Government of India Act 1935

This Act had three important features:

• An All-India Federation;
• Responsible Government with safeguards;
• Separate representation of communal and other groups; and
• It had 321 sections with 10 Schedules.

Aimed at federal structure, the Governor General was to have a Council of Ministers, not exceeding 10 in number, "to aid" and "advise him" in the exercise of his functions in his discretion or in his individual judgement.

Dyarchy was rejected by the Simon Commission, was provided for in the Federal Executive.

The administration of Defence, External Affairs, Ecclesiastical affairs and Tribal areas, was to be made by Governor General in his discretion with the assistance of maximum three councillors appointed by him, who were not responsible to the legislature.

With regard to matters other than the 'reserved subjects', the Governor General was to act on the advice of a Council of Ministers, who was responsible to legislature.

As regards the special responsibilities and Governor General was to act under the control and directions of the Secretary of State.

Federal Structure: The Council of State was to be a permanent body with one-third of its membership being vacated and renewed triennially. The Federal Assembly whose duration was fixed for five years.

Features of Federal Legislature:

• Ironically, in the Upper House the election was to be direct while in the Lower and theoretically more popular house was indirect.
• The princes were to nominate l/3rd of the representatives in the Lower House and 2/5ths in the Upper House.
• There was a provision of Dyarchy at the Centre, As regards the subject matter of Federal and Provincial laws,

There were three lists:

1. Federal Legislative Lists; consisted of 59 items like External Affairs, Defence, Currency and Coinage, Naval, Census, Ecclesiastic Affairs, etc.
2. Provincial Legislative Lists; consisted of 54 items of local interest like, Education, Public Services, Police, etc., and
3. Concurrent Legislative Lists; consisted of 26 subjects like Criminal Law, Criminal Procedure, Civil Procedure, Marriage and Divorce, Arbitration, etc.

Residuary Legislative powers were vested in the Governor-General to decide in his sole discretion as to under which list a particular subject fell.

Federal Lists: Federal Subjects were divided into two categories, The reserved and Transferred.

• The reserved subjects like defence, external affairs, ecclesiastic affairs, and tribal areas, was to be made by the Governor-General in his discretion with the help of the Councillors appointed by him who were not responsible to the legislature.
• The transferred subjects were to be administered by the Governor-General who was to act on the advice of the Council of Ministers who were responsible to the Legislature.

Federal Court: The Act established a Federal Court with a Chief Justice and not more than six judges. The retiring age of these judges was sixty-five years. The Judges were appointed by the Crown.

Provincial Government: The Provincial Executive was to consist of the Governor and a Council of Ministers to advice him. In all Provincial legislative Assemblies all members were directly elected by the people. In six provinces (Madras, Bombay, Bihar, Assam, the United Provinces and Bengal) there was a bicameral Legislature.