The Government of India Act, 1935 left a legacy that culminated in the Constitution of 1950. With 321 sections and 10 schedules, this was the British government's longest legislation. The content of this legislation was derived from four sources: the Simon Commission Report, the Third Round Table Conference talks and deliberations, the White Paper of 1933, and the Joint Select Committee Report. This article discusses the reasons why the Indian Constitution is called “A Carbon copy of the 1935 Act”.

Features Taken from the Government of India Act 1935

The features of the Government of India Act 1935 which are copied in the Indian constitution are:

Bicameral Legislature

• The Indian Parliament with the Loksabha and Rajyasabha forming the legislative system is extracted from the 1935 Act.
• The 1935 act suggested that the legislature will have two houses, i.e., the Council of States and a Federal Assembly.
• The upper chamber, the Council of States, was a permanent body with a three-year term with 260 members, 156 of whom were representatives of British India and 101 of the Princely Indian states.
• The Federal Assembly was the lower house with a tenure expanding up to five years and its composition included 250 representatives of British India and 125 members from Princely states.

Division of Powers

• Schedule 7 of the Indian constitution and Centre-state relations (Article 256-263) are based on the above sections of the 1935 act.
• This 1935 act gave provincial governments the ability to be accountable only to provincial legislatures, allowing them to be free of outside control and intrusion.
• The powers between the center and the provinces were separated into three lists with the introduction of this act: the Federal list (59 items for the center), the Provincial list (54 items for provinces), and the Concurrent list (36 items for both).

Residuary Powers

• The residuary powers concerning items not listed in the Schedule 7 lists are vested with the Union government.
• The residuary powers in the Government of India 1935 Act were handed over to the Viceroy.

Emergency Provision

• The Constitutional Emergency under Article 356 drew its inspiration from the 1935 Act.
• Section 45 of the Government of India Act 1935 provided provision in case of failure of constitutional machinery.

Office of the Governor

• The constitutional post of the Governor, his appointment, and his powers are mentioned in Article 152 to Article 162.
• The 1935 Act established the office of the Governor with all the executive powers and authority of the center was vested in the Governor.

Judiciary

• The Supreme Court of India is based on the Federal Court provided in the 1935 Act.
• The powers and functions of the Judges of the Supreme court and the High Court provided in the constitution are taken from Chapter II of the 1935 Act.

Federal Legislature

• "No discussions shall take place in Parliament with respect to the behavior of any Judge of the Supreme Court or a High Court in the exercise of his duties," is given by Articles 121 and 211 of the Indian constitution respectively.
• This was taken from Section 40 and Section 86 of the 1935 Act.

Administrative Details and Inter-State Relations

• The Inter-State relations and water dispute redressal mechanisms in the Indian Constitution were inspired by Section 130 of the 1935 Act.

Public Service Commission

• Part XIV of the Indian Constitution deals with the establishment of a Public Service Commission for the Union as well as a Public Service Commission for each state (Articles 315 to 323).
• Section 242 of the 1935 Act provided for the establishment and rules of the Federal Public Service Commission.

Criticisms

• According to critics, the writers of the Constitution incorporated a considerable number of clauses from the Government of India Act of 1935 into the Indian Constitution. As a result, the Constitution is referred to as a "Carbon Copy of the 1935 Act" or an "Amended Version of the 1935 Act."
• Prof. N. Srinivasan said that the Indian Constitution is “both in language and substance a close copy of the Act of 1935”.
• Sir Ivor Jennings, a British Constitutionalist commented that “the Constitution derives directly from the Government of India Act of 1935 from which many of its provisions are copied almost textually”.
• P.R. Deshmukh, a member of the Constituent Assembly, mentioned that “the Constitution is essentially the Government of India Act of 1935 with only adult franchise added”.

Conclusion

Dr. B.R. Ambedkar answered criticism related to the copy of the 1935 Act in the following way: “As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies”, There is nothing to be ashamed of in borrowing. It involves no plagiarism. Therefore, the good part of the Government of India Act, of 1935 was carried forward to the Indian constitution to ensure the continuity of Administrative systems which were present for more than a decade.

FAQs

Q1: What is the Government of India Act, 1935?

Q2: Why is the Indian Constitution referred to as a "carbon copy" of the 1935 Act?

Q3: What were the key features of the Government of India Act, 1935?

Q4: How did the 1935 Act influence the division of powers between the Centre and States in India?

Q5: What was the significance of the 1935 Act in India’s path to independence?

