A

PROJECT
ON
Effects of the Government
of India Acts 1935,

[Submitted as a partial fulfillment of the requirements for B.A. LL.B (HONS) 5 Year Integrated
Course]
Session: 2019-2020

Submitted On: 30th August 2019

Submitted By: Submitted to:

MD Gholam Noorani Mr. Apurv Banerjee
Roll no- 63 Faculty-legal history
Class: I Semester (B)

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 DECLARATION

I, MD Gholam Noorani , hereby declare that this project titled “ Effects of the Government
of India Acts 1935,”is based on the original research work carried out by me under the guidance
and supervision of Mr. Apurv Banerjee. interpretations put forth are based on my reading and
understanding of the original texts. The books, articles and websites etc. which have been relied
upon by me have been duly acknowledged at the respective places in the text.
For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or in any other university.

Date: 30th August, 2019 MD Gholam Noorani

Roll No.63
Semester I-B

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 CERTIFICATE

Mr. Apurav Banerjee Date: 30th August, 2019

Faculty
University five year law college
University of Rajasthan, Jaipur

This is to certify that MD Gholam Noorani student of semester I-B of university five year law
collage, University of Rajasthan, Jaipur has carried out the project entitled “Effects of the
Government of India Act 1935” under my supervision and guidance. It is an investigation report
of a minor research project. The student has completed research in my stipulated time and
according to the norms prescribed for the purpose.

SUPERVISOR

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 ACKNOWLEDGMENT

I have written this project, “Effects of the Government of India Act 1935” under the
supervision of Mr. Apurv Banerjee, Faculty, University Five Year Law College, University of
Rajasthan, Jaipur. His valuable suggestions herein have not only helped me immensely in making
this work but also in developing an analytical approach this work.
I found no words to express my sense of gratitude for Director Dr. Sanjula Thanvi, and Dy.
Director Mr. Manoj Meena and Mr. Abhishek Tiwari constant encouragement at every step.
I am extremely grateful to librarian and library staff of the college for the support and cooperation
extended by them from time to time.
MD. Gholam Noorani

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 Table of Contents

Title……………………………………………………………………………....1
Declaration of Originality …………………………………………………….....2
Certificate ……………………………………………………………………… 3
Acknowledgements ………………………………………………………….4

Abstract ………………………………………………………………………… 5
Objectives………………………………………………………………………..6

CHAPTER – 1……………………………………………………………..7-8
CHAPTER - 2………………………………………………………………9-11
CHAPTER –3………………………………………………………………12-13

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 Abstract

The Government of India Act 1935 was the outcome of a long constitutional development. The
Act of 1935 was also itself the product of three elaborate sessions of Round table Conference,
held in London. There were several Government of India Act before the government of India Act
1935 was introduced, the Government India Act 1935 was the longest act among the acts which
have passed by the British Parliament. It had fewer than 8000 Words.

Objectives

The Government of India Act 1935 recognized the political function of the company because it
asserted for the 1 time right of parliament dictate the form of Government. It was passed to
expand participations of Indians in the Government of India.

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 Chapter -1

Introduction

The Government of India Act was passed by the British Government in the year 1935. It was one
of the lengthiest Acts at that time as it contained 321 sections and 10 schedules. Once the Act was
passed the government saw that it was too lengthy to be regulated with efficiency and thus the
government decided to divided it into two parts. For the act to function in a proper manner.

1. Th.e Government of India Act ,1935

2.The Government of Burma act ,1935

The Act gave new dimensions to the affairs of the country by the development of an all India
federation, provisional Autonomy and the removal of the diarchy. It was also the last
constitutional of British in India, Before the country was divided, in 1947, into two parts- India
and Pakistan

Government of India Act,1935 was mainly taken from the white paper of 1935, the report of
Simon commission, from the third Round table conference discussed and the joint select
committee's reports.

The Government of India Act,1935,laid down a federal form of Government for India. Prior to
this Act, the constitutional structure of government was unitary wherein the provincial
Government were derived their powers by devolution from the central Government and
discharged their functions subject to the authority of their respective legislatures under the
superintendence, direction and control of the Governor General-in- Council and ultimately of the
secretary of state for India.

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 Research methodology

The research has adopted doctrinal method research. The researcher has made a extensive use of
the available resources at the library of university of five year law college, University of
Rajasthan and also internet resource
Research Question

 What were the provisions of the Government of India Act 1935?

 What was the importance of the Government of India Act 1935?

