UPSC Mains 2016 GS Paper 2 Q7: model answer
Did the Government of India Act, 1935 lay down a federal constitution? Discuss.
What the question wants
Discuss whether the Government of India Act, 1935 created a truly federal constitution.
How to structure it
Did ... Discuss: federal features, unitary features, verdict, and its legacy.
- Background
- Federal features
- Limitations
- Verdict
- Legacy
How to think it through
The 1935 Act promised a federation but its federal part never came into force, because the princes would not join. A federation on paper with a big 'pending' stamp on it. That's the twist examiners want.
Model answer
The Government of India Act, 1935 was the longest Act the British Parliament had passed, with 321 sections and 10 schedules, yet its federation never came into existence.
Federal features
- An All-India Federation of British provinces and princely states.
- Three lists of subjects: Federal (59), Provincial (54) and Concurrent (36).
- Provincial autonomy from 1937: elected ministries in provinces.
- A Federal Court (1937) to settle disputes between units.
- Bicameral federal legislature, with a Council of State and a Federal Assembly.
- A Federal Railway Authority to run railways outside day-to-day ministerial control.
Why it was not truly federal
- The federation depended on princely states acceding; they never did, so it never came into force.
- Residuary powers went to the Governor-General.
- Governors and the Governor-General had special responsibilities and discretionary powers to override ministers.
- Princes nominated their members while provinces elected them, an unequal union.
- No sovereignty for units; the British Parliament could amend the Act.
- Dyarchy at the centre kept defence and foreign affairs under the Governor-General.
Verdict
It created a federal framework with a unitary spirit, better described as quasi-federal, and under British control.
Legacy
About 250 provisions of the Constitution draw on it: the three lists, the Federal Court, emergency powers, the Governor's role and public service commissions. Nehru called it a 'charter of slavery'; yet the framers borrowed its machinery while changing its spirit.
Draw: Table: federal features versus unitary features.
Keywords, cases and data to drop in
GoI Act 1935, All-India Federation, three lists, provincial autonomy, Federal Court 1937, residuary powers, quasi-federal.
Where most answers lose marks
- Confusing provincial autonomy (implemented) with the federation (never implemented).
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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