3 October 2024 : Daily Answer Writing
Q1) How will you explain that the Government of India Act 1935 was seminal in giving shape to the Indian constitution?
(150 words/10 Marks)
ANS
The Constitution of India inherits many of the provisions from the Government of India (GOI) Act 1935 as well as borrows many provisions from the Constitution of major countries like USA, Ireland, British etc. However, the most profound influence was that of GOI Act 1935 as more than half of the provisions of Constitution bear close resemblance to GOI Act 1935.
Features of the Act that was seminal in forming the structure of the Indian constitution are as follows:
- Provincial Autonomy: This Act provided autonomy to the provinces and restricted interference of Centre in the provincial subjects. This forms the nucleus of present Indian Federation.
- Distribution of power among Union and States: The act provided for separate lists i.e. Federal list, Provincial list and Concurrent list for dividing power among the centre and states.
- Federal Legislature: Under the GOI Act, 1935, the Central Legislature was bicameral, consisting of Federal Assembly and Council of States. Today’s parliament works on similar two-house system.
- Office of Governor: The governor on the advice of Viceroy took total control over the provincial government at the time of political breakdown. This continues even today in the form of Emergency provisions (President rule).
- Judiciary: The GOI Act, 1935 provided for the establishment of a Federal Court which would interpret the Act and adjudicate disputes relating to the federal matters. Today’s Indian judiciary is similar to the one established in GOI Act 1935.
However, many of the features which form the nucleus of the constitution do not find mention in the GOI Act 1935 such as:
- GOI Act 1935 did not have the provision for fundamental rights. Fundamental Rights are inspired from the Constitution of USA.
- Under 1935 act the power to amend the law was with the British Parliament. The constitution confers the power of amendment to the Indian parliament.
- The court established under GOI Act was not supreme court as the supreme adjudicator was the Privy Council. Supreme court under constitution is the highest court of the land.
- The GOI Act 1935 extended the franchise to only 14% of population. The constitution provided for adult franchise.
- The concept of separate electorate was extended through GOI Act 1935. However, Indian constitution embraced secularism.
Thus, GOI Act 1935 was selectively adopted by India to suit its requirement. The Act was blended with the constitutions of other counties. Thus, there are provisions taken from other sources too which contributed in shaping our Constitution.
