Damodaram Sanjivayya National Law University, Sabbavaram, Visakhapatnam, A.P., India
Damodaram Sanjivayya National Law University, Sabbavaram, Visakhapatnam, A.P., India
II-SEMESTER
SUBJECT
HISTORY
I would like to thank Viswachandra Madasu sir for giving me an opportunity for deeply
studying about constituent assembly members. This project is a result of dedicated effort. It gives
me immense pleasure to prepare this project report on “Government of India Act, 1935 and its
impact on Indian Constitution”.
My deepest thanks to our Lecturer Vishwachandra Madasu, the guide of the project for guiding
and correcting various documents with attention and care. I thank him for consultative help and
constructive suggestion in this project. I would also like to thank my parents and colleagues who
have helped me for making the project a successful one.
SYNOPSIS
Herein the researcher through this project is trying to highlight the consequences of the
Government of India Act, 1935 on the drafting of the constitution.
The research was helpful in gaining knowledge about the role played by the Government of India
Act, 1935 in framing the Constitution. It also gave the researcher immense exposure of various
difficulties that the makers had to go through.
The researcher is limiting the scope only up to the role played by the following Constituent
Assembly members in framing the Constitution for the Indian society.
RESEARCH METHODOLOGY-
REVIEW OF LITERATURE
It’s said that after 60 years of independence from the British Colonial
rule and after the introduction of the Government of India act, our
country India has shown a significant improvement in the economic and
political transformation. Politically conscious, increasingly participating,
the country’s masses has been an awakening force that is yet to find
coherence and direction in the world’s largest democracy1 Stanley. A.
Kochanek, (2008)
1
Stanley. A. Kochanek, (2008), India Government and politics in a developing
nation, Thomas learning Publications. Seventh edition.
2
A. Banerjee and L. Iyer, (2002), Massachusetts institute of technology, History, Institutions and economic performance.
3
Shubham Chaudhary (2003), What difference does a constitutional amendment make ? The
1994 Panchayati Raj Act and the attempt to revitalize rural local government in India.
The constitution of a country is it’s past history and future
aspirations. The reforms inaugurated was based upon the famous
declaration of British policy towards India 4 (M. Ramaswamy,
(1956)).
The 26th January 1950 marked a great event in the long and chequered
history of India, a constitution is set of laws and rules setting up the
machinery of the government of a state which define and determines
6
the relations between the different institutions and areas of government
(M. V. Pylee 2003 ).
The classical distinctions under the Government of India act between
horizontal and vertical political mobilisation proposed by Lloyd and
Susanne Rudolph captured the essence of north south political differences.
Affirmative action leads to the cooperation of a tiny lower caste and
7
scheduled elite into existing vertical structure under the act ( A.
Varshney, 2000 ).
4
M. Ramaswamy, (1956), Constitutional development in India, Stanford law review, vol 8 no 3 pp 326-387.
5
Arthur Berriandale Keith, (2017), A constitutional history of India, Routledge library edition,
1st edition.
6
M. V. Pylee, (2003), Constitutional Government in India, S. Chand and company ltd. first edition .
7
A. Varshney, (2000), Is India becoming more democratic, The journal of Asian studies, vol 59
no 1, pp 3-25.
The council of India act 1907 modified the constitution of Indian Council
for legislative purposes. This act empowered the Secretary of State for
India to raise the maximum number members of the council of fourteen 8 (
Vibhuti Bhushan Mishra, 1987 ).
During the first couple of decades after the Indian independence, the political
discourse in
India was guided by the legacy of the freedom movement. The Indian
National movement while internalising the principles of rule of law went
on to reject the moral authority 9(V. Krishna Ananth, 2011 ).
India’s independence represented for its people the start of an epoch that
was imbued with new vision. The Nation’s leaders set out to build a
secular society and state undaunted by the partition of India 12( Bipan
Chandra,2006).
India arrived at independence after a long struggle with a multiplicity of
heritages and legacies. The simultaneous presence in the constitution of
8
Vibhuti Bhushan Mishra, (1987), Evolution of Constitutional history of India, Mithal
publications, first edition.
9
V. Krishna Ananth, (2011), India since independence, Dorling kindersley pvt. Ltd., first edition.
10
Bidyut Chakraborty, (2008), Indian politics and society since independence, Routledge, first
edition.
11
Manik Lal Gupta, (1989), Constitutional development of India, Atlantic publishers , first edition.
