Analyze the impact of the 1935 Government of India Act on the creation of the Constitution of India. Talk about the differences and similarities with this previous constitutional structure.
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The Government of India Act, 1935 had a significant influence on the drafting of the Indian Constitution, with both continuities and departures observed in the final constitutional framework.
Continuities:
Federal Structure: Both the Government of India Act, 1935 and the Indian Constitution adopted a federal structure, with a central government and provincial/state governments.
Distribution of Powers: The Constitution retained the broad division of powers between the Union and the states, as established in the 1935 Act, with the Union government having greater powers.
Bicameral Legislature: While the Indian Constitution ultimately opted for a unicameral Parliament at the Union level, the 1935 Act had established a bicameral legislature at the center, which was a reference point during the debates.
Gubernatorial System: The Constitution retained the gubernatorial system, with the President/Governor acting as the nominal head of the Union/state governments.
All-India Services: The Constitution continued the system of All-India Services, such as the Indian Administrative Service and the Indian Police Service, which were introduced in the 1935 Act.
Departures:
Constituent Assembly: The most significant departure was the drafting of the Constitution by a democratically elected Constituent Assembly, rather than being imposed by the British Parliament, as was the case with the 1935 Act.
Strengthened Centre: The Indian Constitution granted the Union government significantly more powers compared to the 1935 Act, reflecting a stronger unitary bias.
Fundamental Rights: The Constitution incorporated a comprehensive Bill of Fundamental Rights, which was absent in the 1935 Act.
Directive Principles of State Policy: The Constitution introduced the novel concept of Directive Principles of State Policy, which were non-justiciable but guided the state’s policymaking.
Judiciary: The Constitution established a unified, integrated judiciary, unlike the dual judiciary system envisaged in the 1935 Act.
Electoral System: The Constitution introduced a system of direct elections to the Lok Sabha, as opposed to the indirect elections prescribed in the 1935 Act.
The influence of the Government of India Act, 1935 is evident in the Indian Constitution, particularly in the broad federal structure and the distribution of powers between the Union and the states. However, the Constituent Assembly, guided by the vision of a democratic, sovereign, and egalitarian India, made significant departures to create a unique constitutional framework that better reflected the aspirations of the Indian people.
“The Government of India Act 1935 was an endeavor to give India a written constitution even though Indians were not involved in its creation ”
provisions in the Government of India Act 1935-
◻ Provision for the establishment of an All- India Federation consisting of provinces and princely states.
◻ Division in terms of powers between the center and units in terms of Federal list, Provincial list and the concurrent list.
◻ Abolition of dyarchy and introduction of provincial autonomy.
◻ Introduction of bicameralism in provincial legislatures in six out of eleven provinces (legislative council and legislative assembly).
◻ Extension of the electoral franchise but still limited to ten percent of the population.
◻ Establishment of public service commission at federal, provincial and joint for two or more provinces.
◻ provision for forming a federal court setup in 1937.
It is true that the act stood as an inspiration as it bought many new provisions for practically governing this country. In fact the critics of the constitution even called it a carbon copy of the 1935 act but the chairman of the drafting committee clarified that only the provisions relating to the administration were taken as inspiration and not just a blind imitation. These can be seen as true from the following;
The provision for an All-India federation consisting of both the provinces and princely states was indeed what was put into practice while forming the union and they had the liberty of joining either of the new states.
The provision for dividing subjects in to union, state and concurrent is heavily borrowed from the above act.
The Local Self Governments gained its prominence in administration and governance as the act emphasized it.
The bicameral structure of the legislatures at both centre and state levels as inspired from the British system helped to form a robust legislating procedure which ensured both the participation of the peoples representatives as well as that of experienced individuals in different fields of the society.
The practice of Universal Adult Franchise for elections was a huge leap forward in case of a newly formed democratic state. As the act only permitted a limited franchise the inevitable need for inclusion of the whole country was recognized and implemented.
Public Service Commissions were formed at the union, state and joint level for recruitment into government services.
The Reserve Bank of India which controls the currency and credit of the country was formed based on the provisions of the 1935 act.
The Federal Court established on the lines of the act paved way for the establishment of the Supreme Court whose jurisdiction was greater than that of its predecessor as it has replaced the British Privy Council as the highest court of appeal.
As Dr. Ambedkar reiterated ” there is nothing wrong in borrowing , it involves no plagiarism and only the provisions regarding to the details of administration was taken”. It can be concluded from the above that the constitution was not a mere imitation the 1935 Act , but a careful adoption catering to the needs of the nation.
GOI Act, 1935 which came into effect on 1937 was based on report published by Linlithgow Committee. This act was enacted with the implicit motive of the British Raj to circumvent the Indian National Movement and co opt the Indians into the Adminstration.
The structural part of the Indian Constitution has been largely borrowed from this act due to which Indian Constitution is often referred as the carbon copy of the GOI Act 1935. This Act has also influenced the drafting of the Indian Constitution in many others ways and perspectives, namely:-
At the present time there are many continuities and departures from this earlier constitutional framework as per the dynamism of the Indian democratic set up. Namely these are:-
Hence, It can be concluded that the act has been very influential in drafting of our constitution and proved to be the most significant milestone in the development of our structural as well as institutional development.
”The Act was a means of continuation of British control of India and deflection of challenges posed by the nationalist movements the British Rule.” – Andrew Muldoon