State briefly the salient features of Government of India Act, 1935. What were its main defects?

Question: State briefly the salient features of Government of India Act, 1935. What were its main defects? [BJS 1991]

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Answer

The Government of India Act of 1935 marked the second milestone towards a completely responsible government in the country. The act ended Dyarchy, provided the establishment of the All India Federation, and served some useful purposes through the experiment of provincial autonomy.

Some of the salient features of Government of India Act, 1935 are briefly discussed below:

1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.
2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
3. It provided for the adoption of dyarchy 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.
4. 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). However, many restrictions were placed on them.
5. It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).
6. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
7. It provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
8. It extended the franchise. About 10 per cent of the total population got the voting right

Following are the main defects of the 1935 Act:

• The Government of India Act of 1935 was one of the longest Act, under the ‘British Act of Parliament’ but it did not make any reference of dominion status of India.
• The autonomy introduced at the provincial level was restricted and limited.
• There was no mention of the Independence of India and the British kept all the controls of the government with them.
• Indians had limited right to vote with separate communal electorates.
• The British Authorities retained the right to suspend an elected government.
• The provincial governors retained important powers ahead of elected representatives.

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