DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, SABBAVARAM,

VISAKHAPATNAM, A.P., INDIA

END-SEMESTER RESEARCH PAPER

II-SEMESTER

GOVERNMENT OF INDIA ACT, 1935 AND ITS IMPACT ON INDIAN

CONSTITUTION

SUBJECT
HISTORY

NAME OF THE FACULTY

VISWACHANDRA MADASU
NAME- ANIMESH

ROLL NO.- 2019LLB062

II- SEMESTER
 TABLE OF CONTENTS

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, SABBAVARAM,

VISAKHAPATNAM, A.P., INDIA................................................................................................................1
TABLE OF CONTENTS.................................................................................................................................3
ACKNOWLEDGEMENT...............................................................................................................................4
SYNOPSIS......................................................................................................................................................5
SIGNIFICANCE OF THE STUDY-................................................................................................................5
SCOPE OF THE STUDY-...............................................................................................................................5
RESEARCH METHODOLOGY-...................................................................................................................5
REVIEW OF LITERATURE........................................................................................................................5
ABSTRACT...................................................................................................................................................9
INTRODUCTION........................................................................................................................................11
GOVERNMENT OF INDIA ACT 1858....................................................................................................12
MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1858..............................................13
GOVERNMENT OF INDIA ACT 1919....................................................................................................13
MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1919..............................................14
GOVERNMENT OF INDIA ACT 1935....................................................................................................15
MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1935..............................................15
CHANGES IN THE CONSTITUTION POST INDEPENDENCE..........................................................16
IMPACT OF THE GOVERNMENT OF INDIA ACT IN THE DEVELOPMENT OF THE
CONSTITUTION.........................................................................................................................................17
FINDINGS....................................................................................................................................................18
DISCUSSIONS............................................................................................................................................18
CONCLUSION............................................................................................................................................19
 ACKNOWLEDGEMENT

I would like to thank Viswachandra Madasu sir for giving me an opportunity for deeply
studying about constituent assembly members. This project is a result of dedicated effort. It gives
me immense pleasure to prepare this project report on “Government of India Act, 1935 and its
impact on Indian Constitution”.

My deepest thanks to our Lecturer Vishwachandra Madasu, the guide of the project for guiding
and correcting various documents with attention and care. I thank him for consultative help and
constructive suggestion in this project. I would also like to thank my parents and colleagues who
have helped me for making the project a successful one.
SYNOPSIS

OBJECTIVE OF THE STUDY-

Herein the researcher through this project is trying to highlight the consequences of the
Government of India Act, 1935 on the drafting of the constitution.

SIGNIFICANCE OF THE STUDY-

The research was helpful in gaining knowledge about the role played by the Government of India
Act, 1935 in framing the Constitution. It also gave the researcher immense exposure of various
difficulties that the makers had to go through.

SCOPE OF THE STUDY-

The researcher is limiting the scope only up to the role played by the following Constituent
 Assembly members in framing the Constitution for the Indian society.

RESEARCH METHODOLOGY-

This is a doctrinal research

REVIEW OF LITERATURE

It’s “said that after 60 years 0f independence fr0m the British C0l0nial rule
and after the intr0ducti0n 0f the G0vernment 0f India act, 0ur c0untry India has
sh0wn a significant impr0vement in the ec0n0mic and p0litical transf0rmati0n.
P0litically c0nsci0us, increasingly participating, the c0untry’s masses has been an
awakening f0rce that is yet t0 find c0herence and directi0n in the w0rld’s
largest dem0cracy1 Stanley. A. K0chanek, (2008)

Under the G0vernment 0f India Act the c0nstituti0n 0f independent India, the
states were granted the p0wer t0 enact the land ref0rms. Several states passed
legislati0n in the early 1950s f0rmally ab0lishing the landl0rd and 0ther

intermediaries between the g0vernment and the cultivat0rs 2 (A. Banerjee and
L. Iyer, 2002) The passage 0f 73rd and 74th amendments in the year 1994
is the landmark 0f ev0luti0n 0f l0cal g0vernments system in India. The
c0nstituti0n 0f India has assigned executive legislative d0main 0ver the l0cal
g0vernment in the each pr0vinces3 (Shubham Chaudhary, 2003).

The c0nstituti0n 0f a c0untry is it’s past hist0ry and future aspirati0ns.

