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1935 act

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Domodaram Sanjivayya National Law University

The Government of India Act 1935 established an All India Federation with a bicameral legislature. The provinces automatically joined the Federation while princely states had the option. The Federal Legislature consisted of a Federal Assembly and Council of State. Representatives were nominated from Indian states and elected from provinces. Federal powers were restricted and divided into Federal, Provincial, and Concurrent lists. Diarchy was introduced at the center with some subjects reserved for the Governor General. The Act established a Federal Court and reduced the role and authority of the Secretary of State for India.

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GOVERNMENT OF INDIA ACT 1935
• The Act provided for an All India Federation. All the provinces were to join the Indian Federation automatically. • In case of States they were given to the option to join the same or not. • The federal Legislation was to be bicameral consisting of the Federal Assembly and the Council of State.
Federal Assembly (Lower House) Council of State (Upper House) 5 years Permanent 125 from Indian States (Nomination) 104 from states (Nomination) 250 from Provinces ( Indirect election on communal line) 156 from Provinces ( Direct election on communal line) 1/3 was to retire every three years
• Federal Assembly duration was 5 years from the date of its first meeting, on the expiry of that period, it was to be dissolved automatically. • Council of State given to be a permanent body of which one third members were to retire after every three years. • The Indian State were to send 125 members to the Federal Assembly and 104 member to the Council of State. • The Provinces were to sent 250 members to the Federal Assembly and 156 members to the Council of State.
Powers of the legislature The powers of the Indian Legislature were severely restricted. There were some subjects on which neither the Federal legislature or provincial legislature could legislate. They could make any law depending on the provisions of the Government of India Act, 1935 for the benefit of British India. They did not any right to amend or abolish the provision of the 1935 Act.
• Governor General was empowered to summon a joint setting of the two House of the federal legislation on any dispute occur between two Houses.
• The functions of the Crown with regard to the Indian States were to be performed in India by his representative who was the Viceroy himself. • There was no simple division of powers between in centre and the units. Provision was made for three lists. Federal List : Provincial List: Concurrent List: Federal Government was authorized to pass law on the subjects given in their list.
• The subjects given in the Provincial list was within the exclusive jurisdiction of the Provincial legislation. • As regards the Concurrent list, both the Federal Legislation and Provincial Legislation could pass laws on the subjects given in the list. • If a law was passed by the Federal Legislation on any subject given in the concurrent list, the Provincial legislation could not make any law on the same subject afterwards. • The Act of 1935 provided for diarchy at Center. Diarchy which was abolished in the Provinces, was introduced at the center.
• Certain Federal subjects were reserved in the hands of the Governor General to be administered by him with assistance of not more than three Councilors. • The reserved subjects were Defense, External Affairs, Ecclesiastical affairs and the administration of Tribal areas. • In the administration of other Federal subjects the Governor General was to be aided and advised by a council of ministers whose member was not to extend 10. • The Federal Ministry was to administer all the Federal departments except the reserved subjects.
• In spite of composite nature of the ministry their responsibility was to be collective. The ministry was to be responsible to the Federal Legislation. • According to procedure Governor General had to work based on the advises of the Ministers. • However, Governor General, he did not always act on the advice of ministers. In certain cases he was to act in the individual judgment and he was responsible for his own decisions. • The Act provided for the establishment of a Federal Court of India with jurisdiction on Indian States and Provinces. One chief justice and two judges were appointed.
• The Act abolished the supremacy of Secretary of State of Indian Affairs. Indian officials they may or may not approach Secretary of State for advises in the administration. • There was no control from London when the Governor and the Governor General acted according to the consent of their ministers.

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1935 act

  • 2. • The Act provided for an All India Federation. All the provinces were to join the Indian Federation automatically. • In case of States they were given to the option to join the same or not. • The federal Legislation was to be bicameral consisting of the Federal Assembly and the Council of State.
  • 3. Federal Assembly (Lower House) Council of State (Upper House) 5 years Permanent 125 from Indian States (Nomination) 104 from states (Nomination) 250 from Provinces ( Indirect election on communal line) 156 from Provinces ( Direct election on communal line) 1/3 was to retire every three years
  • 4. • Federal Assembly duration was 5 years from the date of its first meeting, on the expiry of that period, it was to be dissolved automatically. • Council of State given to be a permanent body of which one third members were to retire after every three years. • The Indian State were to send 125 members to the Federal Assembly and 104 member to the Council of State. • The Provinces were to sent 250 members to the Federal Assembly and 156 members to the Council of State.
  • 5. Powers of the legislature The powers of the Indian Legislature were severely restricted. There were some subjects on which neither the Federal legislature or provincial legislature could legislate. They could make any law depending on the provisions of the Government of India Act, 1935 for the benefit of British India. They did not any right to amend or abolish the provision of the 1935 Act.
  • 6. • Governor General was empowered to summon a joint setting of the two House of the federal legislation on any dispute occur between two Houses.
  • 7. • The functions of the Crown with regard to the Indian States were to be performed in India by his representative who was the Viceroy himself. • There was no simple division of powers between in centre and the units. Provision was made for three lists. Federal List : Provincial List: Concurrent List: Federal Government was authorized to pass law on the subjects given in their list.
  • 8. • The subjects given in the Provincial list was within the exclusive jurisdiction of the Provincial legislation. • As regards the Concurrent list, both the Federal Legislation and Provincial Legislation could pass laws on the subjects given in the list. • If a law was passed by the Federal Legislation on any subject given in the concurrent list, the Provincial legislation could not make any law on the same subject afterwards. • The Act of 1935 provided for diarchy at Center. Diarchy which was abolished in the Provinces, was introduced at the center.
  • 9. • Certain Federal subjects were reserved in the hands of the Governor General to be administered by him with assistance of not more than three Councilors. • The reserved subjects were Defense, External Affairs, Ecclesiastical affairs and the administration of Tribal areas. • In the administration of other Federal subjects the Governor General was to be aided and advised by a council of ministers whose member was not to extend 10. • The Federal Ministry was to administer all the Federal departments except the reserved subjects.
  • 10. • In spite of composite nature of the ministry their responsibility was to be collective. The ministry was to be responsible to the Federal Legislation. • According to procedure Governor General had to work based on the advises of the Ministers. • However, Governor General, he did not always act on the advice of ministers. In certain cases he was to act in the individual judgment and he was responsible for his own decisions. • The Act provided for the establishment of a Federal Court of India with jurisdiction on Indian States and Provinces. One chief justice and two judges were appointed.
  • 11. • The Act abolished the supremacy of Secretary of State of Indian Affairs. Indian officials they may or may not approach Secretary of State for advises in the administration. • There was no control from London when the Governor and the Governor General acted according to the consent of their ministers.