Mains Marathon

Approach

• Briefly introduce the Government of India Act, 1935.
• Assess the enduring legacies of the Act.
• Conclude with a scholarly remark.

Introduction

The Government of India Act, 1935 was the most extensive and detailed legal document framed by the British for colonial India. Though never fully implemented, it served as a foundational template for India's Constitution after independence. While the Constituent Assembly of India sought to reject colonial subjugation, several features of the 1935 Act were retained for their administrative utility and structural coherence.

Body

Enduring Legacies in Administrative Structure

• All India Services:
  • The 1935 Act continued the tradition of a centralized, professional civil service through the ICS.
  • Post-Independence, this legacy was carried forward with the creation of IAS, IPS, and IFoS, emphasizing administrative continuity and national unity.
• Office of the Governor:
  • The role of provincial Governors in the 1935 Act was retained, although adapted for a constitutional, ceremonial framework.
  • However, the Governor’s discretionary powers remain a contentious legacy, often criticized for central overreach.
• Provincial and Central Bureaucracy:
  • The hierarchical, rule-based administrative culture introduced under British rule persisted in post-independence governance, shaping India's steel frame of administration.

Federal Structure

• Three Lists of Subjects:
  • The 1935 Act introduced the division of powers into Federal, Provincial, and Concurrent Lists.
  • The Indian Constitution retained this under the Seventh Schedule—as Union, State, and Concurrent Lists—providing the structural foundation of Indian federalism.
• Strong Centre:
  • Like the 1935 Act, the Constitution vested significant powers in the Centre—especially regarding legislation, taxation, and emergency provisions.
  • The quasi-federal nature of India’s polity reflects this enduring centralization.
• Emergency Provisions:
  • The concept of Centre assuming control in exceptional situations, as allowed under the 1935 Act, was deepened under Articles 352–360.

Critical Departures from the 1935 Act

• Sovereign and Responsible Government:
  
  • The 1935 Act envisaged limited autonomy, with ultimate authority resting with the British Crown.
  • India’s Constitution replaced this with Parliamentary democracy, where executive accountability to the legislature is foundational.
• Abolition of Diarchy:
  • The Act applied diarchy at the Centre (dividing subjects into Reserved and Transferred).
  • The Constitution abolished this, establishing complete responsible governance at both Union and State levels.
• Fundamental Rights and Judiciary:
  • The 1935 Act had no mention of Fundamental Rights or judicial review.
  • The Constitution embedded justiciable Fundamental Rights, an independent judiciary, and judicial activism, ensuring a rights-based democratic order.

Conclusion

While the Government of India Act, 1935, provided a structural foundation, the Constitution of India infused it with democratic values, popular sovereignty, and social justice. As Subhash C. Kashyap notes:

“The Indian Constitution is not merely a continuation of the British regime’s legal framework, but a bold assertion of the people’s will to govern themselves democratically.”