Did the Government of India Act, of
1935 lay down a federal constitution?
Discuss.
Did the Government of India Act, of
1935 lay down a federal constitution?
Discuss.
Subject: Indian Polity
The Government of India Act 1935 was a landmark legislation that introduced several constitutional reforms and served as a significant blueprint for India's post-independence Constitution. The Act attempted to establish a quasi-federal structure while maintaining strong central control through various provisions.
Federal Features of the Act
- Introduced the concept of Division of Powers between the centre and provinces through three lists - Federal, Provincial, and Concurrent Lists.
- Established Provincial Autonomy by granting legislative powers to provinces in their designated spheres.
- Created a Federal Court as the predecessor to today's Supreme Court to adjudicate disputes between federal units.
- Provided for a Bicameral Legislature at the federal level, resembling federal systems worldwide.
Non-Federal/Unitary Features
- Maintained strong Central Control through the institution of Governor-General who held extensive discretionary powers.
- Emergency Provisions allowed the centre to assume control of provinces during emergencies, undermining provincial autonomy.
- Financial Dependence of provinces on the centre through various fiscal controls and allocation mechanisms.
- Dyarchy at Centre with reserved subjects under direct British control weakened genuine federal character.
Reasons for Limited Federalism
- Political Context: British reluctance to grant complete autonomy during colonial rule.
- Administrative Control: Need to maintain unified control over diverse princely states and provinces.
- Security Concerns: British desire to maintain strategic control over defense and external affairs.
- Integration Challenges: Difficulty in bringing together diverse princely states under a federal framework.
The Government of India Act 1935, while introducing federal elements, established more of a quasi-federal structure with strong unitary features. This influenced India's post-independence Constitution, which adopted a similar approach of "federation with unitary bias". The Act's legacy continues in modern India's constitutional framework through institutions like the Supreme Court, division of powers, and emergency provisions, making it a crucial milestone in India's constitutional evolution.
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