THE GOVERNMENT OF INDIA ACT 1935:
The Government of India Act 1935 was the largest bill passed by the British Parliament. This Act had the following salient features.
- Establishment of an all India Federation.
- Establishment of a semi-responsible government at center.
- Provincial autonomy.
- Special power of the Governors and Governor General.
- Establishment of the Federal Court, the Federal Railway Authority, the Reserve Bank of India and the FPSC.
CREATION OF THE ALL INDIA FEDERATION:
- Powers were divided into the federal, provincial and Government subjects.
- Dyarchy was abolished from the provinces but introduced at center.
- Defence, Religious, Finance and Tribal affairs department were given to Federal Government.
- Bicameral Legislature. Indian Legislative Council (Lower House) was comprised of 360 members whereas Council of State (Upper House) was comprised of 260 members.
- President and vice president of assembly from the members of the house.
- Legislature not independent but sham body,
- Governor General would veto any law passed by Assembly.
- No Control over Executive.
- No power to amend Act 1935.
POWERS OF GOVERNOR GENERAL:
- Unlimited powers.
- Financial control of federal government.
- Maintenance of law and order in India.
- Safeguarding the legitimate rights of the minorities.
- Safeguarding the public servant and their right.
- Checking the taxes against British goods.
- Safeguarding the right of the Indian States.
- Appointing and sacking the Councils of ministers.
- Promulgation of Ordinance.
- Suspending the constitution.
- Interference in the provincial mattes.
- Disallowing the debate on any bill in Assembly
- Sending back the approved bills for further discussion.
- Summoning and adjourning the Assembly session.
- Dissolving the Assembly.
- Jurisdiction over British India and States.
- Judge of High Court for 5 years/lawyer in High Court for 10 years—Eligibility as Judge of Federal Court .
- Authorized to interpret the constitution.
- Advice to Governor General.
ABOLITION OF THE INDIAN COUNCIL:
- Reduced the powers of the Secretary of State for India and abolished his council.
- Permitted to have advisor.
- Not come up to the expectation of any community of the India except rulers of States.
- Governors and Governor General overpowered.
- Created more hindrance in the way of achieving a completely autonomous and responsible government for India.
“Thoroughly rotten, fundamentally bad and totally unacceptable”. Jinnah
“A machine having strong brakes but no engine”. Jawaharlal Nehru.