Previous Year Question
With reference to the Government of India Act, 1935, consider the following statements:
It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States.
Defence and Foreign Affairs were kept under the control of the federal legislature.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: A
Detailed Solution
Statement 1 is correct. The Government of India Act, 1935 provided for the establishment of a Federation of India comprising the British Indian Provinces and those Princely States that acceded under the Act. Part II, Chapter I of the Act contained provisions concerning the establishment of the Federation and the accession of Indian States.
The proposed Federation was not to consist only of the British Indian Provinces. It was to include Governors’ Provinces, Chief Commissioners’ Provinces and Princely States that voluntarily joined it. The inclusion of British Indian Provinces was compulsory, whereas a Princely State could join through an Instrument of Accession.
However, the All India Federation did not come into existence because the required number of Princely States did not agree to join it. Consequently, the federal part of the Act was never brought into operation.
Statement 2 is incorrect. Under Section 11 of the Act, the functions of the Governor-General concerning defence, external affairs, ecclesiastical affairs and tribal areas were to be exercised in his discretion. Therefore, Defence and Foreign Affairs were not placed under the control of the federal legislature; they remained under the special and discretionary control of the Governor-General.
The Government of India Act, 1935 proposed Dyarchy at the Centre. Central subjects were divided into Reserved Subjects and Transferred Subjects. Defence and Foreign Affairs were Reserved Subjects, which were to be administered by the Governor-General in his discretion.