Chapter 1 · Topic 1.3 · Prelims + Mains3 of 3
Historical Background: The Government of India Act 1935
Key points
- 1935: All-India Federation (never formed), three lists, residuary with Governor-General,
- 1942 Cripps: Dominion status; 1946 Cabinet Mission: federal Union, Constituent Assembly.
Prelims box: facts and traps
| Feature | What it meant |
|---|---|
| Dyarchy at the Centre | Federal subjects split into reserved and transferred; never came into force |
| Bicameral provinces | Six of the eleven provinces: Bengal, Bombay, Madras, Bihar, Assam and the United Provinces |
| Electorates | Separate electorates extended to the depressed classes, women and labour; franchise widened to about 10% of the population |
| Institutions | Reserve Bank of India; Federal, Provincial and Joint Public Service Commissions; a Federal Court (set up in 1937) |
| Council of India | The 1858 Council of India was abolished. |
- The Act came after the Mountbatten Plan of 3 June 1947 and got royal assent on 18 July 1947.
- The three Round Table Conferences, the Communal Award of 1932 and a White Paper then led to the 1935 Act.
- The Simon Commission (appointed in 1927) had seven British members and no Indian.
- Trap (UPSC Prelims 2015, the Cabinet Mission): “It enlarged the powers of the Indian courts” is incorrect. “It provided for more Indians in the ICS” is incorrect.
- Trap (UPSC Prelims 2022, the proposals of Cripps Mission): “The Constituent Assembly would have members nominated by the Provincial Assemblies as well as the Princely States” is incorrect.
On this page (3 sections)
The Government of India Act 1935
The Simon Commission (appointed in 1927) had seven British members and no Indian. That is why Indians boycotted it: there was no Indian member in the Simon Commission. Its 1930 report proposed ending dyarchy and extending responsible government in the provinces. The three Round Table Conferences, the Communal Award of 1932 and a White Paper then led to the 1935 Act.
The people of India agitated against the arrival of Simon Commission because
- Indians never wanted the review of the working of the Act of 1919
- Simon Commission recommended the abolition of Dyarchy (Diarchy) in the Provinces
- there was no Indian member in the Simon Commission
- the Simon Commission suggested the partition of the country
Show answer
Answer: (c) · UPSC official key
The Act provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States. The Federation never came into being, because the princely states did not join. Defence and foreign affairs were reserved subjects, run by the Governor-
General with his own advisers; they were not under the federal legislature. Hence the 2024 key: statement 1 only.
With reference to the Government of India Act, 1935, consider the following statements : 1. It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States. 2. Defence and Foreign Affairs were kept under the control of the federal legislature. Which of the statements given above is/are correct ?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) · UPSC official key
Powers were split into three lists: Federal (59 items), Provincial (54) and Concurrent (36). In the Federation, residuary powers were given to the Governor-General, not to any legislature. That is option (b) in the 2018 question. Compare India today, where residuary power lies with Parliament (Art 248).
In the Federation established by The Government of India Act of 1935, residuary powers were given to the
- Federal Legislature
- Governor General
- Provincial Legislature
- Provincial Governors
Show answer
Answer: (b) · UPSC official key
| Feature | What it meant |
|---|---|
| Provincial autonomy | Dyarchy in the provinces was abolished; provinces got responsible government (ministers answerable to the legislature). In force from 1937; most Congress ministries resigned in 1939 |
| Dyarchy at the Centre | Federal subjects split into reserved and transferred; never came into force |
| Bicameral provinces | Six of the eleven provinces: Bengal, Bombay, Madras, Bihar, Assam and the United Provinces |
| Electorates | Separate electorates extended to the depressed classes, women and labour; franchise widened to about 10% of the population |
| Institutions | Reserve Bank of India; Federal, Provincial and Joint Public Service Commissions; a Federal Court (set up in 1937) |
| Council of India | The 1858 Council of India was abolished |
From Cripps to Independence: 1942–1947
Cripps Mission (March 1942). The plan of Sir Stafford Cripps envisaged that after the Second World War India should be given Dominion status, and that an elected body would frame a new constitution. Its members from the provinces were to be elected by the provincial assemblies, while the princely states would appoint theirs, so a statement that provincial members were nominated is wrong. Any Province, which is not prepared to accept the new Constitution would have the right to sign a separate agreement with Britain. The Congress rejected the offer.
