The experience of the Govt. of India Act 1935 in drafting the Constitution.

The Government of India Act 1935 was the longest and most detailed act passed by the British Parliament. It served as the primary source and structural framework for the Constitution of Independent India. Nearly 75% of our Constitution is directly or indirectly derived from this Act.

1. Key Features Adopted in the Constitution

The drafting committee, led by Dr. B.R. Ambedkar, borrowed several administrative and legal structures from the 1935 Act:

  • Federal Scheme: The Act proposed a Federation consisting of provinces and princely states. This provided the base for our current Federal System with a strong Union Government.
  • Division of Powers: The Act introduced three lists—Federal, Provincial, and Concurrent. This was adopted in the Seventh Schedule of the Indian Constitution to divide powers between the Centre and States.
  • Bicameralism: The practice of having two houses (Lok Sabha and Rajya Sabha) in the Parliament and several state legislatures was rooted in the 1935 Act.
  • Office of the Governor: The post of the Governor as the constitutional head of the state was taken directly from this Act, although his powers were modified.

2. Judicial and Administrative Influence

The Act established the institutional foundation for modern Indian governance:

  • Federal Court: The Federal Court established in 1937 under this Act was the predecessor to the Supreme Court of India.
  • Public Service Commissions: The Act provided for Federal and Provincial Public Service Commissions, which evolved into the UPSC and State PSCs (like OPSC).
  • Emergency Provisions: The power of the center to take over provincial administration during a crisis was the basis for Emergency Provisions (Articles 352-360).

3. Critical Differences

While the structure was borrowed, the spirit was changed. The 1935 Act focused on Colonial Control and gave the Viceroy "discretionary powers." The Indian Constitution replaced this with Sovereignty of the People, Fundamental Rights, and Adult Suffrage (the right to vote for all).

Conclusion

In conclusion, the Government of India Act 1935 acted as a working model for the Indian Constitution. By providing a ready-made administrative skeleton, it allowed the Constituent Assembly to focus on the democratic ideals and social justice needed for a newly independent nation, making the transition from colonialism to democracy smoother.