After World War I, the Government of India Act of 1919, also known as the Montague Chelmsford Reforms, was passed to appease nationalists. Similarly, the 1935 Act was enacted following three Round Table Conferences, by which time the national movement had reached a peak.
As a result, the Government of India Act 1935 was a significant advancement over the Government of India Act 1919:
- This act ended the system of dyarchy introduced by the GOI Act 1919 and provided for provincial autonomy which was a major improvement. Also, it introduced responsible government in the provinces.
- The Act introduced a very important feature of Constitutionalism which was federalism. It also introduced three lists, the Federal List, Provincial List, and the concurrent List.
- Centralization was a major feature of the 1919 act. In contrast, the 1935 Act, was introduced for the “Federation of India.” The Federation was composed of British provinces and princely states. But the federation could never come into existence.
- The 1935 Act extended the franchise to about 10% of the population. The franchise increased from 7 million to 35 million.
Both the 1919 act, as well as 1935 act, are considered important milestones in Constitutional development in India. In this context, the 1935 Act is having a major impact on the present Constitution:
- Nearly 75 percent of the Indian Constitution can be said to be a reproduction of the Government of India Act- 1935 with suitable adaptations and modifications.
- The provisions and especially the federal provisions that the Act provided for went on to become a reference point while constituting the Union of States in India post-independence.
- The emergency powers given to the President in the present Constitution resonate with the special powers of the Governor-General in the 1935 Act.
- The post of the Governor was decided to be an elected post in the first draft of the Constitution but in the final draft, it was modeled on the 1935 Act that is Governor to be nominated by the center. The powers of the Governor during state emergencies are also derived from this act.
- Federal List, Provincial List, and Concurrent List of the 1935 Act have got shaped into Central List, State List, and Concurrent List. The only difference is that residuary powers lie with the Central Government in place of the Governor as provided under the 1935 Act.
- Bicameralism was introduced in some the states like Bihar and Assam. The present Constitution also provides for Bicameralism in some states like Maharashtra, and UP. Bihar etc.
- Finally, separate electorates were provided for Scheduled Castes. Modifying this provision Constitution abolishes separate electorates but provides for reservation for SCs at central, state, and local body elections in addition to educational institutes and in government jobs.
Along with the 1935 act, the constituent assembly referred to a wide number of other countries’ constitutions. As a result, the Constitution is sometimes criticized as a borrowed Constitution, a patchwork that lacks originality. However, such an argument is invalid because none of the articles were adopted blindly. All of the provisions were made adaptive to our circumstances.