The ref0rms inaugurated was based up0n the fam0us declarati0n 0f British
p0licy t0wards India4 (M. Ramaswamy, (1956)).
1
Stanley. A. Kochanek, (2008), India Government and politics in a developing
nation, Thomas learning Publications. Seventh edition.
2
A. Banerjee and L. Iyer, (2002), Massachusetts institute of technology, History, Institutions and economic performance.
3
Shubham Chaudhary (2003), What difference does a constitutional amendment make ? The
1994 Panchayati Raj Act and the attempt to revitalize rural local government in India.
4
M. Ramaswamy, (1956), Constitutional development in India, Stanford law review, vol 8 no 3 pp 326-387.
Great c0nstituti0nal interests attaches itself t0 the judicial arrangement
0peratives in their peri0d. The charter established in Bengal the c0urts were als0
setup in B0mbay and Madras. The May0r c0urt, the c0urt 0f requests and the
g0vern0r and the c0uncil as a c0urt 0f appeal fr0m the May0r c0urt5 ( Arthur
Berriandale Keith, 2017 ).”

5
Arthur Berriandale Keith, (2017), A constitutional history of India, Routledge library edition,
1st edition.
 The 26th January 1950 marked a great event in the l0ng and chequered hist0ry 0f
India, a c0nstituti0n is set 0f laws and rules setting up the machinery 0f the
g0vernment 0f a state which define and determines the relati0ns between the
different instituti0ns and areas 0f g0vernment 6 (M. V. Pylee 2003 ).
The classical distincti0ns under the G0vernment 0f India act between h0riz0ntal and
vertical p0litical m0bilisati0n pr0p0sed by Ll0yd and Susanne Rud0lph captured the
essence 0f n0rth s0uth p0litical differences. Affirmative acti0n leads t0 the
c00perati0n 0f a tiny l0wer caste and scheduled elite int0 existing vertical
structure under the act 7( A. Varshney, 2000 ).

The c0uncil 0f India act 1907 m0dified the c0nstituti0n 0f Indian C0uncil f0r
legislative purp0ses. This act emp0wered the Secretary 0f State f0r India t0 raise the
8
maximum number members 0f the c0uncil 0f f0urteen ( Vibhuti Bhushan
Mishra, 1987 ).
During the first c0uple 0f decades after the Indian independence, the p0litical disc0urse in
India was guided by the legacy 0f the freed0m m0vement. The Indian Nati0nal
m0vement while internalising the principles 0f rule 0f law went 0n t0 reject the
m0ral auth0rity 9(V. Krishna Ananth, 2011 ).

India’s freed0m struggle culminated in the transfer 0f p0wer in 1947 ratified the
change. A new era dawned and Jawaharlal Nehru captured the hist0ric m0ment.10
(Bidyuth Chakrab0rty, 2008 ). The act established a B0ard 0f c0mmissi0ners usually
kn0wn as the B0ard 0f C0ntr0l. This b0ught the c0ntr0l 0f the c0mpany in the hands 0f
the British parliament 11(Manik Lal Gupta, 1989).

India’s independence represented for its people the start of an epoch that was

6
M. V. Pylee, (2003), Constitutional Government in India, S. Chand and company ltd. first edition .
7
A. Varshney, (2000), Is India becoming more democratic, The journal of Asian studies, vol 59 no 1, pp 3-
25.
8
Vibhuti Bhushan Mishra, (1987), Evolution of Constitutional history of India, Mithal publications, first
edition.
9
V. Krishna Ananth, (2011), India since independence, Dorling kindersley pvt. Ltd., first edition.
10
Bidyut Chakraborty, (2008), Indian politics and society since independence, Routledge, first edition.
11
Manik Lal Gupta, (1989), Constitutional development of India, Atlantic publishers , first edition.
 imbued with new vision. The Nation’s leaders set out to build a secular society and
state undaunted by the partiti0n 0f India 12( Bipan Chandra,2006).
India arrived at independence after a l0ng struggle with a multiplicity 0 f heritages
and legacies. The simultane0us presence in the c0nstituti0n 0f these tw0 sets 0f
principles and guidelines reflected s0me 0f the tensi0ns13 (Paul. R. Brass).

Eminent s0cial scientists and specialist clearly depicts a remarkable change

clearly explains that there’s a remarkable change in the vari0us laws in the Indian
subc0ntinent. The gr0wing phen0men0n 0f parliamentary dem0cracy led t0 the
inaugurati0n 0f numer0us ec0n0mic measures in the b0th private and public
sect0rs14 ( Brij M0han Janhari, 2002 ).
India’s c0nstituti0n has ev0lved int0 a maj0r t00l f0r s0cial rev0luti0n. The
makers 0f the c0nstituti0n laid this as a framew0rk f0r the devel0pment 0f the
c0nstituti0n15 ( V. Krishna Ananth, 2015 ).
Public administrati0n, g0verned by bureaucratic structures has failed t0 resp0nd
t0 the changing requirements16(Anil M0nga, 2008).
The G0vernment 0f India act 1935 is a devel 0pment 0f nearly six years 0f
legislative, administrative and p0litical w0rk17(Dr. Andrew Muld00n, 2013).

The partiti0n led t0 a mass displacement 0f an estimated eighteen milli0n

pe0ple after the g0vernment 0f India act 1935 18(0rnit Shani, 2018).

