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This document discusses the Government of India Acts passed by the British and their impacts on India's post-independence constitution. It analyzes the Government of India Acts of 1858, 1919, 1935 and how they gradually increased autonomy and representation in government. While these acts laid the groundwork, Indians were still not given full rights and independence. The document then examines how provisions from these acts were adopted into the Indian constitution after independence in 1947 and 1950. It aims to compare the various Government of India Acts and suggest potential amendments to further strengthen India's democratic system.

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0% found this document useful (0 votes)
78 views

422 PDF

This document discusses the Government of India Acts passed by the British and their impacts on India's post-independence constitution. It analyzes the Government of India Acts of 1858, 1919, 1935 and how they gradually increased autonomy and representation in government. While these acts laid the groundwork, Indians were still not given full rights and independence. The document then examines how provisions from these acts were adopted into the Indian constitution after independence in 1947 and 1950. It aims to compare the various Government of India Acts and suggest potential amendments to further strengthen India's democratic system.

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chandan kumar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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International Journal of Pure and Applied Mathematics

Volume 120 No. 5 2018, 331-346


ISSN: 1314-3395 (on-line version)
url: http://www.acadpubl.eu/hub/
Special Issue
http://www.acadpubl.eu/hub/

Government of India Acts and it’s adoption and impacts in the constitution and post
independence

1
M. Ugarthi Shankalia, 2 Ms. Renuga
1
Student, Saveetha School Of Law, Saveetha Institute Of Medical and Technical Sciences,
Saveetha University, Chennai-77, Tamil Nadu, India
2
Assistant Professor, Saveetha School Of Law,. Saveetha Institute Of Medical and Technical
Sciences, Saveetha University, Chennai-77, Tamil Nadu, India
1
[email protected], 2 [email protected]

Abstract
India got its independence from the British on 15th August 1947 . Even before that
India went through lot of constitutional amendments which were done by the British. The
various Acts such as Regulating Act , Pitts India Act and etc., helped to frame the more or
less the right constitution for India’s Governance. A constituent assembly was formed for this
purpose in 1946 and on 26th January 1950, the constitution came into being. Each province
and state were made adapted to the constitution. The then Government of India act 1858,
Government of India act 1919, Government of India acts 1935 had brought lots of
constitutional amendments in the country. The Constitution of India made lots of important
changes in the central and regional Government. These acts provided for the independence of
India. These acts enlarged the legislature in the provinces. The introduction of the electoral
principle laid the groundwork for the parliamentary system even though this was contrary to
the intent of Morley. Ideals of liberty, equality and fraternity were adopted. This paper aims
on explaining about the Government of India act 1919, Government of India acts 1935 and
Government of India act 1950 and the various changes made in the upcoming acts and the
comparative study on the above Acts are also made in this paper. The acts are compared and
the further possible changes to be made are also mentioned in this paper . The treaties and
charters responsible for the change in the constitution are given. The suggestion are
mentioned below and the discussions are also recorded.

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International Journal of Pure and Applied Mathematics Special Issue

Keywords
Constitution of India , government of India act, Indian economy, independence, assembly.

Introduction
In the year of 1600 the British came to India through the East India Company for the
trade purposes. But eventually in the upcoming years through the other charters and acts the
British acquired the Indian territories. In the year of 1858 August, The Government of India
Act was passed by the British Parliament to set an end to the East India Company rule which
is famously called as Queen Victoria Proclamation. The control of British Government of
India was transferred to the British crown. The British Governor General of India was given
the title Viceroy of India which means the representative of the Monarch. The people of India
were granted their rights by Queen Victoria under this act. The Government of India act 1919
which is known as Montague-Chelmsford reforms and this Act made an introduction to
bicameral legislature at the centre. The act has made changes in the regional government also.
This act sought to fulfil its promises by emphasising greater autonomy of provinces and by
making changes to the constitution. Government of India Acts made in British Rule sought to
establish by a somewhat novel process and that process consisting of somewhat autonomous
British India provinces. The next significant Act passed by the British was Government of
India act 1935. This was passed by the British parliament to regulate the constitutional
development in India. The government of India 1935 introduced direct elections and
expanded the franchise . This act brought certain changes which was not fulfilled in the
previous act. Certain improvements were made in the act and the government of India act
1919 formulated underwent some changes in the act of 1935.
Each and every act had it’s own defects and deficiencies and many other acts were brought
in order to rectify the mistakes and defects of the previous act. The Government of India act
1858 was introduced to rectify the deficiencies in the regulating act and Pitts India act, the
Government of India act 1919 was enacted to correct the defects in act of 1858. But in the
following acts the Indian people were not given their due rights by the Queen and were
denied their rights. Moreover since the Indians were denied their rights by the British,
changes were introduced in the administrative system and a new act was enacted called as
government of India act 1919. After the passing of government of India act 1858 governance
of India was taken over from the East India company by the British crown. The introduction
of civil Servant was brought during this period. But still the high posts were given only to the
British but not the Indians. The act of 1919 had many shortcomings. It didn’t fulfil the

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International Journal of Pure and Applied Mathematics Special Issue

demand for the responsible government. The system of Dyarchy in the provinces were an
utter failure. The governor rule dominated and the ministers did not have enough powers to
implement their ideas and policies. The ministers were not altogether responsible and were
only individually appointed by the governor as their advisers.Hence many other reformations
were made in the acts and new acts were passed by the British Parliament. Even though many
acts came to light Indian people were not given their freedom and were not allowed to enjoy
their privileges. Even though the previous acts had defects in them the Government of India
act 1935 was proved to the landmark act in the Indian constitutional history as it provided
new form of government for which was suitable for the modern world. It introduced the
bicameral federal legislature which now comprises of two houses Lok sabha and Rajya sabha.
This is the only act which made our Indian democracy the largest democracy in the world.
This research brings forth the advantages and disadvantages of the various Government of
India Acts. The acts are compared in between one and another and the changes are recorded.
Certain amendments which are to be made and that can be changed are also given. This
research paper aims on bringing in new amendments in the Indian constitution and
improvements can also be made in the constitution. The reasons for the introduction of every
acts are explained in detail. To analyse the Government of India acts and to know the step by
step development of Indian constitution.

