Introduction
By the early 1930s, the British Empire was facing increased resistance from Indian nationalists, demands from various interest groups, and pressure to devolve power. After the Round Table Conferences failed to yield consensus, the British unilaterally drafted and passed the Government of India Act, 1935 in the British Parliament.
This act was meant to serve as a comprehensive constitution for British India, replacing the Government of India Act of 1919, and was designed to appease all stakeholders—the Congress, Muslim League, Princes, and the British government itself.
1. Background
Key Influences:
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Simon Commission Report (1929) – Suggested further reforms.
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Round Table Conferences (1930–32) – Exposed divisions among Indian leaders.
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Communal Award (1932) – Deepened the issue of separate electorates.
The British White Paper (1933) proposed a federal structure, which eventually culminated in the 1935 Act.
2. Key Features of the Government of India Act, 1935
1. All-India Federation
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Proposed a federation of:
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British Indian provinces and
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Princely states (voluntary entry).
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However, princely states never joined, so the federation never materialized.
2. Division of Powers
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Introduced a three-tier legislative structure:
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Federal List (59 subjects) – Central government.
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Provincial List (54 subjects) – Provincial governments.
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Concurrent List (36 subjects) – Both.
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This was the first time a structured distribution of powers was laid out, which the Indian Constitution later retained and refined.
3. Provincial Autonomy
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Provinces were granted autonomous powers.
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Diarchy at the provincial level was abolished (unlike in 1919).
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Elected ministers now had control over all provincial departments.
4. Diarchy at the Centre
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Ironically, while provinces gained autonomy, the centre was placed under diarchy:
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Reserved subjects like defense and foreign affairs remained under the Governor-General.
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Transferred subjects were to be administered by a council of ministers.
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Ultimately, the Governor-General had overriding powers, nullifying real autonomy.
5. Bicameral Federal Legislature
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Introduced a bicameral federal legislature:
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Council of State (Upper House).
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Federal Assembly (Lower House).
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But since the federation was never formed, this central legislature remained theoretical.
6. Separate Electorates and Communal Representation
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Continued and even expanded separate electorates:
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For Muslims, Sikhs, Europeans, Anglo-Indians, Indian Christians, and Depressed Classes.
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These provisions deepened communal divisions.
7. Franchise (Voting Rights)
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Only 14% of Indians got the right to vote—based on property, tax, or education.
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Universal adult suffrage was not introduced.
8. Federal Court
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Established the Federal Court of India in 1937, precursor to today’s Supreme Court.
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Jurisdiction over:
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Federal law disputes,
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Provincial conflicts,
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Appeals from High Courts.
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9. Establishment of Reserve Bank of India (RBI)
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RBI was created under this Act in 1935, to regulate currency and credit.
3. Working and Implementation
What Was Implemented:
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Provincial autonomy began in 1937.
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Congress ministries came to power in several provinces.
What Failed:
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The All-India Federation was never realized.
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The central diarchy structure was never truly functional.
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World War II halted any meaningful continuation or reforms.
4. Reactions to the Act
Indian National Congress:
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Criticized the Act for being regressive and autocratic.
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Called it a “slave constitution”, as the British Governor-General retained ultimate authority.
Muslim League:
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Supported separate electorates.
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Saw it as a way to ensure Muslim political identity.
British View:
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Considered it a compromise formula to gradually prepare India for self-rule.
5. Impact and Legacy
Positive Legacy | Negative Impact |
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Established provincial autonomy, used by Congress to show administrative capability. | Retained ultimate British control through the Governor-General and Viceroy. |
Laid groundwork for distribution of powers, influencing India's Constitution. | Separate electorates sowed seeds of religious division and Partition. |
Introduced institutions like Federal Court and RBI. | Denied universal adult suffrage and continued discriminatory voting practices. |
6. Events After the Act
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1937 Elections were held under this Act; Congress formed governments in 7 out of 11 provinces.
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Congress ministries resigned in 1939, protesting British unilateral decision to involve India in World War II.
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This created a political vacuum, filled by the Muslim League, further strengthening the demand for Pakistan.
7. Influence on the Indian Constitution
The Government of India Act, 1935 served as a template for many aspects of the Constitution of independent India (1950):
Provision in 1935 Act | Adopted in Indian Constitution |
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Federal structure | ✔ Yes, modified |
Provincial autonomy | ✔ Yes |
Three lists – Federal, Provincial, Concurrent | ✔ Continued |
Federal Court | ✔ Became Supreme Court |
Public Service Commissions | ✔ Retained |
Reserve Bank | ✔ Continued (until nationalization in 1949) |
🧠 Around 250 of the 395 articles in the original Indian Constitution were influenced by this Act.
Conclusion
The Government of India Act, 1935 was the last major constitutional reform before India gained independence. Though it failed to satisfy nationalist aspirations, it had a lasting impact on India’s political architecture. It marked a transition from complete colonial rule to limited self-governance, setting the stage for India’s eventual freedom.
While marred by imperial intent and communal divisions, it provided the institutional scaffolding for a democratic India. In many ways, it was a bridge between bondage and freedom—between foreign governance and the aspiration for a sovereign republic.