MCQs

1. Which of the following features of the Indian Constitution was borrowed from the Government of India Act, 1935?

a) Fundamental Rights

b) Federal Structure

c) Directive Principles of State Policy

d) Parliamentary System

2. What did the Government of India Act, 1935 introduce for the first time in India?

a) Universal adult franchise

b) Provincial autonomy

c) Presidential system

d) Non-cooperation movement

3. Which of the following was established by the Government of India Act, 1935?

a) Supreme Court of India

b) Federal Court

c) Election Commission of India

d) Planning Commission

4. How did the Government of India Act, 1935, structure the division of powers?

a) It divided powers into federal and concurrent lists

b) It introduced only a unitary system

c) It divided powers into Union, State, and Concurrent lists

d) It created autonomous states

5. What was the role of the Government of India Act, 1935 in shaping India’s Constitution?

a) It introduced the concept of fundamental duties

b) It formed the basis for the Indian federal structure

c) It implemented universal suffrage

d) It was the basis for the division of British India into India and Pakistan

GS Mains Questions and Model Answers

Q1. Analyze the significance of the Government of India Act, 1935, in the making of the Indian Constitution.

Answer: The Government of India Act, 1935 played a pivotal role in shaping the Indian Constitution. It introduced several features that were retained in the Constitution of independent India, most notably the federal structure and the division of powers between the Centre and the Provinces. The Act laid the foundation for a federal court, which eventually evolved into the Supreme Court of India. It also introduced provincial autonomy, allowing greater powers to provinces, a concept that was continued with the State governments in independent India. Though the Act fell short of providing full independence, it served as a blueprint for India’s Constitution and provided a framework for governance, contributing significantly to India’s transition from colonial rule to self-governance.

Q2. Discuss the key provisions of the Government of India Act, 1935, and their relevance to the Indian Constitution.

Answer: The Government of India Act, 1935, was one of the longest pieces of legislation passed by the British Parliament for India. It introduced provincial autonomy, giving provinces the authority to govern themselves in certain areas. It also laid the foundation for India’s federal structure, by dividing powers between the Centre and Provinces. The Federal Court was another significant addition, which later evolved into the Supreme Court of India. The Act also introduced separate electorates and limited franchise based on property qualifications. Many of these provisions, particularly the division of powers and federal structure, were incorporated into the Indian Constitution after independence, making the 1935 Act an important precursor to modern India’s governance system.

Q3. Examine the influence of the Government of India Act, 1935, on Centre-State relations in post-independence India.

Answer: The Government of India Act, 1935, had a lasting influence on Centre-State relations in post-independence India. The Act introduced the division of powers between the Centre and the Provinces, a concept that was later adopted in the Indian Constitution through the Union, State, and Concurrent lists. This division ensured a balance of power between the central and regional governments. The Federal Court, established under the Act, evolved into the Supreme Court of India, which continues to adjudicate disputes between the Centre and the States. The idea of provincial autonomy, introduced in the 1935 Act, set the precedent for granting States significant powers in the governance of internal matters, ensuring a federal structure that has been key to India’s democratic and federal system of governance.

Previous Year Questions on  Indian Constitution 

1. UPSC CSE Mains 2017

Question. How did the Government of India Act, 1935, lay the foundation for the federal structure of India?

Answer: The Government of India Act, 1935, was crucial in laying the foundation for India's federal structure by creating a framework for the division of powers between the Centre and the Provinces. Under the Act, legislative powers were divided into three lists—the Federal List, the Provincial List, and the Concurrent List. This division ensured that certain subjects, such as defense, foreign affairs, and communications, were handled by the Centre, while others, like public health, education, and local governance, were managed by the Provinces. The Concurrent List allowed both the Centre and Provinces to legislate on matters like criminal law and marriage. This division of powers was a precursor to the Union, State, and Concurrent Lists in the Indian Constitution, making the 1935 Act a significant milestone in the evolution of federalism in India. The introduction of provincial autonomy and a Federal Court further solidified this federal structure, which was retained and expanded upon in the Constitution of independent India.

2. UPSC CSE Mains 2018

Question. Explain the concept of provincial autonomy introduced by the Government of India Act, 1935, and its relevance to Indian governance.

Answer: The Government of India Act, 1935, introduced the concept of provincial autonomy, which allowed the provinces (states) to function with greater independence and control over their internal matters. Provincial governments were granted legislative powers, enabling them to govern on subjects listed in the Provincial List, which included areas like public health, education, and agriculture. This marked a significant shift from the earlier system, where provinces were under strict control of the central government. Although the Governor still retained overriding powers, the Act was a step towards decentralization and laid the foundation for the autonomous functioning of the States in the Indian federal system. After independence, this idea of provincial autonomy was retained in the Indian Constitution, where the States were given independent legislative powers on matters listed in the State List. This decentralization of power has been key to the functioning of India’s federal structure, ensuring that States can govern effectively while maintaining the unity of the country.

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