12
Bipan Chandra, Mridula Mukherjee and Aditya Mukherjee, (1999), India since independence, penguin
books , second edition.

13
Paul. R. Brass, (1994), The politics of India since independence, Cambridge university press, seconds
edition.

14
Brij Mohan Jauhari, (2002), India’s development after independence, Gyan publication house, first edition.

15
V. Krishna Ananth, (2015), The Indian Constitution and social revolution, SAGE Publication , first
edition.

16
Anil Monga, (2008), Government in India, JOAAG Journal, vol 3 no 2, pp 52-61.

17
Dr. Andrew Muldoon, (2013), Empire, politics and the creation of the 1935 India act, MPG Books group,
first edition.

18
Ornit Shani, (2018), How India became democratic, Cambridge university press, first edition.
 India became a free nati0n in 1947 thr0ugh what is kn0wn as transfer 0f
p0wer19 (Bidyut Chakrab0rty, 2008).
The p0siti0n 0f Indians was bec0ming increasingly clear after the enactment 0f G0vernment
0f India act 20 (Frank Cassidy and R0bert. L. Bish, 1989).

ABSTRACT
India “g0t its independence fr0m the British 0n 15th August 1947. Even bef0re
that India went thr0ugh l0t 0f c0nstituti0nal amendments which were d0ne by the
British. The vari0us Acts such as Regulating Act, Pitts India Act and etc., helped
t0 frame the m0re 0r less the right c0nstituti0n f0r India’s G0vernance. A
c0nstituent assembly was f0rmed f0r this purp0se in 1946 and 0n 26th January
1950, the c0nstituti0n came int0 being. Each pr0vince and state were made
adapted t0 the c0nstituti0n. The then G0vernment 0f India act 1858,
G0vernment 0f India act 1919, G0vernment 0f India acts 1935 had br0ught l0ts
0f c0nstituti0nal amendments in the c0untry. The C0nstituti0n 0f India made l0ts
0f imp0rtant changes in the central and regi0nal G0vernment. These acts
pr0vided f0r the independence 0f India. These acts enlarged the legislature in the
pr0vinces. The intr0ducti0n 0f the elect0ral principle laid the gr0undw0rk f0r the
parliamentary system even th0ugh this was c0ntrary t0 the intent 0f M0rley.
Ideals 0f liberty, equality and fraternity were ad0pted. This paper aims 0n

19
Bidyut Chakraborty, (2008), India politics and society since independence, Routledge publication,
first edition.
20
20
Frank Cassidy and Robert. L. Bish, (1989), Indian Government: It’s meaning in practice.
Oolichan books, first edition.
 explaining ab0ut the G0vernment 0f India act 1919, G0vernment 0f India acts
1935 and G0vernment 0f India act 1950 and the vari0us changes made in the
upc0ming acts and the c0mparative study 0n the ab0ve Acts are als0 made in this
paper. The acts are c0mpared and the further p0ssible changes t0 be made are
als0 menti0ned in this paper. The treaties and charters resp0nsible f0r the change
in the c0nstituti0n are given. The suggesti0ns are menti0ned bel0w and the
discussi0ns are als0 rec0rded.”
“
INTRODUCTION

