Q. In the Federation established by The Government of India Act of 1935, residuary powers were given to the
- Federal Legislature
- Governor General
- Provincial legislature
- Provincial Governors
Answer: Provincial Governors
Government of India Act 1935
Government of India Act 1935
The Government of India Act, 1935 was passed by British Parliament in August 1935. With 321 sections and 10 schedules, this was the longest act passed by British Parliament so far and was later split into two parts viz. The government of India Act 1935 and Government of Burma Act 1935.
The Government of India Act 1935 derived material from four key sources viz. Report of the Simon Commission, discussions at the Third Round Table Conference, the White Paper of 1933 and the reports of the Joint select committees. This act ended the system of dyarchy introduced by the Government of India Act, 1919 and provided for the establishment of a Federation of India to be made up of provinces of British India and some or all of the Princely states. However, the Federation never came into being as the required number of princely states did not join it.
It was the last constitution of British India which split Burma from it. It lasted until 1947 when British territory was split into Pakistan and India.
The most significant aspects of the Act were:
- the grant of a large measure of autonomy to the provinces of British India (ending the system of diarchy introduced by the Government of India Act, 1919)
- provision for the establishment of a "Federation of India", to be made up of both British India and some or all of the "princely states"
- the introduction of direct elections, thus increasing the franchise from seven million to thirty-five million people
- a partial reorganization of the provinces:
- Sindh was separated from Bombay
- Bihar and Orissa was split into separate provinces of Bihar and Orissa
- Burma was completely separated from India
- Aden was also detached from India and established as a separate Crown colony
- membership of the provincial assemblies was altered so as to include any number of elected Indian representatives, who were now able to form majorities and be appointed to form governments
- the establishment of a Federal Court
However, the degree of autonomy introduced at the provincial level was subject to important limitations: the provincial Governors retained important reserve powers, and the British authorities also retained a right to suspend responsible government.
The parts of the Act intended to establish the Federation of India never came into operation, due to opposition from rulers of the princely states. The remaining parts of the Act came into force in 1937, when the first elections under the act were also held.
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