India: the Government of India Act 1935, the Constituent Assembly, features, amendment and quasi-federalism
Political Science - Major World Governments · Unit V · Topic 14 of 17 · 6 min read
On this page
Cases checked to exist. Read the judgment before quoting a holding.
Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.
1. Highlights of constitutional history
- Regulating Act 1773 and the Charter Acts: Company rule under parliamentary control.
- Government of India Act 1858: rule passes to the Crown after 1857.
- Indian Councils Acts 1861, 1892, 1909 (Morley–Minto: separate electorates for Muslims).
- Government of India Act 1919 (Montagu–Chelmsford): dyarchy in the provinces.
- Government of India Act 1935, then the Cabinet Mission Plan (1946) and the Indian Independence Act 1947.
2. The Government of India Act, 1935
- All-India Federation of British provinces and princely states. It never came into being because the states did not accede.
- Provincial autonomy, in force from 1937: dyarchy ended in the provinces; elected ministries responsible to legislatures.
- Dyarchy at the Centre: defence and foreign affairs reserved to the Governor-General (not implemented).
- Three lists: Federal, Provincial and Concurrent, with residuary power in the Governor-General.
- Federal Court (1937), forerunner of the Supreme Court.
- Bicameral legislatures in six provinces; wider franchise; separate electorates extended; Burma separated from India.
- Special responsibilities and discretionary powers of the Governor-General and Governors.
Nehru called it a machine with strong brakes but no engine. Yet a large part of the Constitution of 1950 — the federal scheme, the lists, the emergency provisions, the Governor — was drawn from it.
3. The Constituent Assembly and its role
- Formed under the Cabinet Mission Plan, 1946; members indirectly elected by the provincial assemblies, with seats for princely states; after Partition about 299 members.
- First met on 9 December 1946; Dr. Rajendra Prasad elected President; Nehru moved the Objectives Resolution on 13 December 1946, adopted in January 1947, which became the basis of the Preamble.
- Drafting Committee appointed 29 August 1947, chaired by Dr. B.R. Ambedkar; B.N. Rau was constitutional adviser.
- Constitution adopted on 26 November 1949 and in force from 26 January 1950, after 2 years, 11 months and 18 days.
- The Assembly also acted as India’s first (provisional) Parliament.
4. The Preamble and salient features
The Preamble declares India a Sovereign Socialist Secular Democratic Republic and resolves to secure justice, liberty, equality and fraternity (socialist, secular and integrity added by the Forty-second Amendment, 1976). In Kesavananda Bharati v. State of Kerala, 1973 INSC 91, the Supreme Court held it to be part of the Constitution.
- The lengthiest written constitution (originally 395 articles and 8 schedules).
- Drawn from many sources: the 1935 Act, British parliamentary practice, the US Bill of Rights and judicial review, Irish directive principles, Canadian federalism.
- Partly rigid, partly flexible.
- Parliamentary government at Union and State level.
- Federal system with a unitary bias.
- Fundamental Rights (Part III), Directive Principles (Part IV), Fundamental Duties (Part IVA, 1976).
- Independent, integrated judiciary with judicial review.
- Single citizenship; universal adult franchise; secular state.
- Emergency provisions; independent bodies such as the Election Commission and CAG.
5. Amendment procedure (Article 368)
| Method | Applies to |
|---|---|
| Simple majority of Parliament (not treated as amendment under Art. 368) | Creation of new States (Art. 4), abolition of Legislative Councils (Art. 169), and the like |
| Special majority: majority of total membership of each House and two-thirds of members present and voting | Most provisions, including Parts III and IV |
| Special majority plus ratification by legislatures of at least half the States | Federal provisions: election of the President, Union and State executive power, judiciary, the Seventh Schedule, representation in Parliament, Art. 368 itself |
A bill may begin in either House; there is no joint sitting, and the President must assent (24th Amendment). I.C. Golak Nath v. State of Punjab, 1967 INSC 45, held fundamental rights unamendable; Kesavananda (1973) allowed amendment of any part but not of the basic structure; and Minerva Mills v. Union of India, 1980 INSC 142, held limited amending power itself a basic feature.
Landmark amendments touching Parts III and IV: the First (1951: Ninth Schedule, Art. 15(4), restrictions in Art. 19(2)); the Forty-second (1976: Preamble, Fundamental Duties, new directives); the Forty-fourth (1978: property removed from Part III to Art. 300A; Arts. 20 and 21 cannot be suspended in an emergency); the Eighty-sixth (2002: right to education, Art. 21A); and the One Hundred and Third (2019: reservation for economically weaker sections). Parts III and IV are to be read in harmony: the directives are not justiciable (Art. 37) but fundamental in governance.
6. Is India quasi-federal?
Federal features. A written, supreme constitution; division of powers in three lists (Seventh Schedule); a rigid amendment procedure for federal provisions; an independent judiciary to settle disputes (Art. 131); a bicameral Parliament with a Council of States.
Unitary features.
- Article 1: India is a “Union of States”, an indestructible union of destructible states; Parliament can change State boundaries by simple law (Art. 3).
- Residuary powers with the Union (Art. 248); Union law prevails in the Concurrent List (Art. 254).
- Parliament may legislate on State subjects in the national interest on a Rajya Sabha resolution (Art. 249), during emergency (Art. 250), or to implement treaties (Art. 253).
- Emergency provisions: national emergency (Art. 352), President’s Rule (Art. 356), financial emergency (Art. 360).
- Governors appointed by the President and holding office at pleasure; reservation of State bills (Art. 200).
- Single constitution, single citizenship, integrated judiciary, All-India Services (Art. 312), a single Election Commission and CAG.
- Unequal representation of States in the Rajya Sabha; financial dependence of States on Union transfers.
Conclusion. K.C. Wheare called India “quasi-federal”, a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features. Granville Austin preferred cooperative federalism; Ambedkar said the Constitution could be both unitary and federal according to time and circumstance. In S.R. Bommai v. Union of India, 1994 INSC 111, the Supreme Court held federalism a basic feature and subjected President’s Rule to judicial review.
7. Centre–State relations (provisions)
- Legislative (Arts. 245–255): territorial extent, the three lists, repugnancy.
- Administrative (Arts. 256–263): States must comply with Union laws and directions (Arts. 256, 257); delegation; inter-State water disputes (Art. 262); Inter-State Council (Art. 263).
- Financial (Arts. 264–293): distribution of taxes, Finance Commission every five years (Art. 280), grants-in-aid (Arts. 275, 282), and since the 101st Amendment (2016) the GST Council (Art. 279A).
- Review bodies: the Sarkaria Commission (1983–88) and the Punchhi Commission (2007–10).
How this is examined
The quasi-federal essay (February 2025, Q.5(a)) and the 1935 Act short note (same paper) both draw from here; so do the features of the Indian Constitution and the amendment procedure. For quasi-federalism, the examiner wants both lists, the Wheare quotation and Bommai. For the 1935 Act, give seven provisions and Nehru’s verdict.
Now try the real questions: Political Science - Major World Governments past question papers.