Did the Government of India Act, of
1935 lay down a federal constitution?
Discuss.

GS 2
Indian Polity
2016
12.5 Marks

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.

Answer Length

Model answers may exceed the word limit for better clarity and depth. Use them as a guide, but always frame your final answer within the exam’s prescribed limit.

In just 60 sec

Evaluate your handwritten answer

  • Get detailed feedback
  • Model Answer after evaluation
Evaluate Now

Crack UPSC with your
Personal AI Mentor

An AI-powered ecosystem to learn, practice, and evaluate with discipline

Start Now
SuperKalam is your personal mentor for UPSC preparation, guiding you at every step of the exam journey.
Follow us

ⓒ Snapstack Technologies Private Limited