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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

The making of the Indian Constitution, its Preamble and salient features, the Article 368 amendment procedure with landmark amendments, Parts III and IV, and why India is called quasi-federal.

On this page
  1. 1. Highlights of constitutional history
  2. 2. The Government of India Act, 1935
  3. 3. The Constituent Assembly and its role
  4. 4. The Preamble and salient features
  5. 5. Amendment procedure (Article 368)
  6. 6. Is India quasi-federal?
  7. 7. Centre State relations (provisions)
  8. How this is examined
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.

The examinable core. February 2025 asked how India can be considered a quasi-federal state (10 marks) and set the Government of India Act, 1935 as a short note. Both come from this note. In the quasi-federal answer, list the federal features, then the unitary ones, then conclude with Wheare and Bommai.

1. Highlights of constitutional history

2. The Government of India Act, 1935

  1. All-India Federation of British provinces and princely states. It never came into being because the states did not accede.
  2. Provincial autonomy, in force from 1937: dyarchy ended in the provinces; elected ministries responsible to legislatures.
  3. Dyarchy at the Centre: defence and foreign affairs reserved to the Governor-General (not implemented).
  4. Three lists: Federal, Provincial and Concurrent, with residuary power in the Governor-General.
  5. Federal Court (1937), forerunner of the Supreme Court.
  6. Bicameral legislatures in six provinces; wider franchise; separate electorates extended; Burma separated from India.
  7. 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

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.

  1. The lengthiest written constitution (originally 395 articles and 8 schedules).
  2. Drawn from many sources: the 1935 Act, British parliamentary practice, the US Bill of Rights and judicial review, Irish directive principles, Canadian federalism.
  3. Partly rigid, partly flexible.
  4. Parliamentary government at Union and State level.
  5. Federal system with a unitary bias.
  6. Fundamental Rights (Part III), Directive Principles (Part IV), Fundamental Duties (Part IVA, 1976).
  7. Independent, integrated judiciary with judicial review.
  8. Single citizenship; universal adult franchise; secular state.
  9. Emergency provisions; independent bodies such as the Election Commission and CAG.

5. Amendment procedure (Article 368)

MethodApplies 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 votingMost provisions, including Parts III and IV
Special majority plus ratification by legislatures of at least half the StatesFederal 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.

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)

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.