The act divided the powers between the Centre and provinces in terms of three list-Federal List for Centre, with 59 items , Provincial List for Provinces, with 54 items , and Concurrent list for both, with 36 items. . Thereafter with the commencement of the Constitution of India in 1950, the Supreme Court has been established and is serving as the Apex Court for all purposes in India. Gandhi agreed to attend the Second Round Table Conference as the sole representative of the. Holding India to the Empire: The British Conservative Party and the 1935 Constitution. Governors still acted as pivots of provincial administration.
Those elections initiated the penultimate phase of , but any chance that the act might evolve into a working plan for a united India was interrupted by the advent of. However, Indian politicians were quick to note that provincial authorities retained the technical ability to act independently of their largely Indian legislatures in certain cases. Establishment of Federal Court The Government of India Act, 1935 provided for the establishment of Federal Court to interpret the Act and adjudicate disputes relating to the federal matters. It also provided for transfer of all cases filed before Privy Council to the Federal Court in India. One part was central and the other part was the provincial. Federal List : Provincial List: Concurrent List:Federal Government was authorized to pass law on thesubjects given in their list.
Moreover, the executive authority of a Province was also exercised by a Governor on behalf of the Crown and not as a subordinate, to the Governor-General. No change was effected in the actual administration of the country. The funding for the British responsibilities and foreign obligations e. Article shared by The British Crown assumed sovereignty over India from the East India Company, which was to be exercised by the Secretary of State for India, assisted by the Council of India 15 members, exclusively English in composition which was primarily an advisory body. This was seen in India as yet more mixed messages from the British, suggesting at best a lukewarm attitude towards satisfying Indian desires.
First, the Provincial Governments were wholly, responsible to the provincial legislatures and secondly, provinces, were free from outside control and interference in a large number of matters. Provincial Autonomy: As in the case of the Federation the Executive authority of a province was vested in a Governor appointed to represent the crown in the province. The Federal Legislature: The Federal Legislature was constituted of two Houses, the Council of State and the Federal Assembly. Representatives of Princely states The distribution of the seats among states was on their relative importance and not population. The Non-Cooperation Movement launched by Gandhi had fanned the fire of this discontentment. Further, the seats which were reserved for Hindus, Muslims and Sikhs had to be filled via direct election while those reserved for Europeans, Anglo-Indians, Indian Christians and Depressed Classes were to be filled by Indirect election. Another significant feature of the 1935 act was the proposal for a federation of British and princely India.
His control, however, remained intact over the powers of Governor General and Governors. The Government of India Act 1935 also provided a new Burma Office, in preparation for the establishment of Burma as a separate colony, but the same Secretary of State headed both Departments and was styled the Secretary of State for India and Burma. In certain cases the appeals could be made to the Privy Council in England. The electoral procedure was governed by the Communal award of the British Government as modified by the Poona Pact in respect of Scheduled Castes. In 1935, Burma Act was passed and separation of Burma actually took place in 1937. They were imposed either on the exercise of powers by the Government of India on of the states.
This, in fact, allowed the governors a more untrammeled control than any British official had enjoyed in the history of the Raj. In actual practice, this Act did not create scope for the self-experience of the Indian Legislators as they enjoyed only limited powers. The other part of the budget that consisted of 20% of the whole budget could be discussed or amended in the Federal Assembly. Yet, the act retained key provisions for a British veto of important legislation, and more repulsive, from the standpoint of Congress, was its retention of the Communal Award and separate electorate system. Before sharing your knowledge on this site, please read the following pages: 1. The idea was to assure the British Stakeholders of the railways that their investment was safe. But the so-called provisions in the Act relating to safeguards were merely a trick to empower the Governor Generaland the Governors to override the ministers and the legislators.
It was permissible to combine the office of Governor-General and Crown Representative in the same person. Thus, this system of Diarchy was fully introduced in the Centre. Further Governor-General retained special control Special Responsibility over the other subjects transferred to the elected members and was to act under the control and directions of the Secretary of State. In case of emergency situation both Governor-General and Governors enjoyed unlimited powers and their authority could not be challenged in any institution. Federal Legislature The bicameral federal legislature would be consisted of two houses viz.
The Congress rejected the Act because the Indian people were not consulted in its enactment and thus not being representative of their will. The ministers held office so long as they enjoyed the pleasure of the Governor. His seven special responsibilities included: a Prevention of grave menace to peace and tranquility. Nevertheless, all Indian political parties contested elections when the act without its federal plan went into operation in 1937. The Government of India Act 1919 was an act of the British Parliament that sought to increase the participation of Indians in the administration of their country. Thus, contrary to their official position that the British would look favorably on the democratization of the Princely States, their plan required that the States remain autocratic. It envisaged an administrative set-up for India such as : 1.
The Act not only enlarged the size of legislature, it also extended the franchise i. Everything is done in the name of the King but does the King ever interfere? The other parts of the Act, particularly provincial Autonomy, came into force on 1st April 1937. He thought that Congress was moving towards acceptance of Federation. Framers of the act envisioned an elected council of state and a federal assembly. The Act showed the strength and cohesion of Congress and probably strengthened it. The Governor General by his special powers and responsibilities could dominate the ministers.
Besides these main provisions, it also contained the provisions of the formation of the provinces of Sindh and Orissa, separate and communal electorate system with reduction of the qualification of voters; separation of Burma and Aden from India and so on. With 321 sections and 10 schedules, this was the longest act passed by British Parliament so far and was later split into two parts viz. Residuary powers were given to the Viceroy. Provincial governments could borrow money on their own security. Factbox: Abolition of Privy Council We note here that India retained the right of appeal from the Federal Court to the Privy Council even after the establishment of the Dominion of India.