Government of India Act 1935

Overview

• Swaraj in local govt in 1882
• limited self government in ICA1909
  • Partial swaraj @ provinces in GoI 1919
  • swaraj @ provinces and partial swaraj @ centre in GoI 1935
  • Swaraj @ centre in IIA 1947, Purna swaraj in 26 Jan 1930
• Lililinthgow (1934-36): GoI 1935 applied in 1937
  • best way to maintain control
  • background: Pressure by
    • Khilafat 1920-24
    • NCM 1922
    • HRA 1924
    • HSRA 1928
    • IRA 1930-33
    • Anti Siman Agitation 1928
    • CDM 1930-34
    • Great Depression 1929

Legal Backing

Simon Commission (Recommendations)

• fully responsible govt in provinces
• no change at center
• NWFP & Sindh as full provices
• Separate Burma from India (Burma Wars 1824-26, 1852-53)

First RTC 1930

• 565PS & non INC parties attended
• non INC parties demanded Union of British India in the 565PS

Second RTC 1931

• Indian demands of federation & responsible govt at centre and poorna swaraj rejected 😧

Third RTC 1932 (unimportant)

• $\therefore$ GoI 1935 was against principle of self govt
• no indian in simon commission
• INC boycotted 1st & 3rd RTC, while 2nd was failure 🖐️

Motilal Nehru Report

• just a wish of APC which stayed unfulfilled

Features of GoI 1935

• created Orissa and Bihar 1936
• separated Sindh from Bombay in 1936
• Burma separated in 1937
• NWFP 1932 status confirmed (became full province)
• at centre (never applied); GoI 1919 just continued 🤪
• India $=$ Union of India w/ 565PS w/ Federal Relation b/w the two (like Nehru Report 1928)
  • but consent of 50% princes needed
• Must sign IoA to accede to the Union (was never done!) $\therefore$ GoI 1919 continued at centre
  • link Butler Commission 1929 promise
• after IoA, only defence, communication and foreign affairs w/ the Union GoI @ 565PS (IoA leads to Article 370)
• proposed federal court

Princes did not agree because

• paramountcy was not abolished $\therefore$ didn’t want 2 bosses
• wanted financial autonomy
• smaller PS unhappy as fewer seats at center
• federal democracy as after IoA, INC could launch mvmts

The council

• Federal Assembly (FA), Council of States (CoS)
  • $1/3$ FA $==$ nominees of princes
  • $⟹$ reduced chances of INC majority in FA
• CoS permanent $1/3$ member retiring every year
• 5 yr life at FA
• direct election @ CoS for better representation of provinces
  • but indirect at FA (!!!!!)
  • $\because$ minimize INC members at FA
  • (regional parties do better at provincial parties, so INC majority difficult)
• right to vote to more indians but only 10% got it due to income and education criteria
  • intent to deny voting rights to INC supports (ryots, working class)
• separate electorate
• reservation of elected seats for scheduled caste
  • GoI 1919 gave reservation only in nominated seat
• reservation for women & working class
  • 1919 allowed women to vote
• first time federal distribution of subjects in concurrent, provincial lists
• $80\%$ BD not votable
• Viceroy could
  • restore cuts in grants
  • had residual powers
  • veto powers
  • ordinance powers
  • certify rejected bills
• dyarchy at centre
  • L,E powers over reserved subjects w/ Viceroy (defence, home, foreign, church, tribal)
  • L,E powers in transferred subjects w/ FA & CoS and ministers responsible for them
• fiscal autonomy of GoI from SoS
  • financial control of british india w/ Viceroy (& not SoS)
  • thats why Morley’s BD Speech 1906
  • since GoI 1858, SoS $=$ Top authority
  • Nehru: This is the only major change.

Features in Provinces

• swaraj in provinces
• provincial autonomy as now federal distribution of subjects
  • federalism (started in 1861) has now peaked
  • dyarchy ended i.e. all subjects transferred to the PLA & ministers responsible to the PLA
• Governor $=$ agent of centre $\therefore$ 1919 dyarchy anti-federalism and not just anti-democracy
• fully responsible as no dyarchy (i.e. swaraj)
• CoM under premiere (CM) is responsible to PLA
• direct elections, the separate electorate like 1919
• some provinces got the upper house

However

• $40\%$ BD not votable
  • Indian MLA $\to$ 😢
  • INdian FM $\to$ 😋
  • British $\to$ 😐
• governor still too powerful
  • discretionary powers to summon PLA
  • veto power for bills
  • ordinance power
  • administration of tribal areas
    • 5th Schedule CoI
• spl. powers to protect minority rights
• features
  • british business interests
  • privileges of civil servants
  • power to take over govt and run it indefinitely
    • wow Article 356 🤩
    • origin in Montague Chelmsford Reforms (GoI Act) Dec 1919 (MontFord)

Results

• no dominion status
  • Motilal Nehru Report Aug 1928 😞 💔
• brits got strong control over centre and got INC busy at Provincial Govt.
• made central INC leaders weak by making provincial leaders strong
  • divide & rule ⚔️
• INC wanted elected representatives from 565PS
• INC rejected GoI1935 & demanded a CA (constituent assembly) elected by UAF