The Government of India The Government of India Act, 1935: A Detailed Act, 1935: A Detailed StudyStudy

History 2nd Semester SeminarGautam Jayasurya

Roll no: 339

The Genesis of the ActThe Genesis of the Act

Government of India Act 1858Government of India Act 1909Government of India Act 1919Simon CommissionRound Table Conferences (India)

The road to The road to Constitutionalism Constitutionalism Introduced and passed during the interwar

period (1918–1939) Introduction of white paper in the British

parliament.Parliament authorizes a committee chaired

by Lord Linlithgow to look into the matter.Submission of committee report in 1934.The Royal assent in 4th august, 1935.The last pre-independence constitution of

India.

An overviewAn overview 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.1. Indian nationalism 2. British imperialism 3. Indian communalism4. Indian princes Policy changes1. Introduction of a federal form of

government.2. Envisaged an All India Federation to which

native Indian states were to accede.3. Established provincial autonomy.

The main features of the The main features of the ActAct Option for states to join Division of power Dyarchy at the centre; granted provincial

autonomy Bicameral federal legislature Restricted legislature’s power Nominal Autonomy Indian council of secretary of state Establishment of federal court Governor-General was made Supreme

Head of the state

Features contd.Features contd.Direct elections are introduced for the first time.

The right to vote was increased from seven million to thirty-five million.

Introduction of the English doctrine of precedent in India

Sind is separated from Bombay. Orissa is separated from Bihar. Burma is separated from 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 The Government of India Act on High courtson High courtsNumber of judgesRemoval of judgesQualification JurisdictionSalariesAdministrative controlAppeals High court at Nagpur

The federal court of IndiaThe federal court of IndiaThe Gour resolution ( 26th march 1921)B.R Puri resolution (1931-32)Duties of the federal court:1. Interpreter and the guardian of the

constitution.2. Tribunal for the determination of the

disputes which arises between constituent units and the federation or amongst the constituent units inter se.

1st October 1937, federal court was inaugurated.

Jurisdiction of the federal Jurisdiction of the federal courtcourtSection 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 of a high court if the high 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 for conferring upon the federal court such supplementary powers which is not inconsistent with any of the acts.

Defects of the establishment Defects of the establishment of federal court of federal court

Very limited jurisdictionAppeals were even allowed to privy councilOnly a restricted category of cases in which

a question of constitutional law was involved was forwarded to federal court.

The courts was not authorised to enforce its own decisions 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: British Political Needs vs. Defects: British Political Needs vs. Indian Constitutional NeedsIndian Constitutional Needs

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

Dyarchy at the centreOption for the statesPrivileged position for the statesCommunal awardDiscretionary powersMistrust of IndiansNo Bill of RightsThe federal part of the Act was 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 after 1935Developments after 1935 In 1937 the first set of elections under this

act were held.The impact of second world warThe august offerThe privy council (Abolition of jurisdiction)

Act, 1949

ConclusionConclusion

The federal court established in India during the short 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.