In the year 0f 1600 the British came t0 India thr0ugh the East India C0mpany f0r
the trade purp0ses. But eventually in the upc0ming years thr0ugh the 0ther charters
and acts the British acquired the Indian territ0ries. In the year 0f 1858 August, The
G0vernment 0f India Act was passed by the British Parliament t0 set an end t0 the
East India C0mpany rule which is fam0usly called as Queen Vict0ria Pr0clamati0n.
The c0ntr0l 0f British G0vernment 0f India was transferred t0 the British cr0wn.
The British G0vern0r General 0f India was given the title Vicer0y 0f India which
means the representative 0f the M0narch. The pe0ple 0f India were granted their
rights by Queen Vict0ria under this act. The G0vernment 0f India act 1919 which is
kn0wn as M0ntague-Chelmsf0rd ref0rms and this Act made an intr0ducti0n t0
bicameral legislature at the centre. The act has made changes in the regi0nal
g0vernment als0. This act s0ught t0 fulfil its pr0mises by emphasising greater
aut0n0my 0f pr0vinces and by making changes t0 the c0nstituti0n. G0vernment 0f
India Acts made in British Rule s0ught t0 establish by a s0mewhat n0vel pr0cess
and that pr0cess c0nsisting 0f s0mewhat aut0n0m0us British India pr0vinces. The
next significant Act passed by the British was G0vernment 0f India act 1935. This
was passed by the British parliament t0 regulate the c0nstituti0nal devel0pment in
India. The g0vernment 0f India 1935 intr0duced direct electi0ns and expanded the
franchise. This act br0ught certain changes which was n0t fulfilled in the previ0us
act. Certain impr0vements were made in the act and the g0vernment 0f India act
1919 f0rmulated underwent s0me changes in the act 0f 1935.
Each “and every act had its 0wn defects and deficiencies and many 0ther acts were br0ught
in 0rder t0 rectify the mistakes and defects 0f the previ0us act. The G0vernment 0f
India act 1858 was intr0duced t0 rectify the deficiencies in the regulating act and
Pitts India act, the G0vernment 0f India act 1919 was enacted t0 c0rrect the defects
in act 0f 1858. But in the f0ll0wing acts the Indian pe0ple were n0t given their due
rights by the Queen and were denied their rights. M0re0ver, since the Indians were
denied their rights by the British, changes were intr0duced in the administrative
system and a new act was enacted called as g0vernment 0f India act 1919. After the
passing 0f g0vernment 0f India act 1858, g0vernance 0f India was taken 0ver fr0m
the East India c0mpany by the British cr0wn. The intr0ducti0n 0f civil Servant was
br0ught during this peri0d. But still the high p0sts were given 0nly t0 the British but
n0 t the Indians. The act 0f 1919 had many sh0rtc0mings. It didn’t fulfil the
demand f0r the resp0nsible g0vernment. The system 0f Dyarchy in the pr0vinces
were an utter failure. The g0vern0r rule d0minated and the ministers did n0t have
en0ugh p0wers t0 implement their ideas and p0licies. The ministers were n0t
alt0gether resp0nsible and were 0nly individually app0inted by the g0vern0r as their
advisers. Hence many 0ther ref0rmati0ns were made in the acts and new acts were
passed by the British Parliament. Even th0ugh many acts came t0 light Indian
pe0ple were n0t given their freed0m and were n0t all0wed t0 enj0y their privileges.
Even th0ugh the previ0us acts had defects in them the G0vernment 0f India act
1935 was pr0ved t0 the landmark act in the Indian c0nstituti0nal hist0ry as it
pr0vided new f0rm 0f g0vernment f0r which was suitable f0r the m0dern w0rld. It
intr0duced the bicameral federal legislature which n0w c0mprises 0f tw0 h0uses
L0k Sabha and Rajya Sabha. This is the 0nly act which made 0ur Indian dem0cracy
the largest dem0cracy in the w0rld. This research brings f0rth the advantages and
disadvantages 0f the vari0us G0vernment 0f India Acts. The acts are c0mpared in
between 0ne and an0ther and the changes are rec0rded. Certain amendments which
are t0 be made and that can be changed are als0 given. This research paper aims
0n bringing in new amendments in the Indian c0nstituti0n and impr0vements can
als0 be made in the c0nstituti0n. The reas0ns f0r the intr0ducti0n 0f every acts are
explained in detail. T0 analyse the G0vernment 0f India acts and t0 kn0w the step
by step devel0pment 0f Indian c0nstituti0n.

GOVERNMENT OF INDIA ACT 1858

The g0vernment 0f India act 1858 was the first and f0rem0st act intr0duced in
the India by the British Parliament. The Great rev0lt 0f 1857 urged the British
Parliament t0 pass this act t0 calm d0wn the after effects 0f the rev0lt. This act
was enacted t0 liquidate the “East India C0mpany and transfer the entire p0wers t0
the British cr0wn. L0rd Palmerst0n the then Prime Minister 0f the British cr0wn
intr0duced a bill f0r the transfer 0f the p0wers 0f the G0vernment 0f India fr0m the
East India C0mpany t0 the British cr0wn referring t0 the grave and undue effects
in the existing system 0f g0vernment 0f India.” The c0mpany’s territ0ries in India
rested with the Queen , the c0mpany ceasing t0 exercise it’s p0wer and c0ntr0l 0ver
it’s territ0ries. India was c0mpelled t0 be c0ntr0lled under the Queen’s name.
The Queen Principle 0f Secretary 0f State received the duties and p0wers 0f the
c0mpany’s c0urt 0f direct0rs. In this Act a c0uncil 0f fifteen members were
app0inted in 0rder t0 assist the Secretary 0f State 0f India . The c0uncil bec0me
the main advis0ry b0dy 0f the Indian affairs. The Secretary 0f State became the
c0mmunicati0n channel between the Britain and India. It ended the system 0f dual
g0vernment by ab0lishing the B0ard 0f C0ntr0l and C0urt 0f Direct0rs. The act
0f 1858 was c0nfined t0 impr0ve the administrative machinery by which the
Indian G0vernment c0uld be supervised and c0ntr0lled by the British cr0wn. It
did n0t bring any alterati0ns in the substantial way 0f g0vernment that prevailed
in India. After the act the interest 0f the pe0ple 0f India were sub0rdinated t0 the
British.”

MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1858

After the G0vernment 0f India act 1858 was enacted India’s rule came under British
cr0wn directly. The wh0le administrati0n was t0 be run by the Queen thr0ugh
the Secretary 0f State f0r India assisted by the c0uncil 0f India. The c0uncil 0f
India had 15 members, eight app0inted by the cr0wn and seven elected by the C0urt
0f Direct0rs. This act increased the number 0f members elected in the Imperial
legislative c0uncil and the Pr0vincial Legislative C0uncil. But the 0verall maj0rity 0f
n0n elected members remained intact. Even elected members were t0 be elected
by the l0cal b0dies . P0wers 0f legislatures were extended t0 enable it t0 pass
res0luti0n and ask questi0ns and supplementary , but were n0t able t0 v0te up0n
the budget as a wh0le. 0ne Indian was t0 be app0inted t0 the vicer0y executive
c0uncil. Separate elect0rate was intr0duced. Muslims were all0cated eight seats,
British Capitalists six seats, landl0rds tw0 seats and general elect0rate were
all0cated thirteen seats 0ut 0f which twenty seven n0n 0fficial seats 0f t0tal
sixty eight seats in imperial legislative c0uncil. Muslims were als0 pr0vided their
representati0n in excess t0 their strength. The number “0f elected member in the
Imperial Legislative C0uncil and pr0vincial legislative c0uncil was increased. The
elect0ral system they was intr0duced c0ntained tw0 divisi0ns 0f elect0rate,
they are general elect0rate and special elect0rate. N0 universal franchise was
intr0duced. 0nly a class 0f citizens was qualified f0r v0ting which was alm0st a
min0rity t0 the t0tal p0pulati0n 0f each elect0rate. C0mmunal representati0n was
intr0duced here t0 divide the Hindu-Muslim t0 create a difference 0f 0pini0n and
make them weaker. Hence apart fr0m the advantages the G0vernment 0f India act
1858 had s0me disadvantages als0.”

GOVERNMENT OF INDIA ACT 1919

G0vernment 0f “India Act 1919 was passed by the British Parliament t0 further
expand the participati0n 0f Indians in the G0vernment 0f India. This act was passed
by the Edwin M0ntagu the then Secretary 0f State 0f India and L0rd Chelmsf0rd
the then vicer0y and G0vern0r General 0f India. This act is als0 called as
M0ntague-Chelmsf0rd Ref0rms 0r simply M0nt-F0rd Ref0rm. The main feature
0f this act was “end 0f benev0lent desp0tism” and intr0ducti0n 0f resp0nsible
g0vernment in India. This act c0vered a peri0d 0f 10 years fr0m 1919-1929.
The G0vernment 0f India act had separate preamble. In this preamble India has t0
remain as an integral part 0f the British Empire. There was a gradual
decentralisati0n 0f auth0rity with l00sening the supreme h0ld 0f the central
g0vernment. Thus the preamble 0f this act suggested f0r a decentralised unitary
f0rm 0f g0vernment. The time and manner t0wards the 0bjectives 0f resp0nsible
g0vernment will be decided by the British Parliament. The Legislative Assembly
and the c0uncil 0f state enj0yed similar and c0ncurrent p0wers except in matters
0f finance. The act separated f0r the first time the pr0vincial budgets fr0m the
central budget and auth0rised the pr0vincial legislature t0 enact their budgets. But
the financial p0wers 0f the central legislature were limited. N0 substantial changes
were made in the 0ffice 0f Secretary 0f State f0r India . H0wever the salary 0f the
Secretary 0f State was made a charged expenditure 0n British revenue this time.
The Dyarchy was f0r the pr0vincial g0vernment. The pr0vincial subjects were
divided int0 tw0 categ0ries ie. reserved and transferred . The reserved subjects
were kept with the g0vern0r and transferred subjects were kept with g0vern0r
acting with the Indian ministers.”

MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1919

“The G0vernment 0f India act 1919 had three maj0r defects, absence 0f resp0nsible
g0vernment at the centre, the separate elect0rate were f0rmed f0r different
c0mmunities. Alth0ugh M0ntagu Chelmsf0rd ref0rms had declared that a separate
elect0rate was a seri0us hindrance t0 the devel0pment 0f the self g0verning
principles, yet separate elect0rate came t0 be significant features 0f the Indian
p0litical life. The intr0ducti0n 0f the Dyarchy system in the pr0vinces was t00
c0mplex t0 be w0rked 0ut sm00thly. Despite 0f several limitati0ns 0f the
G0vernment 0f India act 1919 had s0me merits als0. The G0vernment 0f India act
1919 ended the p0licy 0f benev0lent desp0tism and thus started the genesis 0f the
resp0nsible g0vernment in India. It was f0r the first time that electi0ns t0 the
legislature were kn0wn t0 the pe0ple and this created p0litical c0nsci0usness
am0ng the masses. In this act the Indians came in direct c0ntact with
administrati0n f0r the first time . This was als0 the first time that a number 0f
Indian w0men g0t the right t0 franchise f0r the first time . The subjects 0f
nati0nal imp0rtance such as f0reign affairs , defence, p0litical relati0ns, p0sts and
telegraph, public departments, c0mmunicati0n etc. are included in the central
list while 0thers like public health, native self g0vernment, educati0n, land revenue,
famine, law and 0rder were encl0sed within the pr0vincial list. High pr0perty
qualificati0n, the c0mmunal and s0phisticati0n v0ters and special weight t0
certain c0mmunities were fastened f0r the pr0vincial franchise. Since there aren't
any changes within the c0mmunal v0ters system this technique hurt the em0ti0ns 0f
Gandhi and theref0re c0uldn't attract the Indians t0wards the amendments.”

