Nội dung text Pakistan Study Question No 13 Write down a note on Indian Act 1935..pdf
ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of PAKISTAN STUDY you can watch lecture of this question from here. https://www.youtube.com/watch?v=Ihqctt7DISE&list=PLXTPClsX2 hdCEMTbtdoaBkTbD7CCKPICO&pp=iAQB Question # 14: Write a note on the Indian Act 1935? 1. INTRODUCTION: The Indian Act of 1935 was an important law in India during British rule. The government of India Act 1935 was very lengthy. It had 321 sections and ten schedules. It was a comprehensive written constitution given to India. The Act came into force on 1st April 1937. It had rules about how the country was governed. It talked about important things like elections and the power of leaders. This law helped shape how India was run before it became independent in 1947. 2. HISTORICAL BACKGROUND:
The Act was passed in the wake of the Round Table Conferences, which were a series of meetings held between British and Indian leaders in 1930 and 1932. The conferences were an attempt to find a way to resolve the growing political tensions in India. 3. IMPORTANCE: The Indian Act of 1935 was an important step towards Indian independence. It gave more Indians a say in their own government by introducing direct elections and a bill of rights. It also paved the way for the establishment of a federal system in India. 4. SALIENT FEATURES OF INDIAN ACT 1935: • Federalism: The Act provided for a federal system of government, with a central government and a number of provincial governments. • Provincial autonomy: The provinces were granted a large degree of autonomy, with control over their own finances, police, and public works. The provinces were also given the power to make laws on a wide range of subjects. • Bicameral legislature: The central government was to have a bicameral legislature, consisting of a Council of States and a Federal Assembly. o The Council of States was to be composed of 270 members, who were to be elected by the provincial legislatures and the princely states. o The Federal Assembly was to be composed of 375 members, who were to be elected by the people of British India. • Diarchy: The Act introduced the system of diarchy at the center, whereby certain subjects were to be administered by ministers responsible to the legislature, while other subjects were to be administered by the governor general. • Separate electorates: The Act provided for separate electorates for different religious communities, such as Hindus, Muslims, and Sikhs. This was a controversial provision, as it was seen as a way of dividing the Indian people. • Fundamental rights: The Act did not include any provisions for fundamental rights, such as the right to freedom of speech and expression. • Rigid constitution: The Act was a rigid constitution, which meant that it could only be amended by a special procedure.
• Abolition of dyarchy in the provinces: The Act abolished dyarchy in the provinces and introduced 'provincial autonomy' in its place. This meant that the provinces were now to be run by ministers who were responsible to the provincial legislatures. • Increased powers to the provinces: The Act gave the provinces increased powers over a wide range of subjects, including education, agriculture, and local government. • Creation of a federal court: The Act created a federal court, which was to have the power to interpret the Act and to resolve disputes between the central government and the provinces. • Separation of Burma from India: The Act separated Burma from India and made it a separate colony. • Abolition of the Indian Council of the Secretary of State: The Act abolished the Indian Council of the Secretary of State, which had been the body responsible for advising the British government on Indian affairs. • Reorganization of provinces: The Act reorganized the provinces of British India, creating new provinces and merging existing provinces. • Power to issue ordinance: The Act gave the governor general the power to issue ordinances, which were to have the force of law. This power was intended to be used in emergencies. • Right to appeal to the Privy Council: The Act retained the right of appeal to the Privy Council in London, which was the highest court of appeal for British India. 5. CONCLUSION: The Government of India Act of 1935 was a significant step towards self-government for India. It introduced a federal system of government, with a bicameral legislature at the center and provincial autonomy. However, the act retained many safeguards for British interests, and it was ultimately rejected by Indian nationalists. Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159