1935 act


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1935 act

  2. 2. • The Act provided for an All India Federation. All theprovinces were to join the Indian Federationautomatically.• In case of States they were given to the option to jointhe same or not.• The federal Legislation was to be bicameral consisting ofthe Federal Assembly and the Council of State.
  3. 3. Federal Assembly (Lower House) Council of State (Upper House)5 years Permanent125 from Indian States(Nomination)104 from states(Nomination)250 from Provinces( Indirect election on communal line)156 from Provinces( Direct election on communal line)1/3 was to retire every three years
  4. 4. • Federal Assembly duration was 5 years from the date ofits first meeting, on the expiry of that period, it was tobe dissolved automatically.• Council of State given to be a permanent body of whichone third members were to retire after every threeyears.• The Indian State were to send 125 members to theFederal Assembly and 104 member to the Council ofState.• The Provinces were to sent 250 members to the FederalAssembly and 156 members to the Council of State.
  5. 5. Powers of the legislatureThe powers of the Indian Legislature were severelyrestricted. There were some subjects on which neitherthe Federal legislature or provincial legislature couldlegislate.They could make any law depending on the provisions of theGovernment of India Act, 1935 for the benefit of BritishIndia.They did not any right to amend or abolish the provision ofthe 1935 Act.
  6. 6. • Governor General was empowered to summon a jointsetting of the two House of the federal legislation on anydispute occur between two Houses.
  7. 7. • The functions of the Crown with regard to the IndianStates were to be performed in India by hisrepresentative who was the Viceroy himself.• There was no simple division of powers between in centreand the units.Provision was made for three lists.Federal List : Provincial List: Concurrent List:Federal Government was authorized to pass law on thesubjects given in their list.
  8. 8. • The subjects given in the Provincial list was within theexclusive jurisdiction of the Provincial legislation.• As regards the Concurrent list, both the FederalLegislation and Provincial Legislation could pass laws onthe subjects given in the list.• If a law was passed by the Federal Legislation on anysubject given in the concurrent list, the Provinciallegislation could not make any law on the same subjectafterwards.• The Act of 1935 provided for diarchy at Center. Diarchywhich was abolished in the Provinces, was introduced atthe center.
  9. 9. • Certain Federal subjects were reserved in the hands ofthe Governor General to be administered by him withassistance of not more than three Councilors.• The reserved subjects were Defense, External Affairs,Ecclesiastical affairs and the administration of Tribalareas.• In the administration of other Federal subjects theGovernor General was to be aided and advised bya council of ministers whose member was not to extend10.• The Federal Ministry was to administer all the Federaldepartments except the reserved subjects.
  10. 10. • In spite of composite nature of the ministry theirresponsibility was to be collective. The ministry was to beresponsible to the Federal Legislation.• According to procedure Governor General had to workbased on the advises of the Ministers.• However, Governor General, he did not always act on theadvice of ministers. In certain cases he was to act in theindividual judgment and he was responsible for his owndecisions.• The Act provided for the establishment of a FederalCourt of India with jurisdiction on Indian States andProvinces. One chief justice and two judges wereappointed.
  11. 11. • The Act abolished the supremacy of Secretary of Stateof Indian Affairs. Indian officials they may or may notapproach Secretary of State for advises in theadministration.• There was no control from London when the Governorand the Governor General acted according to the consentof their ministers.