Government of India Act, 1935

Official text of the Government of India Act, 1935 sections referenced in Constitutional Law‑I, Unit I. Each section below has its own link target, so it can be linked to directly from a notes post or the Unit I Bare Acts index.

Section 5 — Establishment of the Federation (in relevant part)

"...united in a Federation under the Crown, by the name of the Federation of India."

Full section: empowered His Majesty to proclaim, once a sufficient number of Indian States (by population) had acceded, that the Governors’ Provinces and the acceding Indian States be united in a Federation under the Crown, by the name of the Federation of India. This federation never came into force — too few States acceded before the Second World War intervened.

Section 12 — Governor-General’s special responsibilities

"(1) In the exercise of his functions the Governor-General shall have the following special responsibilities, that is to say,— (a) the prevention of any grave menace to the peace or tranquillity of India or any part thereof; (b) the safeguarding of the financial stability and credit of the Federal Government; (c) the safeguarding of the legitimate interests of minorities; (d) the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests; (e) the securing in the sphere of executive action of the purposes which the provisions of Chapter III of Part V of this Act are designed to secure in relation to legislation; (f) the prevention of action which would subject goods of United Kingdom or Burmese origin imported into India to discriminatory or penal treatment; (g) the protection of the rights of any Indian State and the rights and dignity of the Ruler thereof; and (h) the securing that the due discharge of his functions with respect to matters with respect to which he is by or under this Act required to act in his discretion, or to exercise his individual judgment, is not prejudiced or impeded by any course of action taken with respect to any other matter. (2) If and in so far as any special responsibility of the Governor-General is involved, he shall in the exercise of his functions exercise his individual judgment as to the action to be taken."

Section 18 — The Federal Legislature

"(1) There shall be a Federal Legislature which shall consist of His Majesty, represented by the Governor-General, and two Chambers, to be known respectively as the Council of State and the House of Assembly (in this Act referred to as ‘the Federal Assembly’). (2) The Council of State shall consist of one hundred and fifty-six representatives of British India and not more than one hundred and four representatives of the Indian States, and the Federal Assembly shall consist of two hundred and fifty representatives of British India and not more than one hundred and twenty-five representatives of the Indian States. ... (4) The Council of State shall be a permanent body not subject to dissolution, but as near as may be one-third of the members thereof shall retire in every third year in accordance with the provisions in that behalf contained in the said First Schedule. (5) Every Federal Assembly, unless sooner dissolved, shall continue for five years from the date appointed for their first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly."

Section 52(3) — Governor’s individual judgment

"If and in so far as any special responsibility of the Governor is involved, he shall, in the exercise of his functions, exercise his individual judgment as to the action to be taken."

This is the provincial-Governor counterpart to the Governor-General's Section 12 above, and is the direct textual ancestor of the “Governor's discretion” language later used in the Indian Constitution.

Section 93 — Governor’s power to assume functions of the Provincial Government

"(1) If at any time the Governor of a Province is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordance with the provisions of this Act, he may by Proclamation— (a) declare that his functions shall, to such extent as may be specified in the Proclamation, be exercised by him in his discretion; (b) assume to himself all or any of the powers vested in or exercisable by any Provincial body or authority; and any such Proclamation may contain such incidental and consequential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Act relating to any Provincial body or authority: Provided that nothing in this subsection shall authorize the Governor to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend, either in whole or in part, the operation of any provision of this Act relating to High Courts. ... (5) The functions of the Governor under this section shall be exercised by him in his discretion and no Proclamation shall be made by a Governor under this section without the concurrence of the Governor-General in his discretion."

Widely recognised as the direct statutory precursor of Article 356 (President's Rule) of the Indian Constitution — the Constituent Assembly Debates themselves reference this section when justifying Article 356.

Section 100(1)–(4) — Distribution of legislative powers: the three Lists

"(1) ...the Federal Legislature has, and a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act (hereinafter called the ‘Federal Legislative List’)."

"(2) ...the Federal Legislature, and, subject to the preceding subsection, a Provincial Legislature also, have power to make laws with respect to any of the matters enumerated in List III in the said Schedule (hereinafter called the ‘Concurrent Legislative List’)."

"(3) ...the Provincial Legislature has, and the Federal Legislature has not, power to make laws for a Province...with respect to any of the matters enumerated in List II in the said Schedule (hereinafter called the ‘Provincial Legislative List’)."

"(4) The Federal Legislature has power to make laws with respect to matters enumerated in the Provincial Legislative List except for a Province or any part thereof."

This three-list division is the direct textual and structural ancestor of Article 246 and the Seventh Schedule of the Indian Constitution (Union List, State List, Concurrent List).