It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. Dyarchy at Centre Under this act, the executive authority of the centre was vested in the Governor General on behalf of the Crown. First, the Provincial Governments were wholly, responsible to the provincial legislatures and secondly, provinces, were free from outside control and interference in a large number of matters. The Round Table Conferences considered the Simon Commission Report discussed the possibilities of further legislative reforms in India. Three fold divisions of legislative powers were made.
No Indian legislature whether federal or provincial was authorized to modify or amend the constitution. It provided for the establishment of a Federal Court, which was set up in 1937. There was no Reserve Subjects and no Executive Council in the provinces. . Some were to be nominated by the Governor-General. The Federal Subjects were divided into two categories, the Reserved and the Transferred. This reflects a deep contradiction on British views of India and its future.
However, the paternalistic threat of the intervention by the British governor rankled. Federal Legislature The bicameral federal legislature would be consisted of two houses viz. More Indians than ever participated in local, regional, and national levels of government. The resignation of Congress Ministries impaired the War effort of the Government of India and in return the Government demonstrated to the World that the Congress, the largest representative political organisation of India was not co-operating the British Government in the prosecution of the War. A plea was given that those safeguards and reservations were necessary for the interests of the country.
Moreover, the goal of Dominion Status still remained a distant dream. In the case of states accession to the Federation was voluntary and the Federation could not be established until: a A number of states, the rulers where off were entitled to choose not less than half of the 104 seats of the Council of state, and b The aggregate population whereof amounted to at least one half of the total population of all the Indian States had acceded to the Federation. Some of the general seats were reserved for Scheduled Castes. The reserved subjects were to be administered by the Governor-General on the advice of executive councilors, while transferred subjects were to be administered on the advice of the ministers. It was also a way to keep the people divided. Thereafter with the commencement of the Constitution of India in 1950, the Supreme Court has been established and is serving as the Apex Court for all purposes in India. They could legislate on subjects in provincial and concurrent lists.
In certain cases the appeals could be made to the Privy Council in England. Jinnah immediately felt foul of the suggestion and assured of the backing of the Government began a series of attacks describing it as chimerical. Nehru reiterated that in the event of any demand of the people being turned down by the British Government, the Congress members of the legislatures should work inside and outside the legislatures for putting an end to the new constitution. They were imposed either on the exercise of powers by the Government of India on of the states. The Concurrent list consisted of matters over which both the Federal and Provincial legislature had competence to legislate.
The representatives of the princely states were to be nominated by the rulers and not elected. The Council of State was the upper house that was a permanent body i. The Federal Court also had jurisdiction to grant Special Leave to Appeal and for such appeals a certificate of the High Court was essential. The secretary of state for India was provided with a team of advisors. Article shared by The persistent demands for Constitutional Reforms and the dislocation caused by the Non-cooperation Movement led the British Government to review the Status of Government of India Act 1919 by a commission headed by Thom Simon. The powers of the legislature were increased. The Governors immediately proclaimed emergency in which the constitution could not work and assumed all the powers of administration in their respective provinces.
Out of the funds available to it at any time the Board may authorize such expenditures , consistent with the provisions of this Act, as it may determine to be necessary for the accomplishment of the purposes and objectives of this Act. The ruler was however authorized to extend the functions of the federal authority in respect of his state by executing another instrument in its internal affairs. Only about 14% of the population got the right to vote. In both Houses of the Federal Legislature the states were given their quota of representation. Abolition of Indian Council It abolished the council of India, established by the Government of India Act of 1858.
The first elections under the Act were also held in 1937. The Princely States represented about a quarter of the population of India and produced well under a quarter of its wealth. The Indian Council that was created to help him was abolished under the Government of India Act 1935. Thus the grudging conditional concessions of power in the Acts of 1919 and 1935 caused more resentment and signally failed to win the Raj the backing of influential groups in India which it desperately needed. Both the Muslim League and the Indian National Congress expressed their dissatisfaction over the Act. The Governor had enormous powers which included many legislative powers as well as over non-votable items comprising about 40% of the budget. They have by their words, deeds and programme shown more and more that the Musalmans, cannot expect any justice or fair-play at their hands.
Further, the seats which were reserved for Hindus, Muslims and Sikhs had to be filled via direct election while those reserved for Europeans, Anglo-Indians, Indian Christians and Depressed Classes were to be filled by Indirect election. The Governor of the province was to exercise directly on behalf of the crown. Reserve Bank Bill just passed has a further reservation in the Constitution that no legislation may be undertaken with a view to substantially alter the provisions of that Act except with the consent of the Governor-General…. Overall, the India Act of 1935 shifted the locus of Indian governance to the subcontinent. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country. The Government of Burma Act 1935 was also included in it. The Muslim League refused to do so.