Development of Indian Constitution since 1935

Development of Indian Constitution since 1935

The Government of India Act of 1935 -The Government of India Act, 1935 was full of conservative, reactionary, undemocratic, anti-national elements. It was not accepted by any major party in India.

Features of the Government Act of Indian Constitution since 1935

Legislation without Preamble of Indian Constitution since 1935- The Act of 1935 had no preamble of its own. When some members of the British Parliament objected to this Act on this basis, the Preamble of 1919 was added to it.

All India Federation of Indian Constitution since 1935

All India federation was proposed by this act. The units of the union were of two types, the British provinces and the princely states. According to the Act, it was necessary for the provinces to join the union but it was optional for the princely states.

Division of Powers of Indian Constitution since 1935

 By this act the official functions were classified into three lists (Union, Provincial and Concurrent). There were 59 subjects in the Union List on which only the Central Government can make law .There were 54 subjects in the Provincial List on which the State Government could make laws, in the Concurrent List there were 36 subjects on which both the Central and State Governments could make laws.

Provincial Autonomy of Indian Constitution since 1935

This act gave autonomy to the provinces. The entire provincial government was put under the control of the popular ministers and the governor was expected to conduct the administration on the basis of the advice of the ministers. The provincial council of ministers was made responsible to the legislature. But some important powers in the form of special responsibilities remained in the hands of the governors.

Dyarchical system of government at the center of Indian Constitution since 1935

In this act, a system of dyarchy was established at the center. In this act, certain federal subjects were kept in the hands of the Governor General so that he could “appropriately arrange them according to his discretion. A cabinet was arranged for the transferred subjects, which could have a maximum of 10 ministers, which was Responsible to the legislature.

Federal Court of Indian Constitution since 1935

 By this act a federal court was formed consisting of a Chief Justice and six other judges. They were appointed by the King of England and they remained in office till the age of 65 years. It did not have a Supreme Court in spite of having both original and appellate powers. Its decision could be appealed against in the Privy Council.

Expansion of Legislatures of Indian Constitution since 1935

By this act, bicameral legislatures were provided in six provinces and one – unimated legislatures in 5 provinces. The lower house of the legislature was called the Vidhan Sabha and the upper house was called the Legislative Council. Reservation was arranged for different communities on the basis of communal award.

Expansion of franchise of Indian Constitution since 1935

This act had expanded the franchise, for the provinces, a little more than 10 percent of the people were given the right to vote. In this way only 15% of the total population got the franchise.

Expansion of Communal Electoral System of Indian Constitution since 1935

 In the Act of 1935, communal electoral system was started for Muslims, Sikhs, Indian Christians, Zamindars, capitalists, laborers and women etc. Muslims were given one-third seats in the federal legislature, far more than the proportion of their population.

Supremacy of the British Parliament of Indian Constitution since 1935

Through this act the supremacy of the British Parliament was emphasized. In this regard it Provision was made that the provincial and central legislatures of India could not pass any such law, which was related to any matter related to the sovereignty of the British Parliament. The Provincial and Central Assemblies could recommend amendments to the Act subject to certain limits.

Elaborate and complex The Constitution of Indian Constitution since 1935

Act was elaborate and complex. It had 451 articles and 15 schedules

The Public Services of Indian Constitution since 1935

Act attempted to protect the interests of the Indian civil services by means of protections and reservations. The Act provided for a Public Service Commission for each province or group of provinces, which was responsible for recruitment to the provincial public services.

Reserve Bank and Railway Statutory Authority of Indian Constitution since 1935

To control the currency, the Act established the Reserve Bank and established a separate railway legal authority for railway operation.

The Constitution of India Governor General and Governor’s Emergency Powers of Indian Constitution since 1935

Act gave this authority to the Governor. Provided that if it became impossible to run the administration of the province, he could take over the administration of the province for 6 months. Even at the center, the Governor General was given emergency powers.

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