Ø
The Act of 1935 prescribed a federation, taking
the provinces and the Indian States (native states) as units.
Ø
It was optional for the Indian States to join
the Federation, and since they never joined, the Federation never came into being.
Ø
The Act divided legislative powers between the
Centre and Provinces.
Ø
The executive authority of a Province was also
exercised by a Governor on Behalf of the Crown and not as a subordinate of the
Governor General.
Ø
The Governor was required to act with the advice
of Ministers responsible to the Legislature.
Ø
In certain matters, the Governor was required to
act ‘in his discretion’ without ministerial advice and under the control and
directions of the Governor General, and, through him, of the Secretary of
State.
Ø
The executive authority of the Centre was vested
in the Governor General (on behalf of the Crown).
Ø
Counselors or Council of Ministers responsible
to the Legislature was nto appointed although such provisions existed in the
Act of 1935.
Ø
The Central Legislature was bi-cameral,
consisting of the Federal Assembly and the Council of State.
Ø
In six provinces, the legislature was
bi-cameral, comprising a Legislative Assembly and a Legislative Council. In
other provinces, the Legislature was uni-cameral.
Ø
A part form the Governor General’s power of
veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
Ø
The governor General could prevent discussion in
the Legislature and suspend the proceedings on any Bill if he was satisfied
that it would affect the discharge of his special responsibilities.
Ø
The Governor General Had independent powers of
legislation, concurrently with those of the Legislature.
Ø
On some subjects no bill or amendment could be
introduced in the Legislature without the governor-General’s previous sanction.
Ø
A three –fold division in the Act of 1935- There
was a Federal List over which the Federal Legislature had exclusive powers of
legislation. There was a Provincial List over which the Federal Legislature had
exclusive powers of legislation. There was a provincial List of matters over
which the Provincial Legislature had exclusive jurisdiction. There was a
Concurrent List also over which both the Federal and Provincial Legislature had
competence.
Ø
The Governor- General was empowered to authorize
either the Federal or the Provincial Legislature to enact a law with respect to
any matter which was not enumerated in the above noted Legislative lists.
Ø
Dominion
Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of
India Act, 1935.
Cripps Mission
Ø
In March 1942, Sir Stafford Cripps, a members of
the British cabined came with a draft declaration on the proposals of the
British Government.
Ø
These proposals were to be a adopted at the end
of the Second World War provided the Congress and the Muslim League could
accept them.
Ø
According to the proposals
·
The Constitution of India was to be framed by an
elected Constituent Assembly by the
Indian People.
·
The Constitution should give India Dominion
Status.
·
There should be one Indian Union comprising all
the Provinces and Indian States;
·
Any province (or India state ) not accepting the
Constitution would be free to retain its constitutional position existing at
that time and with such non-acceding provinces the British Government could
enter into separate Constitutional arrangements.