The plan of Sir Stafford Cripps envisaged that after the Second World War
- India should be granted complete independence
- India should be partitioned into two before granting independence
- India should be made a republic with the condition that she will join the Commonwealth
- India should be given Dominion status
Show answer
Answer: (d) · UPSC official key
With reference to the proposals of Cripps Mission, consider the following statements : 1. The Constituent Assembly would have members nominated by the Provincial Assemblies as well as the Princely States. 2. Any Province, which is not prepared to accept the new Constitution would have the right to sign a separate agreement with Britain regarding its future status. Which of the statements given above is/are correct ?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (b) · UPSC official key
Cabinet Mission (1946). Pethick-Lawrence, Cripps and A.V. Alexander rejected a separate Pakistan and recommended a federal government: a weak Union for defence, foreign affairs and communications, with provinces in groups. It said nothing about the powers of courts or the number of
Indians in the ICS, so only statement 1 of the 2015 question is right. Its plan is how the Constituent Assembly was formed.
With reference to the Cabinet Mission, which of the following statements is/are correct? 1. It recommended a federal government. 2. It enlarged the powers of the Indian courts. 3. It provided for more Indians in the ICS. Select the correct answer using the code given below.
- 1 only
- 2 and 3
- 1 and 3
- None
Show answer
Answer: (a) · UPSC official key
Indian Independence Act, What it did 1947
| Independence | Ended British rule; India became independent on 15 August 1947 |
|---|---|
| Partition | Two independent dominions, India and Pakistan, free to leave the British Commonwealth |
| Governor-General | The office of Viceroy ended; each dominion got a Governor- General appointed by the King on the advice of the dominion cabinet |
| Constituent Assembly | Free to frame and adopt any constitution and to repeal any British Act, even the Independence Act itself; also became the dominion legislature |
| Secretary of State | Office abolished |
| Princely states | British paramountcy lapsed; the states were free to join India or Pakistan or stay independent |
| Interim law | Until the new constitutions, both dominions were governed under the 1935 Act, as adapted |
The Act came after the Mountbatten Plan of 3 June 1947 and got royal assent on 18 July 1947. Lord Mountbatten became the first Governor-General of free India, and Jawaharlal Nehru the first Prime Minister.
→ Constituent Assembly How the Cabinet Mission plan shaped the Assembly.
Mains view: was the 1935 Act federal, and what did
the Constitution owe it? Mains 2016 asked: did the Government of India Act, 1935 lay down a federal constitution? The Act had the form: a division of powers in three lists, provincial autonomy and a Federal Court to settle disputes. But the spirit was unitary. The Federation never came into being; joining was voluntary for the princes; residuary powers and wide discretionary powers sat with the Governor-General; Governors had special responsibilities; and only the British Parliament could amend the Act. A balanced answer calls it a federation in form with a unitary core.
Did the Government of India Act, 1935 lay down a federal constitution? Discuss.
Mains 2015 (GS1) asked whether the Constituent Assembly could have finished its historic task of drafting the Constitution in just three years without the experience gained with the Government of India Act, 1935. Use both sides. The Act gave a ready model and tested practice: federal lists, Governors, the Federal Court, PSCs, emergency powers, and ten years of provincial ministries. But the Assembly also added what the Act lacked: Fundamental Rights, universal adult franchise, a sovereign republic and parliamentary responsibility at the Centre.
It would have been difficult for the Constituent Assembly to complete its historic task of drafting the Constitution for Independent India in just three years but for the experience gained with the Government of India Act, 1935. Discuss.
| Taken from 1935 | Added by the | Dropped |
|---|---|---|
| Federal scheme, lists, | Assembly | Separate electorates, the |
| Governor, judiciary, PSCs, | Fundamental Rights, adult | Governor-General’s |
| emergency provisions. | franchise, DPSPs, a sovereign democratic republic. | special powers, dyarchy. |
→ India and Other Constitutions The full list of borrowed features.
Mains box: analysis and answer points
- The Federation never came into being, because the princely states did not join.
- The Act had the form: a division of powers in three lists, provincial autonomy and a Federal Court to settle disputes.
- Likely next angle: Institutions created by the 1935 Act: Federal Court, RBI, PSCs
- Asked: Mains 2016 (GS Paper II, 12.5 marks): Did the Government of India Act, 1935 lay down a federal constitution? Discuss.
Practice
Write an answer
In 150 words, explain the significance of Historical Background with one recent example.
Flashcards (4)
Did the All-India Federation of 1935 come
into being? No. The princely states did not join.
Why was the Simon Commission
boycotted? It had no Indian member.
What did the Cripps plan offer after the
war? Dominion status, and a constitution-making body.
What did the Indian Independence Act 1947
allow the Constituent Assembly to do? Frame any constitution and repeal any British Act, including the Independence Act.
Read more: related explainers
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