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The longest British statute on India, which introduced provincial autonomy, a three-list federal scheme and a Federal Court — and became the main model for the Indian Constitution.
The Government of India Act, 1935 was the last major constitutional statute enacted by the British Parliament for India before independence, and the longest Act it had passed at the time. Passed in August 1935 and brought into effect in April 1937, it proposed an All India Federation of British Indian provinces and the princely states, abolished dyarchy in the provinces and gave them autonomy, introduced dyarchy at the Centre instead, divided legislative powers between the Centre and the provinces through three lists, provided for a Federal Court and for a Reserve Bank of India, and extended the franchise. The federation it envisaged never came into being because the princely states did not accede, so in practice the Act operated as a charter of provincial autonomy — under which the provincial elections of 1937 were held. Much of the Indian Constitution's structure, including the three-list division of powers, the office of Governor, the federal judiciary and emergency provisions, is traceable to this Act.
Type: LawAll India Federation — proposed a federation of British Indian provinces and the princely states; it never came into existence because the princely states did not join.
Provincial autonomy — dyarchy was abolished in the provinces, which were given autonomous, separate legal identity with ministers responsible to provincial legislatures.
Dyarchy at the Centre — the very device removed from the provinces was introduced at the Centre, where federal subjects were split into reserved and transferred categories.
Three lists — legislative powers were divided into a Federal List (59 items), a Provincial List (54 items) and a Concurrent List (36 items), the model the Indian Constitution later adopted in its Seventh Schedule.
Bicameralism — a bicameral central legislature was provided for (Federal Assembly and Council of States), and six provinces adopted bicameral legislatures: Assam, Bengal, Bombay, Bihar, Madras and the United Provinces.
Federal Court — established in 1937, the direct institutional ancestor of the Supreme Court of India.
Reserve Bank of India — the Act provided for the establishment of the RBI to control currency and credit.
Burma separated — Burma was separated from India with effect from April 1937.
Extended franchise — voting rights were extended to roughly 30 million people, about 10 per cent of the population, and separate electorates were extended further.
Frequency: One of the most repeated topics in modern history and polity across UPSC Prelims, SSC and State PSC papers.
The Act was the culmination of a decade of constitutional negotiation that began with the all-white Simon Commission and its boycott, ran through the Round Table Conferences in London, and produced a British White Paper and a Joint Select Committee report before the Bill was passed. It satisfied almost nobody in India: the Congress rejected the federal scheme while contesting the 1937 provincial elections under it, and the Muslim League objected to the safeguards it did and did not contain. Nevertheless, because the Constituent Assembly worked from a system already in operation, the 1935 Act became the largest single source of the Constitution's text.
The Simon Commission, with no Indian member, tours India and is boycotted; it reports in 1930.
Three Round Table Conferences are held in London to discuss constitutional reform.
The British government issues a White Paper on constitutional reform, examined by a Joint Select Committee.
The Government of India Act, 1935 is passed by the British Parliament.
The Act comes into effect; Burma is separated from India; the Federal Court is established; provincial elections are held under the new franchise.
The Indian Independence Act provides that each new dominion be governed under the 1935 Act until its own constitution is framed.
| Aspect | Act of 1919 (Montagu-Chelmsford) | Act of 1935 |
|---|---|---|
| Dyarchy | Introduced in the provinces | Abolished in the provinces; introduced at the Centre |
| Provincial position | Provinces subordinate, with reserved and transferred subjects | Provincial autonomy with separate legal identity |
| Division of powers | Central and provincial subjects separated, but not through three lists | Three lists — Federal (59), Provincial (54), Concurrent (36) |
| Federation | No federal scheme | All India Federation proposed, including princely states; never came into being |
| Judiciary | No separate federal court | Federal Court established in 1937 |
| Central bank | No provision | Provided for the Reserve Bank of India |
| Legislature | Bicameral central legislature introduced | Bicameral central legislature provided; six provinces also bicameral |
The 1935 Act matters far beyond its own short and unhappy life. It is the immediate ancestor of the Constitution of India: the three-list division of legislative power, the federal judiciary, the office of Governor with discretionary powers, public service commissions, emergency provisions and much of the administrative vocabulary of the Indian state were carried over, sometimes almost verbatim, by the Constituent Assembly. It also mattered politically — the provincial autonomy it created gave Indian parties their first substantial experience of running governments after the 1937 elections, and the Congress ministries formed and resigned under it shaped the politics of the following decade. Finally, the Indian Independence Act, 1947 provided that until each dominion framed its own constitution, it would be governed under the 1935 Act, making it the working constitution of India between 15 August 1947 and 26 January 1950.
Government of India Act, 1935 — passed August 1935, in effect from April 1937; the longest British statute on India at the time.
Provincial autonomy granted; dyarchy abolished in provinces and introduced at the Centre.
Three lists: Federal 59, Provincial 54, Concurrent 36.
All India Federation proposed but never established, as princely states did not accede.
Federal Court set up in 1937; RBI provided for; Burma separated from India in April 1937.
Bicameral legislatures in six provinces: Assam, Bengal, Bombay, Bihar, Madras, United Provinces.
Franchise extended to roughly 10 per cent of the population.
Served as the interim constitution of India from 1947 until 26 January 1950.
Provincial autonomy. Dyarchy was abolished in the provinces, which became autonomous units with ministers responsible to elected provincial legislatures — the first real experience of Indian self-government at that level.
The federation required the accession of the princely states, and they did not join. Only the provincial part of the Act was ever implemented.
The Federal List had 59 items, the Provincial List 54 items and the Concurrent List 36 items.
The three-list division of legislative powers, the federal judiciary, the office of Governor with discretionary powers, public service commissions, and emergency provisions are all traceable to this Act.
No. Burma was separated from India with effect from April 1937, when the Act came into force.