Gov of India Act 1935

The Gov Government ernment of India Act, 1935: A Detai Detailed led Study History 2nd Semester Seminar Gautam Jayasurya Roll no: 339

The Genesis of o f the Act

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Government of India Act 1858 1858 Government of India Act 1909 1909 Government of India Act 1919 1919 Simon Commission

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Round Table Conferences (India)

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The road road to Constitutionalism Constitu tionalism y

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Introduced and passed during the interwar period (1918²1939) Introduction of white paper in the British parliament. Parliament authorizes a committee chaired by Lord Linlithgow to look into the matter.

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Submission of committee report in 1934.

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The Royal assent in 4th august, 1935.

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The last pre-independence constitution of India.

An overview y

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1. 2. 3. 4. y

1. 2. 3.

A milestone in shaping and moulding the new constitution of India in 1950. The longest bill ever passed by British Parliament. Product of 4 diverse forces. Indian nationalism British imperialism Indian communalism Indian princes Policy changes Introduction of a federal form of government. Envisaged an All India Federation to which wh ich native Indian states were to accede. Established provincial autonomy.

The main featur features es of the Act y

Option for states to join

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Division of power

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Dyarchy Dyarchy at the centre; granted provincial provincial autonomy

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Bicameral federal legislature

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Restricted legislature·s power

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Nominal Autonom Autono my

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Indian council of secretary secretary of o f state

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Establishment of federal court

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Governor-General Governor-General was made Supreme Head of the state

Features contd. y

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Direct elections electio ns are are introduced for fo r the first time. t ime. The right to vote was increased from seven seven million to thirtyfive million. Introduction of the English doctrine of precedent in India Sind is separated from Bombay. Orissa is separated from Bihar. Bihar. Burma is separated sepa rated from f rom India. India . More elected Indian representatives in Provincial assemblies who in turn could lead majorities and form government. Governors retained discretionary powers regarding summoning of legislatures, giving assent to bills and administering certain special regions (mostly tribal). Matta prasad V. nageshwar Sahai AIR PC 272

The Government of India Act on High courts y

Number of judges

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Removal of judges

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Qualification

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 Jurisdiction

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Salaries

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Administrative control

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Appeals

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High court at Nagpur

The federal court of India y

The Gour resolution ( 26th march 1921)

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B.R Puri resolution (1931-32)

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Duties of the federal court:

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Interpreter and the guardian of the constitution.

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Tribunal for the determination of the disputes which arises between constituent units and the federation or amongst the constituent units inter se.

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1st October 1937, federal court was inaugurated.

 Jurisdiction of the federal court y

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Section 204: jurisdiction was confined to disputes between units of the dominion or between the dominion and any of the units. Sec 205: Appeal to the federal court from any judgment decree or final order order of a high court if the high h igh court certifies it. Sec 207: Appeals from the high court regarding constitutional issues. Sec 213: Power of the federal court to give advisory opinion to the governor general. Sec 215: Power of the federal legislature to make provision provision for conferring upon the federal court cour t such supplementary powers which is not inconsistent incon sistent with any of the acts.

Defects of the establishment of  federal court y

Very limited jurisdiction

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Appeals were even allowed to privy council

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Only a restricted restricted category of o f cases in which a question of constitutional law law was involved involved was forwarded to federal court. The courts was not n ot authorised to enforce its own decisions directly directly but with the aid of civil and judicial authorities through out the federation. No appeals was allowed without the certificate from British and state high courts.

Defects: Britis British h Political Needs vs. Indian Constitutional Needs y

The Bill, like most modern Bills, contains no Preamble.

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Dyarchy at the centre

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Option for the states

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Privileged position for the states

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Communal award

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Discretionary powers

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Mistrust of Indians

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No Bill of Rights

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The federal part par t of the Act was never never introduced due to strong opposition from the princely state rulers. The Act denied Indians the right to draft, or modify, their own constitution.

Developments Dev elopments after aft er 1935 y

In 1937 the first set of elections under this act were held.

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The impact of second world war

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The august offer

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The privy council (Abolition of jurisdiction) Act, 1949

Conclusion y

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The federal court established in India during the short shor t period of a little more than twelve years, it left a permanent mark in the legal history of India. In the era when there was no written constitution, the Government of India Act came up as a product of  constitutional curiosity.