provided the basis for/led to the establishment of the Reserve Bank of India (RBI), 1935 to control currency and credit (though RBI itself established via a separate RBI Act, 1934, RBI began operations 1 April 1935).

8. Provincial Public Service Commissions:

• Provided for Provincial Public Service Commissions and a Federal Public Service Commission.

9. Abolition of Council of India:

• Abolished the Council of India (that had assisted the Secretary of State since 1858) — Secretary of State to be assisted instead by a team of advisors.

10. New Provinces:

• Provided for separation of Burma from India (Burma separated in 1937) and creation of the provinces of Sind (separated from Bombay Presidency) and Orissa (separated from Bihar).
• NWFP (North-West Frontier Province) given the same status as other Governors' provinces.

11. Emergency Powers:

• Governor-General/Governors retained special/discretionary "reserved powers" (emergency powers, control over defence, foreign affairs, minorities, etc.) even under provincial autonomy — meaning "autonomy" was not truly complete; Governor could suspend ministries and assume all powers.

Why the Federal Scheme Failed

• Accession to the federation by princely states was voluntary, not compulsory — the Act required states contributing not less than half the total number of states and not less than half the aggregate population of princely India to accede before the federal provisions could be brought into force.
• Most princely rulers were apprehensive of loss of autonomy, of democratic pressures spilling into their states, and of the financial/administrative obligations of federation; the required threshold of accessions was never reached.
• Consequently, only the provincial autonomy part of the Act was implemented (from 1937); the federal part, including central dyarchy, remained a dead letter throughout the remaining years of British rule, and the Governor-General continued to exercise centralized authority over the "federal" (i.e., still effectively central/unitary) government exactly as before.

Elections under 1935 Act (1937 Provincial Elections)

• First elections under the Act held in 1937; Indian National Congress won a majority in 8 out of 11 provinces and formed governments (Congress ministries resigned in 1939 in protest against India being dragged into World War II without consultation).

Significance/Impact

• Most detailed and comprehensive constitutional document before Independence; provided the skeleton/basic structure that independent India's Constitution largely built upon — federal scheme, provincial list division, Governor's role, emergency provisions, Public Service Commissions, etc. all trace roots to this Act.
• Ended dyarchy in provinces (provincial autonomy introduced); shifted dyarchy conceptually to the Centre (unimplemented since federation never began).
• Federal scheme was a failure in practice — princely states refused to join.
• Federal Court established (1937) — direct forerunner of Supreme Court of India (1950).
• Jawaharlal Nehru famously described it as "a charter of slavery," "a new machine with strong brakes but no engine."

Key Facts / Quick Revision Points

• Year: 1935
• Abolished dyarchy in provinces; introduced Provincial Autonomy
• Introduced (unimplemented) dyarchy at the Centre
• All-India Federation proposed but never came into force
• Federal Court established at Delhi, 1937 — first CJ: Sir Maurice Gwyer
• Basis of the Indian Constitution, 1950 (most provisions borrowed)
• Burma separated from India (1937); Sind & Orissa made separate provinces
• 1937 elections: Congress won majority in 8 of 11 provinces
• Franchise extended to about 10% of population

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PART F: FINAL PHASE — TOWARDS INDEPENDENCE (1940–1947)

(Background note: World War II (1939–45) transformed the political landscape. Congress ministries in the provinces resigned in October 1939 protesting India's inclusion in the war without consultation; the Quit India Movement (1942) demanded immediate British withdrawal; and Britain's own post-war weakening, combined with the Labour Party's 1945 election victory under Clement Attlee — who was more sympathetic to Indian self-rule than Churchill's Conservatives — accelerated the final transfer of power. The sequence below (August Offer → Cripps Mission → Wavell Plan → Cabinet Mission → Mountbatten Plan → Indian Independence Act) is one of the most frequently sequenced/ordered sets of events in SSC/RRB history questions.)