Tuesday, November 12, 2013

Indian Government Act, 1935

The Simon Commission (1927)

' The 1919 Act had provided for the  appointment of a Commission to review the  provisions of the Act in the  light of its working and to extend, modify or restrict  'the  degree of responsibility of government of India. The Commission  was  to be appointed in  1929 as per the provisions of the  Act. it for  various  political
reasons, it was appointed in  1927 with Sir John  Simon as its Chairman. The all- European  composition of the  Commission  was  taken  as an insult  to  Indian nationalism. The Indian  National  Congress,  therefore,  decided to boycott the Commission at every stage and in every form. The slogan 'Simon Go Back' had an
electrifying effect. There was also a revival of terrorist activity reflecting the anger of the people due to the manner in which the national leaders like Lala Lajpat Rai were  treated by the  police. The Commission,  however, completed  its work. The recommendations  of the  report  were  further  examined  by the  Joint  Select Committee of the Parliament.
1 The Simon  report  recommended the discontinuation of the dyarchy  and  leave provincial  government in  the  hands of ministers  responsible to  provincial legislatures. some safeguards, however, were retained in the interest of minorities in the grant of special powers to the Governor. It recommended a Federation like
structure at the Centre - a 'Council of Greater India'  representing both the interests -the British India and the princely States. Political atmosphere in India was hostile to acceptance of the report. Otherwise, some of the recommendations of the Simon Commission  would have hastened the process of fully responsible government in the provinces as well as at the centre.

The Nehru Scheme

Boycotting the  Simon Commission  was  a  negative way of response.  The challenge was to frame a proposal of constitutional reforms acceptable to all. An All Party Conference was, therefore,  called at-Delhi in  February 1928 and it came out with a report  within six months  (August,  1928) known as the Nehru
Report. It was named after Pandit Motilal Nehru,;the Chairman of the Committee which  was  constituted to  draft the  recommendations. The Indian  National Congress ratified the Nehru report in its Calcutta session held in December 1928. !
The report recommended responsible governments both at the provinces and the Centre. The Central government had bicameral  legislature. Its lower house (The House of Representatives) was directly  elected from joint  non-communal constituencies. The distribution of power was on  federal  basis with  residual
powers retained with the Centre. It recommended settina up a defence committee with advisory functions. It also provided  Fundamental Rights in the constitution.  The Report suggested reorganisation of provinces (creation of Sindh, and raising the status of North West Frontier province)  so as to help Muslims have majority in  four provinces. It recommended princely states to  hasten the introduction of similar changes.

Government of India Act,1935:

Main Features

The White Paper and the Joint Select Committee report shaping the Government of India Act  1935 dropped and altered many suggestions  of the  Simon Commission and the  recommendations of the  Round Table conferences. This confirms that 'British  nation has  no intention  whatsoever of relinquishing  effective control of Indian life and progress'  (Winston Churchill). The Act retained the supremacy of
the British Parliament and also the Preamble of the Act of 1919. It meant 'gradual realisation of self governing institutions' as the goal and there was no mention of  Dominion status and the inclusion of provisions to attain it. All rights of amending, altering or repealing the provisions were kept with the British Parliament. The Act removed  dyarchy of the provincial level  but introduced it at the Central  level. It
also introduced safeguards operated in the interest of the British. For the first time, the wide range of subjects were classified in the three list system and assigned to appropriate level of government. This was a novel experiment.

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