Government of India Act, 1935

 Okay, here are the notes based on the lecture about the lead-up to and key features of the Government of India Act, 1935:

Background: From Round Table Conferences (RTCs) to the 1935 Act

1. Round Table Conferences (RTCs):

   • Three RTCs were held in London.

   • Discussed the Simon Report, Nehru Report, and Jinnah's 14 Demands.

2. White Paper (1933):

   • The summary (సారాంశం) of discussions from all three RTCs was published as a White Paper.

3. Parliamentary Review:

   • The White Paper was discussed in the British Parliament.

   • A Parliament Standing Committee was formed for detailed discussion.

   • Chairman: Lord Linlithgow.

4. Basis for the 1935 Act: The Government of India Act, 1935 was primarily based on:

   • Simon Commission Report

   • Nehru Report

   • Jinnah's 14 Points

   • White Paper (1933)

   • Linlithgow Committee Report

Government of India Act, 1935 - Key Features & Facts

1. Significance:

   • The longest and most detailed act passed by the British Parliament for India.

   • Contained 321 Sections and 10 Schedules.

   • Became the main source (~70%, approx. 247 provisions) for the Constitution of independent India. Adopted "as is" (యధాతధంగా) or with modifications.

   • The Act came into force in April 1937.

2. Viceroy: Lord Willingdon (వెల్లింగ్టన్) was the Viceroy when the Act was passed (not Lord Irwin).

3. All India Federation (అఖిల భారత సమాఖ్య):

   • Proposed a federation consisting of British Indian Provinces and Princely States (సంస్థానాలు).

   • Joining was mandatory for Provinces but optional (ఐచ్చికం) for Princely States.

   • Failed to materialize because the required number of Princely States did not join.

4. Division of Powers (అధికారాల విభజన): Introduced a three-list system for legislative subjects:

   • Federal List: (Central subjects) - 59 items. Only Federal legislature could make laws.

   • Provincial List: (State subjects) - 54 items. Only Provincial legislatures could make laws.

   • Concurrent List (ఉమ్మడి జాబితా): - 36 items. Both Federal and Provincial legislatures could make laws. (Federal law prevailed in case of conflict). This was a new addition compared to the 1919 Act.

   • Residuary Powers (అవశిష్ట అధికారాలు): Vested with the Viceroy / Governor-General.

5. Dyarchy (ద్వంద్వ ప్రభుత్వం):

   • Abolished at the Provincial level (where it was introduced by the 1919 Act).

   • Introduced at the Center (Federal Level). This involved a dual executive: Viceroy's Executive Council and Indian Ministers.

   • Central Dyarchy also failed to come into effect as the Federation itself didn't form.

6. Provincial Autonomy (రాష్ట్రాలకు స్వయం ప్రతిపత్తి):

   • Provinces were granted autonomy, replacing dyarchy.

   • Responsible government was introduced in provinces.

7. Bicameralism (ద్విసభల ఏర్పాటు):

   • Introduced in 6 out of 11 Provinces. This was optional, not mandatory.

   • The 6 provinces were: Bihar, Bengal, Bombay, United Provinces, Madras, Assam (Mnemonic mentioned: B3UMA - బి3 ఉమా).

8. Franchise (ఓటు హక్కు):

   • Extended compared to the 1919 Act.

   • Covered about 14% of the total population (approx. 30 million people).

   • Still not based on Universal Adult Franchise; limited by property, tax, and educational qualifications.

9. Communal Representation (మత ప్రాతిపదికన / ప్రత్యేక నియోజకవర్గాలు):

   • Extended the principle of separate electorates (introduced for Muslims in 1909, extended to Sikhs, Indian Christians, Anglo-Indians, Europeans in 1919).

   • Further extended to:

     • Depressed Classes (SCs) - Though initially proposed, this was later modified by the Poona Pact into reserved seats within the general electorate.

     • Women

     • Labour (Workers)

10. Public Service Commissions:

    • Provided for the establishment of:

      • Federal Public Service Commission (FPSC)

      • Provincial Public Service Commission (PPSC) for provinces

      • Joint Public Service Commission (JPSC) for two or more provinces.

11. Federal Court:

    • Established in 1937 to resolve disputes between provinces and between the center and provinces.

    • Not the Supreme Court in the true sense, as appeals could still be made to the Privy Council in London.

12. Reserve Bank of India (RBI):

    • Provided for the establishment of the RBI to control currency and credit.

13. Reorganization of Territories:

    • Sindh was separated from the Bombay Presidency. (Important **)

    • Bihar and Orissa were split into separate provinces.

    • Burma (Myanmar) was separated from India through the Government of Burma Act, 1935.

14. Advocate General: Post created by this act.

15. Abolition of Council of India: The Council of India (established by the 1858 Act) was abolished.

16. Executive Head & Responsibility:

    • Center: Governor-General

    • Provinces: Governor

    • Responsible Government introduced in Provinces: Ministers were responsible to the provincial legislature (శాసన సభకు బాధ్యత వహించాలి).

    • However, Governors retained significant Discretionary Powers (విచక్షణ అధికారం) and Special Responsibilities, undermining full responsible government. Governors were not always bound by ministerial advice.

Reactions to the 1935 Act:

• INC (Nehru): Rejected it, calling it "a machine with strong brakes but no engine" (ఇంజిన్ లేని బ్రేకులు కలిగిన యంత్రం). Also termed it a "Charter of Slavery".

• Muslim League (Jinnah): Rejected it, calling it "Thoroughly rotten, fundamentally bad, and totally unacceptable" (మొత్తానికి పిచ్చిది, సమూలంగా చెడ్డది, మొత్తానికి ఉపయోగం లేనిది).

• Hasrat Mohani: Criticized the later Indian Constitution derived from it as a "Xerox copy" or "Carbon copy" (జిరాక్స్ కాపీ / కార్బన్ కాపీ).

• British View (Linlithgow): Believed the Act, especially Provincial Autonomy, would weaken Congress by fragmenting it and making it power-hungry, thus securing British rule for another 100 years.

Aftermath:

• Despite rejection, the INC contested the 1937 Provincial Elections held under this Act.

• Congress formed ministries and governed for 28 months before resigning (to be discussed next).