PubAd Q&A: Larger part of Act of 1935 has been accommodated in the constitution of India. Explain.

Larger part of Act of 1935 has been accommodated in the constitution of India. Explain.

Government of India act 1935 was introduced on the recommendations of Simon commission report which was appointed to prepare the report card of GOI act 1919. Nearly 75% of the constitution can be said to reproduction of GOI act 1935 with suitable adaptations and modifications.

Federalism: GOI act 1935 first time introduced federal system of govt. in India. Old unitary govt. system was replaced to bring both British India provinces and Indian states into one organic state. However it did not come in practice due to opposition from princely states. This idea of federalism was adopted in 1950 constitution.

Distribution of subjects: There was a clear cut demarcation of power b/w provinces and centre. Subjects were classified in 3 lists Federal list, Provincial list and Concurrent list. Indian constitution version of these lists  are Union list, State list and Concurrent list.

Dyarchy at centre:  Dyarchy was introduced in centre. Today’s Lok Sabha and Rajya Sabha are successor of Federal Assembly and Council of States.

All India Court: For the first time an all India court called ‘Federal Court of India’ was set up. Once Indian Constitution came into force it was substituted by Supreme Court.

Direct Election: The act introduced for the first time direct elections and increased the franchise from 7 million to 35 million.  After the independence we also opted for direct election with universal franchise.

Emergency powers: A degree of autonomy was given to provinces but British authority retained the right to suspend the responsible govt. This is the genesis of article 356 of Indian constitution which gives centre the power to impose President’s rule in state in case of failure of constitutional machinery.

There is a striking similarity between GOI act 1935 and Indian constitution. However, it is remarkable political fact that the major legislative changes of British was widely criticized and rejected by Indian leaders but after 15 years same legislations were largely accepted by independent India.

Some appreciation please!