Government of India Act, 1935 & constitutional Development in India

IAS Mains General Studies Sample Answers

Government of India Act, 1935: mark a point of no return in the history of constitutional development in India?


Constitutional development can be traced back to about 1861 Act or if we go back, yet, to the regulating Act of 1773 in India. But constitution of India with or without some modification adopted some important provisions from Act of 1935. All India Federation including all provinces at that time under the paramountcy of the British Crown was established with this Act, and the same was the aim of our constitution. The Governor-General was to administer federal subjects with the assistance and advice of a council of ministers.

These ministers were to be chosen from the federal legislature and were responsible to it. Our constitution of India provides the same mechanism under the President of India. Both at the centre and the province, this Act introduced responsible government, which is same in our constitution also. Dyarchy, the type of government, which was established in the provinces by the Act of 1935, which remained same in constitution of India. Provinces were made autonomous in their respective subjects. Out states are autonomous too now by the authority under constitution.

A federal court at Delhi was established under the Act of 1935. Now the Supreme Court of India is established under constitution of India, which has same powers and functions as of federal court. The Reserve Bank of India was established under the Act of 1935, which remains same in constitution of India. Provision of lists were introduced in the Act of 1935. Separation of power was made between the centre and provinces. Constitution of India also provide for three lists, diving power between centre and state Governments. All these provisions were so important that these can not be ignored and constitution of India adopted them; though not in whole but some of them. Thus, we can say that the Government of India Act, 1935 mark a point of no return in the history of constitutional development in India.

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