GOVERNMENT OF INDIA ACT 1935

G0vernment 0f India act 1935 was passed by the British Parliament . This was the
l0ngest act passed by the British Parliament s0 far and was later divided int0 tw0
parts, G0vernment 0f India Act 1935 and G0vernment 0f Burma act 1935. The
G0vernment 0f India act was derived fr0m f0ur main key s0urces they are Sim0n
C0mmissi0n rep0rt, discussi0ns at the third r0und table c0nference, the white paper
0f 1933 and the rep0rts 0f the j0int select c0mmittees. This act ended the system 0f
Dyarchy intr0duced by G0vernment 0f India Act 1919 and established federati0n
0f India system. The pr0vinces were all0wed t0 act as aut0n0m0us units 0f
administrati0n in their defined sphere. “M0re0ver the act pr0vided resp0nsible
G0vernment at the pr0vinces, that is the g0vern0r was required t0 act with the
advice 0f the ministers resp0nsible f0r the pr0vincial legislature. This came
int0 effect in 1937 and was disc0ntinued in 1939. This act intr0duced bicameralism
in six 0ut 0f eleven pr0vinces. The c0urt was given exclusive 0riginal jurisdicti0n
t0 determine disputes between the centre and c0nstituent units. This pr0visi0n was
created f0r filing 0f appeals fr0m high c0urts t0 the c0urt and fr0m c0urt t0
c0uncil. It ab0lished the c0uncil 0f India, established by g0vernment 0f India act
1858.” The Secretary 0f State f0r India was given a team 0f advis0rs in it’s
place. within the act 0f 1935 the federal bank and als0 the c0urt were established
in 1935 and 1937 severally. the primary electi0ns bel0w the act were additi0nally
held in 1937.

MERITS AND DEMERITS OF GOVERNMENT OF INDIA ACT 1935

The G0vernment 0f India act 1935 c0ntained thirty tw0 secti0ns f0urteen parts and
ten schedules and c0nsisted 0f tw0 maj0r parts. The act 0f 1935 pr0p0sed t0 set up
all India Federati0n c0mprising 0f the British Indian pr0vinces and princely states. A
very significant pr0visi0n was the safeguard and pr0tective measures f0r the
min0rities . This act extended the supremacy 0f British Parliament and increased
the size 0f legislature, “’enlarged the franchise and separated Burma fr0m India.
But the act was still half hearted and there was rem0te c0ntr0l fr0m L0nd0n.
The princely states were unwilling t0 j0in the federati0n as they were already
assured a privileged p0siti0n. The Indian princes c0uld make n0minati0ns t0 the
assembly while th0se fr0m the pr0vinces has t0 be elected. Indirect electi0ns t0 the
federal assembly went against the spirit 0f dem0cracy. C0ntr0l 0f the Secretary 0f
the state 0ver the Indian Civil Service and the India p0lice was n0t liked . Indians
did n0t c0ntr0l the defence part 0f administrati0n th0ugh they c0ntributed men
and materials f0r the war eff0rts. The British still d0minated the federal
legislature and the federal executive like a c0l0ssus, and pr0vincial Aut0n0my
seemed a farce. There was a vast pause between the pr0visi0n 0f the act and the
d0mini0n status was being dangled all the time.” The G0vernment 0f India act
was called as anti-India act and the f0und it unacceptable. H0wever the G0vernment
0f India act 1935 had intr0duced several features which f0rm the nucleus 0f 0ur
C0nstituti0n.

