Government of India Act 1935

The Government of India Act 1935 was the most extensive constitutional statute ever enacted by the British Parliament for British India, introducing a formal federal framework, provincial autonomy, and a federal judiciary. Passed on 2 August 1935 and largely brought into force on 1 April 1937, the Act contained 246 sections and 12 schedules, and it established the Federal Court of India—precursors of many institutions that survived the transition to independence.

Historical Background

The 1919 Act’s “diarchy” at the centre had proved unsatisfactory to Indian nationalists, whose demands intensified after World War I and the 1919 Jallianwala Bagh massacre. The Simon Commission of 1927, followed by three Round‑Table Conferences (1930‑32), produced a consensus that a more responsible government was required. Lord Simon’s recommendations were incorporated into the 1935 legislation, which the British Parliament approved after a protracted debate over the balance of power between the Crown and Indian representatives. By the time the Act received Royal Assent, the Indian National Congress had emerged as the dominant political force, while the princely states remained wary of ceding sovereignty to a federal body.

Key Provisions

Section 1 defined a federation comprising the British Indian provinces and any princely state that chose to accede; however, only a handful of states signed the Instrument of Accession, so the federal tier never fully materialised. Schedules III, IV, and V listed Union, Provincial, and Residual subjects respectively, creating a clear division of legislative competence. The central legislature became bicameral: the Council of State (upper house) with up to 260 members and the Legislative Assembly (lower house) with 145 members, both meeting in New Delhi. The Governor‑General, appointed by the Crown, retained a veto and could dissolve either house on advice of the Viceroy’s Executive Council, which consisted of seven members (including the Viceroy).

Provincial autonomy was a cornerstone: each province obtained a Legislative Assembly elected by a mixed franchise—30 % of seats were filled by direct adult suffrage, while the remainder were allocated to special constituencies such as landholders, universities, and communal electorates (Muslims, Sikhs, Europeans, and Anglo‑Indians). The Act also introduced a Federal Court under Section 108, endowed with original jurisdiction over disputes between the Centre, provinces, and the Crown, and appellate jurisdiction over High Courts.

How It Worked

When the Act took effect, provincial elections were held in early 1937. The Indian National Congress won majorities in Madras, Bombay, United Provincies, and the Central Provinces, forming ministries that were responsible to their respective assemblies—a first experience of responsible government for many Indian politicians. The Governor‑General’s Executive Council, however, retained control over defence, external affairs, and communications, and could intervene under the “emergency” provisions of Section 93.

At the centre, the Council of State functioned largely as a revising chamber, while the Legislative Assembly introduced bills on finance and social policy. The Federal Court, inaugurated on 1 October 1937, adjudicated early cases on the interpretation of Union and Provincial lists, establishing precedents for judicial review that were later adopted by the Supreme Court of India. The Act’s mixed franchise and separate electorates meant that communal representation persisted, a feature that would later be abolished in the post‑independence constitution.

India’s Journey

The Act’s federal scheme collapsed when the princely states refused to join; consequently, the Union List remained largely dormant. Nevertheless, the experience of provincial self‑government from 1937