Constitutional Development (1858-1947)

The Government of India Act 1935 established a federal structure, dividing power between the center and provinces and introduced provincial autonomy, bicameral legislature and increased Indian representation paving the way for India’s eventual independence.The Government of India Act of 1935 had a significant impact on the federal structure and provincial autonomy in India. Here are some key aspects –

Federal Structure –

1. The Act introduced a federal structure, dividing power between the central government and the provinces.
2. The Act established a bicameral legislature at the center comprising the Council of States (Upper House) and the Federal Assembly (Lower House).
3. The Act distributed powers between the center and the provinces with the center retaining control over key areas like defense, foreign policy and communications.

Provincial Autonomy –

1. The Act granted provinces greater autonomy with provincial governments responsible for areas like education, healthcare and agriculture.
2. The Act introduced elected provincial governments with governors appointed by the British monarch serving as constitutional heads.
3. The Act established provincial legislatures comprising elected representatives and having the power to make laws on provincial subjects.

Impact –

• The Act led to the decentralization of power with provinces gaining greater autonomy and responsibility.
• The Act increased Indian participation in government with more elected representatives in provincial legislatures and the central legislature.
• The Act laid the groundwork for India’s eventual independence providing a framework for governance and power distribution.

Overall, the Government of India Act of 1935 marked a significant step towards Indian self rule, introducing a federal structure and increasing provincial autonomy.

World War II (1939-1945) was a global conflict involving axis powers (Germany, Italy, Japan) and allied powers (US, UK, USSR) resulting in massive destruction.World War II’s influences included weakening colonial empires, fueling Indian independence and shaping the United Nations while also causing massive destruction and loss of life.World War II had a significant influence on the constitutional discourse in British India.

1. The war created a crisis of legitimacy for British rule as the colonial government’s claim to be fighting for democracy and freedom abroad was contradicted by its denial of these same rights to Indians at home.
2. The British government’s need for Indian support during the war led to the August Offer of 1940 which promised Indians a greater degree of autonomy and self government in exchange for their cooperation. However this offer was rejected by the Indian National Congress which demanded immediate independence.
3. The Atlantic Charter issued by the US and UK in 1941, further fueled the demand for Indian independence. The charter’s statement that all peoples had the right to self government was seen as a clear contradiction of British policy in India.
4. The Cripps Mission of 1942 led by Sir Stafford Cripps was an attempt to address Indian demands for self government. However the mission’s proposals were rejected by both the Indian National Congress and the Muslim League.

Overall, World War II marked a significant turning point in the constitutional discourse in British India. The war weakened the legitimacy of British rule and created new opportunities for Indian nationalists to press their demands for independence.