Government of India Act 1935
Provincial autonomy, the planned federation, the three Lists and what the Constitution took from the Act
In one minute
The Government of India Act 1935 was the last big British constitutional law for India. It ended dyarchy in the provinces, gave provinces self-rule, and divided law-making powers into three Lists. The federation it planned never began.
Many parts of the Indian Constitution trace back to it. Exams ask for its main features and what the Constitution took from it.
Exam focus
- Frequency: Frequently asked
- Usually asked as: Both (long answer and short answer)
Legal provision
The text of these provisions is on this site's Bare Act page.
- Section 5: the Governors' Provinces and the acceding Indian States were to be united in a Federation of India once enough States acceded. This federation never came into force.
- Section 12: the Governor-General had special responsibilities, such as preventing a grave menace to peace, safeguarding financial stability, and protecting minorities and the rights of Indian States.
- Section 18: a Federal Legislature of the Crown (represented by the Governor-General) and two Chambers, the Council of State and the Federal Assembly.
- Section 52(3): a Governor uses his individual judgment where a special responsibility is involved.
- Section 93: a Governor could take over the powers of the provincial government by Proclamation, with the Governor-General's concurrence, but not the powers of a High Court.
- Section 100: legislative power was divided between the Federal Legislature and Provincial Legislatures through three Lists: Federal, Provincial and Concurrent.
- Article 395, Constitution of India: repeals the Act.
Meaning and definition
The Government of India Act 1935 was passed by the British Parliament after a long process. The steps were the Simon Commission, the Round Table Conferences in London from 1930 to 1932, and a White Paper in 1933. It was a very long Act, and much of its machinery was later carried into the Constitution.
- 1927The Simon Commission is appointed; it has no Indian member.
- 1930The Commission's report is published.
- 1930 to 1932Round Table Conferences in London.
- 1933The British Government publishes a White Paper.
- 1935The Government of India Act 1935.
- 1937Provincial autonomy begins.
Detailed explanation
Step 1: provincial autonomy
Provincial autonomy replaced dyarchy in the provinces. Ministers answerable to the elected provincial legislature ran all provincial subjects. Dyarchy ended there. The first elections under the Act were held in 1937. But the Governor kept special powers and could use his individual judgment (section 52(3)) or take over the government (section 93).
Example. After 1937, a Minister in a province such as Madras controlled the police. Under the 1919 Act, the police had been a reserved subject. The Governor could still step in if the government of the province could not be carried on under the Act.
Step 2: the proposed federation
The Act planned a Federation of India joining British Indian provinces with the Indian States that chose to accede (section 5). Too few States acceded, and the federal part never came into force. The Centre continued under the 1919 Act until 1947.
The Act also planned dyarchy at the Centre. Defence, foreign affairs and some other subjects were to remain with the Governor-General, with the rest passing to Ministers. Since the federation never began, this plan was never put into operation.
Step 3: the three Lists
Section 100 divided powers into the Federal List, the Provincial List and the Concurrent List. The Federal Legislature had power over the first. A Provincial Legislature had power over the second. Both could make laws on the third. This is the ancestor of the Union, State and Concurrent Lists in Article 246 and the Seventh Schedule.
Example. Under the 1935 scheme, a province could make a law on public health from its own List. Coinage was in the Federal List. A law on marriage could come from the Concurrent List, from either side. The Indian Constitution still follows this pattern of lists.
Step 4: other features
- A two-house Federal Legislature (section 18). The Council of State had 156 representatives of British India and up to 104 of the Indian States. The Federal Assembly had 250 and up to 125.
- A Federal Court, set up in 1937, to decide disputes and hear appeals. It was the forerunner of the Supreme Court.
- A Federal Public Service Commission and Provincial Public Service Commissions.
- A larger electorate, but still not universal adult suffrage.
Step 5: what the Constitution took from the Act
| 1935 Act | Constitution of India |
|---|---|
| Three Lists (section 100) | Article 246 and the Seventh Schedule |
| Federal Court | Supreme Court (Article 124) |
| Public Service Commissions | Article 315 |
| Governor's takeover (section 93) | President's rule (Article 356) |
| Governor's individual judgment (section 52(3)) | Governor's discretion (Article 163) |
| Two-house Federal Legislature | Parliament of two Houses (Article 79) |
The Act continued, as adapted by the Indian Independence Act, 1947, to serve as the working constitution between August 1947 and 26 January 1950. Article 395 then repealed it.
Don't confuse: the 1919 Act and the 1935 Act
| Point | 1919 Act | 1935 Act |
|---|---|---|
| Provinces | Dyarchy | Provincial autonomy; dyarchy ended |
| Centre | Two-house legislature; Executive not responsible | Federation planned, with dyarchy at the Centre; never began |
| Division of powers | By rules, not in the Act | Three Lists in the Act |
| Apex court | None created | Federal Court |
Inside the 1935 Act. A province passes a law on a subject in the Provincial List without asking anyone.
Just outside it (1919 Act). A Minister runs education but the Governor's side controls finance, as dyarchy required.
Common mistakes
- Saying the federation under the 1935 Act began. It did not.
- Saying dyarchy continued in the provinces. It ended there in 1937.
- Saying the Act gave universal adult suffrage. It did not.
- Saying the Constitution copied the Act whole. It added Fundamental Rights, Directive Principles and universal adult suffrage.
Apply it
Problem
A friend says: "The 1935 Act created the Federation of India, so India was a federation from 1937." Is she right?
Issue. Did the federal part of the Act operate?
Rule. Section 5 allowed the Federation to be proclaimed once enough Indian States acceded.
Application. Too few States acceded, so the federal part never came into force. Only provincial autonomy began in 1937. The Centre stayed under the 1919 Act.
Conclusion. She is wrong. Provincial autonomy began in 1937 but the Federation never did.
Leading case laws
No Indian case turns on this Act, which Article 395 repealed. Its lists and offices are studied for their effect on the Constitution.
How to write this answer in the exam
5-mark answer
- Background: Simon Commission, Round Table Conferences, White Paper.
- Provincial autonomy.
- The federation that never began.
- The three Lists and the Federal Court.
10-mark answer
- Background and passage of the Act.
- Provincial autonomy and the Governor's powers.
- The planned federation, section 5.
- Three Lists, section 100.
- Federal Court, Federal Legislature, Public Service Commissions.
- Features the Constitution took over, in a table.
- Defects and how the Constitution went further.
Key points to remember
- Background: Simon Commission, Round Table Conferences (1930 to 1932), White Paper (1933).
- Provincial autonomy from 1937; dyarchy ended in the provinces.
- The federation (section 5) never began.
- Three Lists (section 100) became the Seventh Schedule Lists.
- Federal Court (1937) was the forerunner of the Supreme Court.
- Section 93 is the forerunner of Article 356.
Quick self-test
1. What happened to the federation planned by the 1935 Act?
It never came into force, because too few Indian States acceded.
2. Which three Lists did section 100 create?
The Federal List, the Provincial List and the Concurrent List.
3. Which provision of the 1935 Act is the forerunner of Article 356?
Section 93, which let a Governor take over the provincial government by Proclamation.