12
Bipan Chandra, Mridula Mukherjee and Aditya Mukherjee, (1999), India since
independence, penguin books , second edition.
these two sets of principles and guidelines reflected some of the tensions13
(Paul. R. Brass).
13
Paul. R. Brass, (1994), The politics of India since independence, Cambridge university press,
seconds edition.
14
Brij Mohan Jauhari, (2002), India’s development after independence, Gyan publication house,
first edition.
15
V. Krishna Ananth, (2015), The Indian Constitution and social revolution, SAGE Publication
, first edition.
16
Anil Monga, (2008), Government in India, JOAAG Journal, vol 3 no 2, pp 52-61.
17
Dr. Andrew Muldoon, (2013), Empire, politics and the creation of the 1935 India act, MPG
Books group, first edition.
18
Ornit Shani, (2018), How India became democratic, Cambridge university press, first edition.
2018).
ABSTRACT
India got its independence from the British on 15th August 1947. Even
before that India went through lot of constitutional amendments which
were done by the British. The various Acts such as Regulating Act,
Pitts India Act and etc., helped to frame the more or less the right
constitution for India’s Governance. A constituent assembly was
formed for this purpose in 1946 and on 26th January 1950, the
constitution came into being. Each province and state were made
adapted to the constitution. The then Government of India act 1858,
Government of India act 1919, Government of India acts 1935 had
brought lots of constitutional amendments in the country. The
Constitution of India made lots of important
changes in the central and regional Government. These acts provided
for the independence of India. These acts enlarged the legislature in the
provinces. The introduction of the electoral principle laid the
groundwork for the parliamentary system even though this was contrary
to the intent of Morley. Ideals of liberty, equality and fraternity were
adopted. This paper aims on explaining about the Government of India
act 1919, Government of India acts 1935 and Government of India act
1950 and the various changes made in the upcoming acts and the
comparative study on the above Acts are also made in this paper. The
acts are compared and the further possible changes to be made are also
mentioned in this paper. The treaties and charters responsible for the
change in the constitution are given. The suggestions are mentioned
below and the discussions are also recorded.
INTRODUCTION
In the year of 1600 the British came to India through the East India Company for the
trade purposes. But eventually in the upcoming years through the other charters and
acts the British acquired the Indian territories. In the year of 1858 August, The
Government of India Act was passed by the British Parliament to set an end to the
East India Company rule which is famously called as Queen Victoria Proclamation.
The control of British Government of India was transferred to the British crown.
The British Governor General of India was given the title Viceroy of India which
means the representative of the Monarch. The people of India were granted their
rights by Queen Victoria under this act. The Government of India act 1919 which is
known as Montague-Chelmsford reforms and this Act made an introduction to
bicameral legislature at the centre. The act has made changes in the regional
government also. This act sought to fulfil its promises by emphasising greater
autonomy of provinces and by making changes to the constitution. Government of
India Acts made in British Rule sought to establish by a somewhat novel process and
that process consisting of somewhat autonomous British India provinces. The next
significant Act passed by the British was Government of India act 1935. This was
passed by the British parliament to regulate the constitutional development in India.
The government of India 1935 introduced direct elections and expanded the
franchise. This act brought certain changes which was not fulfilled in the previous act.
Certain improvements were made in the act and the government of India act 1919
formulated underwent some changes in the act of 1935.
Each and every act had its own defects and deficiencies and many other acts were brought
in order to rectify the mistakes and defects of the previous act. The Government of
India act 1858 was introduced to rectify the deficiencies in the regulating act and
Pitts India act, the Government of India act 1919 was enacted to correct the defects
in act of 1858. But in the following acts the Indian people were not given their due
rights by the Queen and were denied their rights. Moreover, since the Indians were
denied their rights by the British, changes were introduced in the administrative
19
Bidyut Chakraborty, (2008), India politics and society since independence, Routledge publication,
first edition.
20
20
Frank Cassidy and Robert. L. Bish, (1989), Indian Government: It’s meaning in practice.
