The most remarkable feature of the Government of India Act, 1935 was that it envisaged a 'federation of all-India', consisting of the British provinces and the Indian States willing to join it. Till the Round Table Conference of 1930 India was a completely unitary state and whatever powers the provinces had were given to them by the Centre. The 1935 Act for the first time provided for a federal system which would consist of not only the Governors' Provinces of British India but also the Chief Commissioners' Provinces and the Princely States. It finally sought to break up the unitary system under which British Parliament had hitherto been administered. The principle of the constitution of 1919 had been decentralisation rather than federation. Under the new Act the Provinces were for the first time recognised in law as separate entities, exercising executive and legislative powers in their own field, in their own right, free in normal circumstances from Central control, in that field.
The Act separated Burma from India and two new provinces of Orissa and Sind were created. Keeping the proposed scheme at the Centre in view, the eleven Governors' Provinces were fully 'liberated' from the 'superintendence, direction and control' of the Central Government and the Secretary of State except for certain specific purposes. The Provinces in other words were invested with 'a separate legal personality'. The scheme of provincial autonomy envisaged by the Act provided for an executive and a legislature in every Province. The Council of Ministers was to be responsible to the Legislature which could remove it by passing a vote of no-confidence. The Legislature could exercise some control over the administration through Questions and Supplementaries. Nearly 80 per cent of the demands for grants could not however be assented to or rejected by the Legislature. In the legislative field, the legislature could also pass laws on subjects included in the Concurrent List, though in case of divergence, the Federal law would prevail over the Provincial law.
The federal part of the constitutional scheme under the Government of India Act, 1935 was most impractical. The Provinces did not accept the scheme of the Federation and since the condition of half of the States joining the Federation could not be fulfilled, the 'Federation of India' contemplated by the 1935 Act remained unborn and the federal part of the Act could not be implemented.
Elections for the provincial legislatures under the Government of India Act, 1935 were held in February, 1937.
The Congress once again won a resounding success at the polls. In all, the Congress captured 715 out of the 836 general seats. The Muslim League showed up badly even in the seats reserved for Muslims and in Muslim majority provinces. It failed to secure absolute majority in any province. In fact, it could capture only 51 out of 482 Muslim seats.
The Congress secured absolute majority in Madras, United Provinces, Bihar, Central Provinces and Orissa and won half of the total seats in Bombay. In Assam and North –West Frontier Province, it emerged as the largest party. In Punjab, the Unionist Party obtained clear majority. Several minor groups emerged in Bengal and Sind.
The Government of India Act, 1935 occupies a very important and permanent position in the constitutional history of India. The Act had endeavoured to give a written constitution to the country. Although the people of India or their representatives had no hand in the creation of this document, and it suffered from several serious drawbacks, it cannot be denied that it was on the whole and in some respects a progressive step. After centuries, the Indian got an opportunity for assuming some responsibility in running the administration of their country. Popular Ministries were formed in the Provinces be elected representatives responsible to the Legislatures. Words like Premier and Ministers were used for the first time and recognition was given to the precedence of the Premier. There were occasions when differences between the Governors and Ministers cropped up, but the Governors more or less respected the responsibilities and powers of Ministers in the Congress Provinces and did not interfere in the day to day administration. The Ministers too discharged their duties with great ability, impartiality and dedication which earn them laurels and respect. Even the British administrators were surprised and influenced by the display of administrative ability and acumen by Indian Ministers.
The Act separated Burma from India and two new provinces of Orissa and Sind were created. Keeping the proposed scheme at the Centre in view, the eleven Governors' Provinces were fully 'liberated' from the 'superintendence, direction and control' of the Central Government and the Secretary of State except for certain specific purposes. The Provinces in other words were invested with 'a separate legal personality'. The scheme of provincial autonomy envisaged by the Act provided for an executive and a legislature in every Province. The Council of Ministers was to be responsible to the Legislature which could remove it by passing a vote of no-confidence. The Legislature could exercise some control over the administration through Questions and Supplementaries. Nearly 80 per cent of the demands for grants could not however be assented to or rejected by the Legislature. In the legislative field, the legislature could also pass laws on subjects included in the Concurrent List, though in case of divergence, the Federal law would prevail over the Provincial law.
The federal part of the constitutional scheme under the Government of India Act, 1935 was most impractical. The Provinces did not accept the scheme of the Federation and since the condition of half of the States joining the Federation could not be fulfilled, the 'Federation of India' contemplated by the 1935 Act remained unborn and the federal part of the Act could not be implemented.
Elections for the provincial legislatures under the Government of India Act, 1935 were held in February, 1937.
The Congress once again won a resounding success at the polls. In all, the Congress captured 715 out of the 836 general seats. The Muslim League showed up badly even in the seats reserved for Muslims and in Muslim majority provinces. It failed to secure absolute majority in any province. In fact, it could capture only 51 out of 482 Muslim seats.
The Congress secured absolute majority in Madras, United Provinces, Bihar, Central Provinces and Orissa and won half of the total seats in Bombay. In Assam and North –West Frontier Province, it emerged as the largest party. In Punjab, the Unionist Party obtained clear majority. Several minor groups emerged in Bengal and Sind.
The Government of India Act, 1935 occupies a very important and permanent position in the constitutional history of India. The Act had endeavoured to give a written constitution to the country. Although the people of India or their representatives had no hand in the creation of this document, and it suffered from several serious drawbacks, it cannot be denied that it was on the whole and in some respects a progressive step. After centuries, the Indian got an opportunity for assuming some responsibility in running the administration of their country. Popular Ministries were formed in the Provinces be elected representatives responsible to the Legislatures. Words like Premier and Ministers were used for the first time and recognition was given to the precedence of the Premier. There were occasions when differences between the Governors and Ministers cropped up, but the Governors more or less respected the responsibilities and powers of Ministers in the Congress Provinces and did not interfere in the day to day administration. The Ministers too discharged their duties with great ability, impartiality and dedication which earn them laurels and respect. Even the British administrators were surprised and influenced by the display of administrative ability and acumen by Indian Ministers.
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