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Did the Government of India Act, 1935 lay down a federal constitution? Discuss Viewpoints: Explain the Government of India Act, 1935, and its background. Discuss features of GoI, 1935. Demonstrate how few features of the GoI Act, 1935 foster...

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(@anoop39)
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Did the Government of India Act, 1935 lay down a federal constitution? Discuss

 

Viewpoints:

  • Explain the Government of India Act, 1935, and its background.  

  • Discuss features of GoI, 1935.

  • Demonstrate how few features of the GoI Act, 1935 fostered federal and Constitutional government in India.

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Posts: 75
Topic starter
(@anoop39)
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Joined: 2 months ago

modal Answer:

Government of India Act 1935 is the widest of all the Acts and regulations in the process of Constitutional Development under British rule in India. It has various provisions like provincial autonomy, the end of Dyarchy from the provinces, and most importantly the establishment of a Federal Structure in India.  

Federal features under the Government of India Act 1935:

  • All India Federation: It provided for the establishment of an All India Federation consisting of the British India Provinces and other Indian states. 

  • Provincial Autonomy:  The Act divided legislative powers between the provincial and central legislatures.  

  • Setting up of a federal legislature: Bicameralism was introduced. The Federal Legislature consisted of two houses. It envisaged setting up a council of states and federal assembly, with reservations in the council of states for minorities, women, and depressed classes.

  • Distribution of Legislative Power: The act made a three-fold division of powers between the Centre and the Provinces- federal list, provincial list, and concurrent list. 

  • Setting up of a federal court: A Federal court was also envisaged to be set up with three kinds of jurisdictions i.e. Original, Appellate, and Advisory. The court had exclusive original jurisdiction in any dispute between the Federation and its units. 

  • Some Provisions like discretionary power and residuary power were given to the Governor-General. 

Therefore, one can say the Govt. of India Act 1935 laid the foundation of Federalism but it was more in principle than in practice.

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