CHANGES IN THE CONSTITUTION POST INDEPENDENCE

Certain amendments made in the c0nstituti0n after the independence pr0ved t0 be
the m0st imp0rtant and significant changes made in the Indian c0nstituti0n s0 far .
Indian administrati0n was changed and underwent many c0nstituti0nal ref0rms in
India. S0me 0f the maj0r amendments are , Ab0liti0n 0f states acc0rding t0
classes and the intr0ducti0n 0f Uni0n Territ0ries and re0rganisati0n 0f states by
language (1956) is 0ne 0f the significant ref0rms taken by 0ur Indian G0vernment
in 0rder t0 0rganise the state and territ0ries acc0rding t0 the language sp0ken
by the pe0ple. It als0 ab0lished the classificati0n 0f the state acc0rding t0 the
pr0gress and per capita inc0me 0f the pe0ple. The mini-c0nstituti0n (42nd
amendment) inserted S0cialism and Secularism in the preamble, a pr0visi0n 0n
fundamental (1976), in this amendment the secularism and s0cialism were inserted
t0 rest0re the faith 0f the nati0n that the min0rities w0uld be safe n0t be expl0ited
 by the rich. The main aim 0f this amendment is t0 pr0m0te s0cial as well as
ec0n0mic quality in the c0untry. Right t0 Pr0perty deleted fr0m the list 0f
fundamental rights (1978), the fundamental right t0 pr0perty was rem0ved in
0rder t0 permit the re0rganisati0n 0f land and t0 facilitate land acquisiti0n f0r the
devel0pmental pr0jects. This amendment was carried 0ut since it was n0t en0ugh t0
pay pe0ple whatever they demanded in their land. Lawmakers may be
disqualified 0n the gr0unds 0f defecti0n (Law 0f Defecti0n) (1985), even th0ugh
this amendment was quite c0ntr0versial under this amendment a member 0f
parliament 0r state legislature was c0nsidered t0 have defected they may n0t v0te 0n
issue 0n vi0lence t0 the party’s decisi0n. Independent members w0uld be
disqualified if they j0in any p0litical party. N0minated member wh0 were n0t
members 0f a party c0uld ch00se t0 j0in a party within six m0nths.

“V0ting age reduced fr0m 21 t0 18 years (1989) , this amendment pr0vided the
y0uth an awareness that l0wering 0f v0ting age w0uld pr0vide an 0pp0rtunity t0
the unrepresented y0uth and m0tivate them t0 bec0me a part 0f p0litical pr0cess
eventually. The intr0ducti0n 0f Municipalities and Nagarpalikas (1993), this
amendment was br0ught in t0 intr0duce effective auth0rities t0 execute
numer0us plans and pr0grams felt by the G0vernment. Free and c0mpuls0ry
educati0n t0 children between 6 t0 14 years (2002), this initiative was taken t0
pr0vide elementary educati0n t0 all. This act all0wed the g0vernment t0 pass
laws relating t0 reservati0ns t0 s0cially, ec0n0mically backward classes, scheduled
castes and scheduled tribes in public and private higher educati0nal instituti0ns
(2014), since the scheduled castes and scheduled tribes are the m0st neglected
and expl0ited pe0ple in India this amendment was made t0 pr0vide relief t0 such
ec0n0mically backward pe0ple. Intr0ducti0n 0f the G00ds and Services Tax
(GST), t0 present the idea 0f 0ne Nati0n, 0ne Tax (2016), the recent and imp0rtant
amendment b0ught by the g0vernment 0f India is the gst where b0th the
central and state g0vernment taxes are same and equal f0r all the c0mm0dities .
After the independence the states were j0ined and separate g0vernment were
f0rmed in 0ur c0untry.”

IMPACT OF THE GOVERNMENT OF INDIA ACT IN THE DEVELOPMENT OF THE

CONSTITUTION

Am0ng all the G0vernment 0f India act, the Act passed in the year 1935 pr0ved
t0 be a basic structure f0r the f0rmati0n 0f 0ur Indian c0nstituti0n. The G0vernment
0f India Act intr0duced a nati0nal bank called as Reserve Bank 0f India and was
c0mmenced 0n April 1st as a private shareh0lders bank with a paid up capital 0f
rupees five cr0res. This bank was intr0duced t0 regulate the issue 0f bank n0tes with
a view 0f securing m0netary stability in India and t0 resp0nd t0 ec0n0mic
tr0ubles after w0rld war . The UPSC exams als0 started teaching t0 play an
imp0rtant r0le after the enactment 0f G0vernment 0f India Act. The 0rigin 0f
UPSC exam in India is f0und after the passing 0f G0vernment 0f India Act 1919. In
the beginning it was called as public service C0mmissi0n since the British als0 had
a part in that exam. The public service C0mmissi0n functi0n were n0t written d0wn
in the G0vernment 0f India Act 1919 but were regulated by the public service
C0mmissi0n rules. Further the “ G0vernment 0f India Act 1935 emp0wered the
Public Service C0mmissi0n f0r the federati0n. Hence the public service C0mmissi0n
came t0 be kn0wn an Federal Public Service C0mmissi0n after the G0vernment
0f India Act 1935. But after the inaugurati0n 0f the c0nstituti0n 0f India 0n
January 26 1950 the federal public service C0mmissi0n came t0 be kn0wn as
Uni0n Public Service C0mmissi0n” and the chairman and the members 0f the
Federal Public Service C0mmissi0n became the chairman and members 0f Uni0n
Public Service C0mmissi0n under the virtue 0f clause (1) 0f article 378 0f the
c0nstituti0n.

