Seats for representatives of commerce and industry. In computing for the purposes of this subsection the standing of a barrister or a member of the Faculty of Advocates, or the period during which a person has been a pleader, any period during which a person has held judicial office after he became a barrister, a member of the Faculty of Advocates or a pleader, as the case may be, shall be included. The federal subjects were divided into reserved and transferred subjects. The act divided the powers between the Centre and provinces in terms of three list-Federal List for Centre, with 59 items , Provincial List for Provinces, with 54 items , and Concurrent list for both, with 36 items. The Crisis of Indian Unity, 1917—1940.
Burma was proposed to be separated in pursuance of the recommendation of the Indian Statutory Simon Commission whose proposal was accepted in principle by the Government. In discharging his functions under this subsection, the Governor-General shall act in his discretion. The remaining parts of the Act came into force in 1937, when the first elections under the act were also held. The Parliament debated the report and passed a bill in February 1935, which got royal assent on July 24th 1935, and it was enforced on April 1, 1937 with the name of Government of India Act 1935. The Federation, as planned in the Act, was not viable and would have rapidly broken down with the British left to pick up the pieces without any viable alternative. The act proposed for the establishment of All India Federation consisting of British Indian Provinces and Princely states. States not mentioned in any of the preceding Divisions, but described in paragraph 12 of this Part of this Schedule.
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. Administration of Federal Affairs 9 Council of ministers 1 There shall be a council of ministers, not exceeding ten in number, to aid and advise the Governor-General in the exercise of his functions, except in so far as he is by or under this Act required to exercise his functions or any of them in his discretion : Provided that nothing in this subsection shall be construed as preventing the Governor-General from exercising his individual judgment in any case where by or under this Act he is required so to do. In the Punjab one of the landholders' seats shall be a seat to be filled by a Tumandar. Broadcasting 129 Broadcasting 1 The Federal Government shall not unreasonably refuse to entrust to the Government of any Province or the Ruler of any Federated State such functions with respect to broadcasting as may be necessary to enable that Government or Ruler— a to construct and use transmitters in the Province or State; b to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province or State: Provided that nothing in this subsection shall be construed as requiring the Federal Government to entrust to any such Government or Ruler any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by persons so authorised. Procedure generally 84 Rules of procedure 1 A Chamber of a Provincial Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business: Provided that, as regards either a Legislative Assembly or a Legislative Council, the Governor shall in his discretion, after consultation with the Speaker or the President, as the case may be, make rules— a for regulating the procedure of, and the conduct of business in, the Chamber in relation to any matter which affects the discharge of his functions in so far as he is by or under this Act required to act in his discretion or to exercise his individual judgment; b for securing the timely completion of financial business; c for prohibiting the discussion of, or the asking of questions on, any matter connected with any Indian State unless the Governor in his discretion is satisfied that the matter affects the interests of the Provincial Government or of a British subject ordinarily resident in the Province, and has given his consent to the matter being discussed, or to the question being asked; d for prohibiting, save with the consent of the Governor in his discretion— i the discussion of or the asking of questions on any matter connected with relations between His Majesty or the Governor-General and any foreign State or Prince; or ii the discussion, except in relation to estimates of expenditure, of, or the asking of questions on, any matters connected with the tribal areas or arising out of or affecting the administration of an excluded area; or iii the discussion of, or the asking of questions on, the personal conduct of the Ruler of any Indian State or of a member of the ruling family thereof; and, if and in so far as any rule so made by the Governor is inconsistent with any rule made by a Chamber, the rule made by the Governor shall prevail.
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. Not more than 65 Not more than 8. However, Indian politicians were quick to note that provincial authorities retained the technical ability to act independently of their largely Indian legislatures in certain cases. In all likelihood, these representatives would be largely Congressmen. This acted bought the powers of the railways under new federation called as federal railway authority which consisted of seven members. However, the princes did not join, and thus exercising the veto provided by the Act prevented the Federation from coming into existence. No Indian legislature whether federal or provincial was authorized to modify or amend the constitution.
Parliamentary systems had been set up in which the Indians people were to gain increasing representation. The term of the assembly was five years but it could be dissolved earlier also. Some were to be nominated by the Governor-General. It consisted of two houses council of states and federal assembly. The one house of the Assembly was called the Indian Legislature Assembly and the other house of the Assembly was The Council of State.
These subjects included defence, ecclesiastical affairs church-related , external affairs, press, police, taxation, justice, power resources and tribal affairs. The Government of India Act of 1935 must be contextualized by pointing out that the ebb and flow of Indian nationalist politics had during the interwar years become a raging torrent. Alternative Title: East India Company Acts Government of India Acts, succession of measures passed by the British Parliament between 1773 and 1935 to regulate the government of India. Any award made in an arbitration under the foregoing provisions of this section and any settlement of the dispute agreed to by the Secretary of State with the concurrence of his advisers shall be binding on the Federal Government and the Authority, and any sum which the Secretary of State may become liable or may so agree to pay by way of debt, damage or costs, and any costs or expenses incurred by him in connection with the matter, shall be paid out of the revenues of the Federation and shall be charged on those revenues but shall be a debt due to the Federation from the Authority. The Governor General by his special powers and responsibilities could dominate the ministers. They were not responsible for the legislative.
The thought of independent nation was much more developed resulted in the independence moving nearer. Inter-Provincial Go-operation 135 Provisions with respect to an Inter-Provincial Council If at any time it appears to His Majesty upon consideration of representations addressed to him by the Governor-General that the public interests would be served by the establishment of an Inter-Provincial Council charged with the duty of— a inquiring into and advising upon disputes which may have arisen between Provinces; b investigating and discussing subjects in which some or all of the Provinces, or the Federation and one or more of the Provinces, have a common interest; or c making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for His Majesty in Council to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure. 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 council of ministers had to command the confidence of legislature. Many leaders including Gandhiji were arrested by the British. In reckoning any such period of six months as is referred to in this subsection, no account shall be taken of any time during which the Legislature is prorogued or during which both Chambers are adjourned for more than four days.
Extension of Franchise The act extended the franchise. Legislative Assemblies 3 The allocation of seats in Provincial Legislative Assemblies shall be as shown in the relevant Table of Seats appended to this Schedule. About 10 per cent of the total population got the voting right. Another significant feature of the 1935 act was the proposal for a federation of British and princely India. The Secretary of State shall lay the draft of the Order which it is proposed to recommend His Majesty to make under this subsection before Parliament within six months from the passing of this Act. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.