UPSC Previous Year Question | Mains GS2 | 2016

Did the Government of India Act, 1935 lay down a federal constitution? Discuss. (Not more than 200 words)

Answer

Introduction

The Government of India Act, 1935 contained a proposed federation of British Indian provinces and princely States, but that federation never came into operation because the required participation of princely States did not materialise.

Federal Features

Federal features

  • It envisaged a division of legislative powers through federal, provincial and concurrent lists.
  • It provided a Federal Court, bicameral federal legislature and provincial autonomy.
  • Relations between the federation and units were constitutionally distributed rather than wholly unitary.
  • Provincial governments obtained greater responsibility, and responsible government operated more fully at the provincial level.

Limits Of Colonial Federation

Why it was not a complete federal constitution

  • The Governor-General retained wide discretionary and special responsibilities, including emergency and financial powers.
  • Executive authority was not fully responsible to a federal legislature; safeguards protected imperial interests.
  • Provincial autonomy was constrained by Governors' powers and the colonial administrative hierarchy.
  • Therefore the Act laid down a federal scheme in design, but not an operational, democratic federation. Its institutions nevertheless influenced the constitutional architecture adopted after independence.

Keywords

Keywords: Government of India Act 1935; provincial autonomy; federal scheme; Governor-General; legislative lists; Federal Court.

Topics: colonial constitutional arrangements, constitutional history, government of india act 1935, polity and governance