Roadmap for Answer Writing
1. Introduction
- Start with context: Begin by introducing the Government of India Act, 1935, as a significant piece of legislation passed during British colonial rule in India. Mention how it paved the way for self-governance and is considered one of the key influences on India’s post-independence constitutional framework.
- Relevance: Briefly mention the criticism by Sir Ivor Jennings and others, who saw the Indian Constitution as a “Carbon Copy” of the 1935 Act, signifying its profound influence.
2. Body
- Discuss the influences in chronological order: Break the body into thematic sections that highlight how the 1935 Act shaped key components of the Indian Constitution. Provide relevant facts along with explanations.
Key Areas of Influence
a. Federal Structure
- Fact: The 1935 Act introduced a federal structure with a division of powers between the center and the provinces, a feature that was carried forward into India’s Constitution.
- Explanation: The Indian Constitution follows a federal model with a similar division of powers between the Union and States, ensuring a balance between centralized and decentralized governance.
b. Directive Principles of State Policy (DPSP)
- Fact: The Act had an “Instrument of Instructions” for the Governor-General, focusing on areas such as public welfare, social justice, and economic development.
- Explanation: These principles influenced the inclusion of the DPSP in the Indian Constitution, which guides the government’s policies towards achieving social and economic justice.
c. Division of Powers
- Fact: The 1935 Act categorized subjects into three lists: federal, provincial, and concurrent.
- Explanation: This division was mirrored in the Indian Constitution’s Seventh Schedule, ensuring clear allocation of responsibilities between the Union and the States.
d. Bicameral Legislature
- Fact: The 1935 Act introduced a bicameral legislature at both the central and provincial levels.
- Explanation: This concept of a bicameral system influenced India’s Parliament structure, which consists of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
e. Judiciary
- Fact: The Act created the Federal Court, which was later replaced by the Supreme Court of India under the Constitution.
- Explanation: The Indian Constitution established the Supreme Court as the highest judicial authority, inheriting the notion of an independent judiciary.
f. Public Service Commission
- Fact: The 1935 Act established a Federal Public Service Commission.
- Explanation: This led to the creation of the Union Public Service Commission (UPSC) under India’s Constitution, responsible for recruitment to the civil services.
g. Emergency Provisions
- Fact: The Act contained provisions for emergency situations, such as the Governor-General taking control in times of crisis.
- Explanation: This influenced the inclusion of emergency provisions in Articles 352 to 360 of the Indian Constitution, which define the powers of the President during national emergencies.
Points of Difference
a. Dominion Status vs. Sovereignty
- Fact: The 1935 Act envisaged India as a dominion under British sovereignty.
- Explanation: The Indian Constitution, in contrast, declared India as a sovereign republic, ending British dominion.
b. Provincial Autonomy
- Fact: The 1935 Act, while granting some autonomy to provinces, retained significant central control, particularly in matters of defense and law and order.
- Explanation: Post-independence, India’s Constitution favored greater autonomy for states, with more powers vested in them under the Union-State relations framework.
c. Representation
- Fact: The 1935 Act had limited Indian representation, with only a few Indians involved in governance and decision-making.
- Explanation: The Indian Constitution introduced universal adult suffrage, ensuring that all adult citizens, regardless of gender, caste, or religion, had the right to vote.
d. Socio-Economic Reforms
- Fact: The 1935 Act did not include provisions for socio-economic reforms like the abolition of untouchability or the establishment of affirmative action programs.
- Explanation: The Indian Constitution, however, included provisions like the abolition of untouchability (Article 17) and reservations for backward classes, prioritizing social justice.
e. Role of Governor-General
- Fact: The 1935 Act gave the Governor-General significant powers over the functioning of the government, including the ability to dissolve the legislature and make decisions independently of the ministers.
- Explanation: The post-independence Constitution of India replaced the Governor-General with a largely ceremonial President, reducing the concentration of executive power.
3. Conclusion
- Summarize: Conclude by reiterating that while the Government of India Act, 1935, had a significant influence on the constitutional framework of post-independence India, the Indian Constitution was a transformative document that adapted these elements to India’s unique needs and aspirations.
- Quote: End with a relevant quote from Dr. B.R. Ambedkar, who emphasized that borrowing ideas is not plagiarism but part of the process of creating a fair and just system.
Relevant Facts for Answer
- Federal Structure: Division of powers between center and provinces (adopted into the Indian Constitution’s Union-State relations).
- Directive Principles: “Instrument of Instructions” focusing on public welfare, social justice, and economic development.
- Division of Powers: Three lists – federal, provincial, and concurrent.
- Bicameral Legislature: Introduced at both the center and provinces.
- Judiciary: Creation of the Federal Court, which was later replaced by the Supreme Court.
- Public Service Commission: Established Federal Public Service Commission, later leading to UPSC.
- Emergency Provisions: Provisions for emergency powers vested in the Governor-General, later incorporated in the Indian Constitution (Articles 352-360).
- Dominion Status: India as a dominion under British sovereignty in 1935, transitioning to full sovereignty in the Indian Constitution.
- Provincial Autonomy: Significant central control in 1935, replaced by greater state autonomy in post-independence India.
- Socio-Economic Reforms: 1935 Act lacked provisions like abolition of untouchability, which the Indian Constitution introduced.
- Role of Governor-General: Significant powers under the 1935 Act, contrasted with the ceremonial role of the President in India’s Constitution.
Model Answer
Introduction
The Government of India Act, 1935, was a significant step towards India’s self-governance under British colonial rule. It laid down several provisions that were later incorporated into India’s Constitution after independence. Sir Ivor Jennings even referred to the Indian Constitution as a “Carbon Copy of the 1935 Act,” highlighting its influence on the post-independence legal and constitutional framework.
Influence of the Government of India Act, 1935 on India’s Post-Independence Constitutional Framework:
Points of Differences
Conclusion
As Dr. B.R. Ambedkar noted, borrowing ideas from existing frameworks is not plagiarism but a method of learning and building upon them. While the Government of India Act, 1935, profoundly shaped the Indian Constitution, the latter remains a transformative document that reflects India’s unique aspirations for a just, democratic, and sovereign nation.