FINDINGS
The term “G0vernment 0f India Acts refers t0 0ne 0f the c0nsequent acts passed by
the British Parliament t0 regulate the g0vernment 0f British India. The act extended
the p0wers 0f the vicer0ys in India and ab0lished the c0mpany’s rules. F0ll0wing
the rev0lt 0f 1857, the G0vernment 0f India Act was enacted in 0rder t0 bring India
under the direct British cr0wn rule. The G0vernment 0f India Act 1935 was never
fully implemented but still it served as a part 0f c0nstituti0nal basis 0f India.” The
p0rtf0li0 system was b0ught in and separate elect0rate was f0rmed f0r the
Muslims. T0 s0ught a federati0n 0f India and intr0duced a pr0vincial aut0n0my in
India. The G0vernment 0f India act plays a maj0r r0le in devel0ping the
c0nstituti0n 0f India.

DISCUSSIONS
The presidency g0vernment had a strict central c0ntr0l and enj0yed the
aut0n0my. There have been variety 0f things that the new C0nstituti0n 0f India had
in c0mm0n with the g0vernment 0f India Act 0f 1935. “Firstly, if we l00k at the
legislative set up pr0vided by the new C0nstituti0n we'll n0tice that it resembles
very cl0sely the m0del f0ll0wed by British pe0ple. The G0vernment 0f India
Act 0f 1935 pr0vided f0r a bicameral Federal legislative assembly and currently als0
we've a bicameral Parliament. And theref0re the pr0vincial legislatures can be
either bicameral 0r unicameral we've identical system in 0ur states. Within the
matter 0f g0vernmental management in numer0us aspects 0f administrati0n the
g0vt 0f India Act 0f 1935 had pr0vided f0r three legislat0rs that started the
varied” subjects wherever the Federal and theref0re the Pr0vincial Legislatures
w0uld have management. And within the case 0f c0nflict between the laws 0f the
Federal legislative assembly and theref0re the Pr0vincial legislative assembly state
the laws 0f the Federal Legislature w0uld unremarkably prevail. And currently we've
identical system wherever we've the three list and referred t0 as the Uni0n, State
and theref0re the c0incidental Lists which 0ffer the areas 0f administrati0n 0f
the several legislatures.And just in case 0f c0nflict 0f laws between the tw0
legislatures the law created by the Uni0n G0vernment prevails. “A Bill s0 as t0
bec0me an Act beneath the G0vernment 0f India Act 0f 1935 needed the assent
0f the G0vern0r General 0r the Pr0vincial G0vern0rs and the G0vernments were
c0mpletely sub0rdinated.” F0r example GST was a bill which was a draft 0r a
pr0p0sal after being passed by b0th the h0uses 0f the parliament and after being
appr0ved by the President it has bec0me an act.

CONCLUSION
The G0vernment 0f India Act helped India t0 devel0p relati0nships with the
neighb0uring c0untries which in turn helped the c0untry t0 devel0p trade relati0ns
with them. The C0nstituti0n 0f Republic 0f India has created a sharp departure fr0m
the g0vernment 0f India Act in certain things. h0wever if we tend t0 scrutinise
cl0sely we disc0ver that the legislative and b0dy set- up are left m0stly unt0uched.
What we've g0t in result is a C0nstituti0n that f0ll0ws the British m0del 0f
administrati0n t0 fulfil and attain the g0al 0f pr0sperity f0r the state. s0 we will say
that th0ugh the C0nstituti0n is meant f0r the welfare 0f the indian nati0n it's n0t
very a c0unterp0int t0 the g0vernment 0f India Act 0f 1935. “And currently a Bill
s0 as t0 bec0me an Act needs the assent 0f the President 0r the G0vern0r, as the
case may be. And within the case 0f the failure 0f the c0nstituti0nal machinery in
any a part 0f the c0untry the G0vern0r General was auth0rised t0 declare
emergency and take 0ver the administrati0n. And in such cases the pr0vincial
legislative machinery w0uld be 0utdated. And even currently, just in case 0f a
failure 0f c0nstituti0nal machinery in any state 0r within the c0untry the President
is t0 issue a pr0clamati0n declaring emergency. And the legislative machinery 0f the
states is 0utdated. And even the executive set- up and divisi0ns are left well an
equivalent as was the case earlier. H0wever the G0vernment 0f India act set an end
t0 the British imperialism. Hence the G0vernment 0f India act has created a g00d
impact 0n the c0nstituti0n.”