Q : It would have been difficult for the Constituent Assembly to complete its historic task of drafting the Constitution for Independent India in just three years but for the experience gained with the Government of India Act, 1935. Discuss. 2015 | 12.5
Introduction:
The Constituent Assembly of India (1946–1949) faced the historic task of drafting a constitution for a newly independent and diverse nation. Despite the magnitude of the challenge, the Assembly completed its work in less than three years. A major reason for this efficiency was the institutional and administrative experience gained under the Government of India Act, 1935, which served as a foundational framework for constitutional deliberations.
GOI Act 1935 & the Making Of Constitution of India
Aspect | Government of India Act, 1935 – Experience | Influence on the Constitution of India |
Administrative Framework | Introduced provincial autonomy and a federal structure (though not fully implemented) | Provided the basis for India’s federal system with division of powers between the Union and States |
Division of Powers | Created three lists – Federal, Provincial, and Concurrent | Adopted in the Constitution almost in the same form (Seventh Schedule) |
Legislative Structure | Bicameral legislature at the Centre (Council of States and Federal Assembly) | Continued in the Rajya Sabha and Lok Sabha structure of Parliament |
Executive System | Established offices of Governor-General and provincial Governors with defined powers | Served as a model for the President and Governors, though with reduced discretionary authority |
Judiciary | Provided for a Federal Court (1937) and provisions for High Courts | Formed the base for an integrated judiciary with the Supreme Court at the apex |
Public Services & Civil Administration | Created Public Service Commissions at central and provincial levels | Continued in the form of UPSC and State PSCs ensuring administrative continuity |
Emergency Provisions | Empowered the Governor-General to assume control during breakdown of constitutional machinery | Adapted as President’s Rule (Article 356) and National Emergency (Article 352) provisions |
Franchise & Representation | Introduced limited franchise based on property, education, and income | The experience of electoral management helped transition to universal adult franchise in 1950 |
Provincial Autonomy | Ministries formed in provinces after 1937 elections familiarized Indian leaders with governance | Provided practical administrative experience to many future framers like Nehru, Patel, and Ambedkar |
Conclusion:
The Government of India Act, 1935 acted as a constitutional blueprint for India’s founding fathers. It provided administrative experience, institutional continuity, and a tested legal framework. While the framers modified it to suit democratic and republican ideals, the Act’s structure helped the Constituent Assembly complete its monumental task efficiently within three years.