Oolichan books, first edition.
system and a new act was enacted called as government of India act 1919. After the
passing of government of India act 1858, governance of India was taken over from
the East India company by the British crown. The introduction of civil Servant was
brought during this period. But still the high posts were given only to the British but
not the Indians. The act of 1919 had many shortcomings. It didn’t fulfil the
demand for the responsible government. The system of Dyarchy in the provinces
were an utter failure. The governor rule dominated and the ministers did not have
enough powers to implement their ideas and policies. The ministers were not
altogether responsible and were only individually appointed by the governor as their
advisers. Hence many other reformations were made in the acts and new acts were
passed by the British Parliament. Even though many acts came to light Indian people
were not given their freedom and were not allowed to enjoy their privileges. Even
though the previous acts had defects in them the Government of India act 1935 was
proved to the landmark act in the Indian constitutional history as it provided new
form of government for which was suitable for the modern world. It introduced the
bicameral federal legislature which now comprises of two houses Lok Sabha and
Rajya Sabha. This is the only act which made our Indian democracy the largest
democracy in the world. This research brings forth the advantages and disadvantages
of the various Government of India Acts. The acts are compared in between one
and another and the changes are recorded. Certain amendments which are to be
made and that can be changed are also given. This research paper aims on bringing
in new amendments in the Indian constitution and improvements can also be made in
the constitution. The reasons for the introduction of every acts are explained in detail.
To analyse the Government of India acts and to know the step by step development
of Indian constitution.
After the Government of India act 1858 was enacted India’s rule came under British
crown directly. The whole administration was to be run by the Queen through
the Secretary of State for India assisted by the council of India. The council of India
had 15 members, eight appointed by the crown and seven elected by the Court of
Directors. This act increased the number of members elected in the Imperial
legislative council and the Provincial Legislative Council. But the overall majority of
non elected members remained intact. Even elected members were to be elected
by the local bodies . Powers of legislatures were extended to enable it to pass
resolution and ask questions and supplementary , but were not able to vote upon the
budget as a whole. One Indian was to be appointed to the viceroy executive council.
Separate electorate was introduced. Muslims were allocated eight seats, British
Capitalists six seats, landlords two seats and general electorate were allocated
thirteen seats out of which twenty seven non official seats of total sixty eight
seats in imperial legislative council. Muslims were also provided their
representation in excess to their strength. The number of elected member in the
Imperial Legislative Council and provincial legislative council was increased. The
electoral system they was introduced contained two divisions of electorate, they
are general electorate and special electorate. No universal franchise was
introduced. Only a class of citizens was qualified for voting which was almost a
minority to the total population of each electorate. Communal representation was
introduced here to divide the Hindu-Muslim to create a difference of opinion and
make them weaker. Hence apart from the advantages the Government of India act
1858 had some disadvantages also.
Government of India act 1935 was passed by the British Parliament . This was the
longest act passed by the British Parliament so far and was later divided into two
parts, Government of India Act 1935 and Government of Burma act 1935. The
Government of India act was derived from four main key sources they are Simon
Commission report, discussions at the third round table conference, the white paper
of 1933 and the reports of the joint select committees. This act ended the system of
Dyarchy introduced by Government of India Act 1919 and established federation
of India system. The provinces were allowed to act as autonomous units of
administration in their defined sphere. Moreover the act provided responsible
Government at the provinces, that is the governor was required to act with the
advice of the ministers responsible for the provincial legislature. This came into
effect in 1937 and was discontinued in 1939. This act introduced bicameralism in six
out of eleven provinces. The court was given exclusive original jurisdiction to
determine disputes between the centre and constituent units. This provision was
created for filing of appeals from high courts to the court and from court to
council. It abolished the council of India, established by government of India act
1858. The Secretary of State for India was given a team of advisors in it’s place.
within the act of 1935 the federal bank and also the court were established in
1935 and 1937 severally. the primary elections below the act were additionally held
in 1937.
The Government of India act 1935 contained thirty two sections fourteen parts and
ten schedules and consisted of two major parts. The act of 1935 proposed to set up
all India Federation comprising of the British Indian provinces and princely states. A
very significant provision was the safeguard and protective measures for the
minorities . This act extended the supremacy of British Parliament and increased the
size of legislature, enlarged the franchise and separated Burma from India. But the
act was still half hearted and there was remote control from London. The
princely states were unwilling to join the federation as they were already assured a
privileged position. The Indian princes could make nominations to the assembly
while those from the provinces has to be elected. Indirect elections to the federal
assembly went against the spirit of democracy. Control of the Secretary of the state
over the Indian Civil Service and the India police was not liked . Indians did not
control the defence part of administration though they contributed men and
materials for the war efforts. The British still dominated the federal legislature and
the federal executive like a colossus, and provincial Autonomy seemed a farce.
