Federalism under the Government of India Act 1935

Federalism under the Government of India Act,1935.

            The Act ,1935 aimed at establishing the federal system of Government of India for the first time. The Act ran into 1451 clauses and 15 Schedules, almost complicated document ever enacted by the British Parliament. The pattern federalism adopted under the Government of India Act, 1935. Was the most complex due to the following reasons:

i)         The process of federalism was not a process of integration, but a process of  decentralization. The provinces which were part of the British India Empire were never  independent entities. By this Act it was intended to give provincial autonomy to those      provinces and thus from a federal polity.

ii)        The units of the federation did not enjoy a uniforms status. Even in British India there    were Governor's Provincial and Chief Commissioner's Provinces. Besides, it was  intended to bring in the native status as units of the federation.

iii)       The need for bringing in the Native Status as units of federation presented certain peculiar problems as these Status did not want in the units of federation on a uniform basis.

iv)       The federal government was not be a responsible or an independent government but it    was to be essentially subroutine and responsible to the British government.

            These special circumstances made federation an extremely complex machinery under the Government of India Act, 1935.

            The Government under the Government of India Act,1935 exhibited all the normal characteristic of the federal government. There was a scheme of distribution of the legislative  powers. there was rigid constitutional and there was also federal court which was to secure the due observance of the limits place on the Central and the Provincial Governments and legislature. The Constitution was written and amendment was extremely rigid.

            Nevertheless, the federation contemplate under the Government of India Act, 1935 was far from being a normal federation. Some considered it as quasi-federal. In view of the following peculiar characteristics exhibited by the federation contemplated under the government of India Act, 1935. It could hardly be called federal.

i)         The federation under the Government of India Act, 1935 attempted to confer autonomy  on the Provinces and them bring them together under a federation. This process of        decentralization, naturally resulted in allotting comparatively small powers and functions to the Provinces.

ii)        The other units of the federation were to be the States. The peculiar position of the States  was that they were subject to the paramountcy of the British Crown. These sates enjoyed    greater independence and autonomy. Therefore, naturally they were reluctant to surrender     greater powers to the Federal Government in a smaller sphere than the Provinces. This          resulted in there being a federation with the units relating vary degree of powers.

iii)       The native states were to accede to the federation by signing an Instrument of accession. But it was never contemplated to have a uniform Instrument of Accession for all the   States So, each State could surrender powers to the federation different from those    surrendered by other States.

iv)       As a result of the above factor the Constitutional document that accommodate the federal  from of Government would not ne one; there could be multiplicity of such documents.

v)         The Governors of the Provinces were subject to the control of the Governor-General in all matters in which they were required to act at their discretion or in their individual  judgment. Thus, the head of the province was subordinate to the head of the federation.

vi)       The power to amend the Constitution was entirely vested in the British Government and  Parliament, neither the federal legislature nor provincial legislature had any such powers.

vii)      Normally, in the Federal Constitution, the Upper House establishes the principal of  equality of the units and the Lower House national unity. But, under this Act the Council           of States, the Upper House was not consisted on the principal of the equality seats were allotted to the provinces and the representation of the States was made cartingent on several factors. The members of the Council of States were not uniformly elected. The  representatives of the British India Provinces were to be mostly elected directly; while   the representatives of the States. The Federal Assembly was to be elected, But the principal of communal representation was also introduced. Besides, the States were given    a large proportion of seats in the legislature than they deserved on the basis of their population.

viii)     The Government at the center was not a fully responsible government, through larger   element of responsible government was introduced in the Provinces. The principle of     dyarchy, discredited at the provincial level was introduced at the center under this Act.

ix)       Many of the important departments like those pertaining to defence, foreign affairs etc.,  were under the exclusive control of the Governor-General who was responsible only to  the British Crown through the Secretary of State of India. The Central Ministers who were responsible of the Federal Legislature had no powers in respect of such  departments.

x)         The Centre had vast powers to intervene in the affair of the province. The Governor of    the Province was subject to the control of the Governor-General even in provincial    matters which were in the discretion or individual judgment of the Provincial Governor. But in the case of the State even the federal law could be administered only by the result  of the State.

xi)       The Federal Court Constituted under the Act was not the finial custodian and guardian of the Constitution. Constitutionally, issues were delta with partly by the High Court, partly  by the Federal Courts but the final interpretation of the Constitution rested always with the Privy Council. No Indian legislature could Restricted the appellate authority of the  Privy Council.

xii)      The residuary power in the case of the British India could be located by the Governor-       General either in the federal legislature or in the provincial legislature. But, in the case of       State, the residuary power vested in the ruler himself.