A federal structure for India was first put forward by

A federal structure for India was first put forward by which act?

Answer: Act of 1935

A federal structure for India was first put forward in Government of India Act of 1935.

The ‘Government of India Act’ was passed by the British parliament in 1935 and came into effect in 1937. It was one of the lengthiest Acts at that time as it contained 321 sections and 10 schedules. Once the act was passed the government saw that it was too lengthy to be regulated with efficiency and thus, the government decided to divide it into two parts for the act to function in a proper manner:
1. The Government of India Act, 1935
2. The Government of Burma Act, 1935

The act led to bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.

Important Aspects of the Act:

1. The grant of a large measure of autonomy to the provinces of British India (ending the system of diarchy introduced by the Government of India Act 1919)

2. Provision for the establishment of a “Federation of India”, to be made up of both British India and some or all of the “princely states”. The Act divided the powers between the Centre and the provinces in terms of three lists – Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.

3. The introduction of direct elections, thus increasing the franchise from seven million to thirty-five million people

4. A partial reorganization of the provinces:
» Sindh was separated from Bombay
» Bihar and Orissa was split into separate provinces of Bihar and Orissa
» Burma was completely separated from India
» Aden was also detached from India, and established as a separate Crown colony

5. Membership of the provincial assemblies was altered so as to include any number of elected Indian representatives, who were now able to form majorities and be appointed to form governments

6. The establishment of a Federal Court

However, the degree of autonomy introduced at the provincial level was subject to important limitations: the provincial Governors retained important reserve powers, and the British authorities also retained a right to suspend responsible government.

The parts of the Act intended to establish the Federation of India never came into operation, due to opposition from rulers of the princely states. The remaining parts of the Act came into force in 1937, when the first elections under the act were also held.

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