There was a vast pause between the provision of the act and the dominion status
was being dangled all the time. The Government of India act was called as anti-
India act and the found it unacceptable. However the Government of India act
1935 had introduced several features which form the nucleus of our Constitution.
Voting age reduced from 21 to 18 years (1989) , this amendment provided the
youth an awareness that lowering of voting age would provide an opportunity to
the unrepresented youth and motivate them to become a part of political process
eventually. The introduction of Municipalities and Nagarpalikas (1993), this
amendment was brought in to introduce effective authorities to execute numerous
plans and programs felt by the Government. Free and compulsory education to
children between 6 to 14 years (2002), this initiative was taken to provide
elementary education to all. This act allowed the government to pass laws
relating to reservations to socially, economically backward classes, scheduled
castes and scheduled tribes in public and private higher educational institutions
(2014), since the scheduled castes and scheduled tribes are the most neglected
and exploited people in India this amendment was made to provide relief to such
economically backward people. Introduction of the Goods and Services Tax
(GST), to present the idea of One Nation, One Tax (2016), the recent and important
amendment bought by the government of India is the gst where both the
central and state government taxes are same and equal for all the commodities .
After the independence the states were joined and separate government were formed
in our country.
FINDINGS
The term Government of India Acts refers to one of the consequent acts passed by
the British Parliament to regulate the government of British India. The act extended
the powers of the viceroys in India and abolished the company’s rules. Following the
revolt of 1857, the Government of India Act was enacted in order to bring India
under the direct British crown rule. The Government of India Act 1935 was never
fully implemented but still it served as a part of constitutional basis of India. The
portfolio system was bought in and separate electorate was formed for the Muslims.
To sought a federation of India and introduced a provincial autonomy in India. The
Government of India act plays a major role in developing the constitution of
India.
DISCUSSIONS
The presidency government had a strict central control and enjoyed the autonomy.
There have been variety of things that the new Constitution of India had in common
with the government of India Act of 1935. Firstly, if we look at the legislative set
up provided by the new Constitution we'll notice that it resembles very closely the
model followed by British people. The Government of India Act of 1935 provided
for a bicameral Federal legislative assembly and currently also we've a bicameral
Parliament. And therefore the provincial legislatures can be either bicameral or
unicameral we've identical system in our states. Within the matter of governmental
management in numerous aspects of administration the govt of India Act of 1935
had provided for three legislators that started the varied subjects wherever the
Federal and therefore the Provincial Legislatures would have management. And
within the case of conflict between the laws of the Federal legislative assembly and
therefore the Provincial legislative assembly state the laws of the Federal Legislature
would unremarkably prevail. And currently we've identical system wherever we've
the three list and referred to as the Union, State and therefore the coincidental
Lists which offer the areas of administration of the several legislatures.And just in
case of conflict of laws between the two legislatures the law created by the Union
Government prevails. A Bill so as to become an Act beneath the Government of
India Act of 1935 needed the assent of the Governor General or the Provincial
Governors and the Governments were completely subordinated. For example GST
was a bill which was a draft or a proposal after being passed by both the houses of
the parliament and after being approved by the President it has become an act.
CONCLUSION
The Government of India Act helped India to develop relationships with the
neighbouring countries which in turn helped the country to develop trade relations
with them. The Constitution of Republic of India has created a sharp departure from
the government of India Act in certain things. however if we tend to scrutinise
closely we discover that the legislative and body set- up are left mostly untouched.
What we've got in result is a Constitution that follows the British model of
administration to fulfil and attain the goal of prosperity for the state. so we will say
that though the Constitution is meant for the welfare of the indian nation it's not
very a counterpoint to the government of India Act of 1935. And currently a Bill so
as to become an Act needs the assent of the President or the Governor, as the
case may be. And within the case of the failure of the constitutional machinery in
any a part of the country the Governor General was authorised to declare
emergency and take over the administration. And in such cases the provincial
legislative machinery would be outdated. And even currently, just in case of a
failure of constitutional machinery in any state or within the country the President
is to issue a proclamation declaring emergency. And the legislative machinery of the
states is outdated. And even the executive set- up and divisions are left well an
equivalent as was the case earlier. However the Government of India act set an end
to the British imperialism. Hence the Government of India act has created a good
impact on the constitution.