Historical background

Since the late 19 th century the Indian leaders increasingly pressing for constitutional reforms in
India and a greater role in the Government in India. Contribution of Indians in supporting the
British during the first world war also led even the more conservation British political leaders to
acknowledge the need of constitutional change so as to expand participation of Indian empire.

The government of India Act,1919 was passed in such pursuit. The act encompassed reforms
advised in the report of the viceroy, Lord Chelmsford and the secretary of the state for India
Edwin Montagu. It initiated a dual form of Government, diarchy for the major provinces where
control of some areas of government in each such province would be under the control of
Government of ministers Who would be accountable to the provincial council. These areas
included in the “transferred list'' encompassed agriculture, education, health and supervision of
local government. On the other hand other areas of government included in the “reserved list''
consisting of foreign affairs, defense and communications would be under the viceroy's control.
However control over money still remained in the hands of the British officials.

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 Chapter-2

Salient features

Salient features of the government of India Act 1935 were as follows.

All India federation

The proposed all India federation included 11 provinces of British India,6 chief commissioners
provinces and those princely states who might accede to the federation. For princely states, the
accession to the federation was voluntary. The federation could not be established until:

• A number of states ,the rulers where of were entitled to choose not less than half of the 104 seats
of the council of state ,and

• The aggregate population where of amounted to be at least one half of the total population of all
the Indian states had acceded to the federation.

Diarchy at centre

Under this Act, the executive authority of the centre was vested in the Governor.

Governor General on behalf of the crown. The federation system of reserved and transferred
subjects. The Reserved list comprised of the subjects such as administration of defense, External
Affairs and matters related to tribal Areas. These subjects were to administered by
Governor General in his discretion with the help of three counselors appointed by him

Further, the Governor General was also responsible for the coordination of work between the two
wings and for encouragement joint deliberations between the counselors and the minister.

Provinces Autonomy

The most remarkable feature of the act was the provincial Autonomy. With the abolition of
dyarchy at provinces, the entire provincial administration was instructed to the responsible
ministers who were controlled and removed by the provincial legislatures.

The provincial Autonomy means two things. first, the provincial Government were wholly
responsible to the provincial legislatures and secondly, provinces were free from outside control
and interference in a large number of matters. This is the provincial sphere, the Act of 1935 made

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a fundamental departure from the Act of 1919.The act divided the powers between centre and
provinces in terms of three list federal list ( for centre with 59 items), provincial list (for
provinces, with 54 items),and concurrent list (for both with 36 items).

Separation of Burma

The Government of India Act 1935 contemplated the federation of the British Indian provinces
and Indian states. But for Burma, there was a separate set of events. Burma was proposed to be
separated in pursuance of the recommendation of the Indian statutory (Simon commission) whose
proposal was accepted in principle by the Government. Consequently Burma Round Table
Conference was held in London in 1932.In 1935, Burma Act was passed and separation of Burma
took place in 1937.

Establishment of federal court

The Government of India Act 1935 provided for the establishment of federal court to interpret the
Act and adjudicate disputes relating to the federal matters. It provided that the federal court
should consist of one chief justice and not more than six judges.

Extension of franchise

The act extended the franchise. This act of introduced for the first time the direct elections about
10% of the total population got the voting rights.

Abolition of Indian Council

At abolished the council of India, established by the Government of India Act 1858. The secretary
of state for India was provided with a team of advisors in its place.

Commencement of the Act

British Government replaced Lord willingdon with lord Linlithgow, who arrived in Bombay,
India on April 17,1936,was resolved to make the Act a success. The Act commenced on April
1,1937. And as mandated by it provincial elections were conduct in British India in Eleven
provinces during the winter of 1936-37.

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While the Indian National congress came to power in Eight provinces, the All India Muslim
League remained unsuccessful in forming in any provinces.

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 Chapter-3

Conclusion

The Government of India Act 1935, was one of the most important events in the History of
India.Act and round table conferences, the Government of India Act 1935, was finally
introduced.It changed the federation of India in the aspects of the structure of government,
legislation,and so on.It granted Indian provinces Autonomy and provided for establishment of
Indian federation.Direct election were introduced and the right to vote was increased.

The Government of India Act 1935, established a foothold toward the modern India.The
Government of India Act 1935 is important because ,It is one of the foundation stones of the
current Republic of India.

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 Bibliography

Books
Dr. N.V.Paranjape ,2015, Indian legal & Constitutional History, Central Law Agency

M.P.Jain,2014, Indian legal and Constitutional History,lexis Nexis

Websites

https://manupatrafast.com

https://lawteacher.net

https://www.jstor.org/stable/42743030

https://indiastudychannel.com

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