“भारत सरकार अधिनियम, 1935 भारतीय संविधान का सबसे महत्त्वपूर्ण स्रोत है।” इसकी विशेषताओं की पहचान कीजिए । "The Government of India Act, 1935 is the most important source of Indian constitution". Identify its features.
The Government of India Act, 1935 (GoI Act 1935) is widely regarded as the most significant single source of the Indian Constitution. While the framers of the Indian Constitution drew inspiration from various constitutions worldwide, a substantial portion of its structural and administrative details, as well as several key principles, were directly borrowed from or heavily influenced by the 1935 Act. This continuity was partly due to the familiarity of Indian leaders and administrators with its provisions.
Here are the key features of the GoI Act 1935 and their reflections in the Indian Constitution:
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Federal Scheme: The Act proposed an All-India Federation, comprising British Indian provinces and princely states (though the federation never fully materialized due to the refusal of princely states to join). The Indian Constitution adopted a federal structure with a strong centre, clearly demarcating powers between the Union and the States.
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Provincial Autonomy: The Act granted autonomy to the provinces, abolishing dyarchy at the provincial level and making provinces responsible for their own administration. This laid the groundwork for the establishment of state governments with defined powers in independent India.
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Distribution of Legislative Powers: The Act divided legislative powers between the Centre and provinces into three lists: Federal List, Provincial List, and Concurrent List. This tripartite division is almost entirely replicated in the Seventh Schedule of the Indian Constitution, which contains the Union List, State List, and Concurrent List.
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Office of Governor: The Act provided for a Governor as the head of the provincial executive, appointed by the British Crown. The Indian Constitution retains the office of Governor, appointed by the President, with similar functions, acting as the constitutional head of the state and a link with the Centre.
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Federal Court: The Act established a Federal Court in 1937 to interpret the Act and resolve disputes between the Centre and provinces, and between provinces. This institution was the direct precursor to the Supreme Court of India, which serves a similar role as the highest judicial authority.
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Public Service Commissions: The Act provided for the establishment of a Federal Public Service Commission and Provincial Public Service Commissions. The Indian Constitution adopted this structure, establishing the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) for recruitment to civil services.
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Emergency Provisions: The Act contained provisions for emergency powers to be exercised by the Governor-General in certain circumstances. While adapted, these provisions influenced the emergency provisions (Articles 352, 356, 360) in the Indian Constitution, allowing the Centre to take over state administration during crises.
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Administrative Details: Many administrative details, procedures, and structures related to finance, audit, and the judiciary were either directly adopted or significantly influenced by the 1935 Act.
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Bicameralism: The Act introduced bicameralism (two houses of legislature) in some provinces. This feature was adopted at both the central level (Lok Sabha and Rajya Sabha) and in some states (Legislative Assembly and Legislative Council) in independent India.
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Ordinance Making Power: The power of the Governor-General to promulgate ordinances during legislative recess was also carried forward, influencing the President's ordinance-making power (Article 123) and the Governor's ordinance-making power (Article 213).
Conclusion:
The Government of India Act, 1935, served as a foundational blueprint for the Indian Constitution. Its provisions provided a ready-made framework for governance, which the Constituent Assembly found pragmatic to adopt and adapt, rather than starting entirely from scratch. While the Indian Constitution also incorporated democratic ideals, fundamental rights, and directive principles from other global constitutions, the structural, administrative, and many functional aspects bear an undeniable resemblance to the 1935 Act, making it the most important single source.