Methods and materials


The paper is a Doctrinal Research which is done by collecting datas from research articles,
books, newspapers and journals, from other authors and websites based on the topic.

Hypothesis
Null hypothesis
Government of India Acts has created a significant impact on the constitution.

Alternate hypothesis
Government of India Acts does not have a significant impact on the constitution.

Review of literature

It’s said that after 60 years of independence from the British Colonial rule and after
the introduction of the Government of India act, our country India has shown a significant

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International Journal of Pure and Applied Mathematics Special Issue

improvement in the economic and political transformation. Politically conscious, increasingly


participating, the country’s masses has been an awakening force that is yet to find coherence
1
and direction in the world’s largest democracy Stanley. A. Kochanek, (2008)

Under the Government of India Act the constitution of independent India, the states were
granted the power to enact the land reforms. Several states passed legislation in the early
1950s formally abolishing the landlord and other intermediaries between the government and
2
the cultivators (A. Banerjee and L. Iyer, 2002)

The passage of 73rd and 74th amendments in the year 1994 is the landmark of evolution of
local governments system in India. The constitution of India has assigned executive
3
legislative domain over the local government in the each provinces (Shubham Chaudhary,
2003).

The constitution of a country is it’s past history and future aspirations. The reforms
inaugurated was based upon the famous declaration of British policy towards India4 (M.
Ramaswamy, (1956)).

Great constitutional interests attaches itself to the judicial arrangement operatives in their
period. The charter established in Bengal the courts were also setup in Bombay and Madras.
The Mayor court, the court of requests and the governor and the council as a court of appeal
from the Mayor court 5 ( Arthur Berriandale Keith, 2017 ).

1
Stanley. A. Kochanek, (2008), India Government and politics in a developing nation,
Thomas learning Publications. Seventh edition.
2
A . Banerjee and L. Iyer, (2002), Massachusetts institute of technology, History, Institutions
and economic performance.
3
Shubham Chaudhary (2003), What difference does a constitutional amendment make ? The
1994 Panchayati Raj Act and the attempt to revitalize rural local government in India.
4
M. Ramaswamy, (1956), Constitutional development in India, Stanford law review, vol 8 no
3 pp 326-387.
5
Arthur Berriandale Keith, (2017), A constitutional history of India, Routledge library
edition, 1st edition.

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International Journal of Pure and Applied Mathematics Special Issue

The 26th January 1950 marked a great event in the long and chequered history of India, a
constitution is set of laws and rules setting up the machinery of the government of a state
which define and determines the relations between the different institutions and areas of
6
government (M. V. Pylee 2003 ).
The classical distinctions under the Government of India act between horizontal and vertical
political mobilisation proposed by Lloyd and Susanne Rudolph captured the essence of north
south political differences. Affirmative action leads to the cooperation of a tiny lower caste
and scheduled elite into existing vertical structure under the act 7 ( A. Varshney, 2000 ).

The council of India act 1907 modified the constitution of Indian Council for legislative
purposes. This act empowered the Secretary of State for India to raise the maximum number
members of the council of fourteen8 ( Vibhuti Bhushan Mishra, 1987 ).
During the first couple of decades after the Indian independence, the political discourse in
India was guided by the legacy of the freedom movement. The Indian National movement
while internalising the principles of rule of law went on to reject the moral authority9 (V.
Krishna Ananth, 2011 ).

India’s freedom struggle culminated in the transfer of power in 1947 ratified the change. A
10
new era dawned and Jawaharlal Nehru captured the historic moment. ( Bidyuth
Chakraborty, 2008 ). The act established a Board of commissioners usually known as the
Board of Control. This bought the control of the company in the hands of the British
parliament 11 (Manik Lal Gupta, 1989).

6
M. V. Pylee, (2003), Constitutional Government in India, S. Chand and company ltd. first
edition .
7
A. Varshney, (2000), Is India becoming more democratic, The journal of Asian studies, vol
59 no 1, pp 3-25.
8
Vibhuti Bhushan Mishra, (1987), Evolution of Constitutional history of India, Mithal
publications, first edition.
9
V. Krishna Ananth, (2011), India since independence, Dorling kindersley pvt. Ltd., first
edition.
10
Bidyut Chakraborty, (2008), Indian politics and society since independence, Routledge,
first edition.
11
Manik Lal Gupta, (1989), Constitutional development of India, Atlantic publishers , first
edition.

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International Journal of Pure and Applied Mathematics Special Issue

India’s independence represented for its people the start of an epoch that was imbued with
new vision. The Nations leaders set out to build a secular society and state undaunted by the
partition of India12 ( Bipan Chandra,2006).
India arrived at independence after a long struggle with a multiplicity of heritages and
legacies. The simultaneous presence in the constitution of these two sets of principles and
guidelines reflected some of the tensions13 (Paul. R. Brass).

Eminent social scientists and specialist clearly depicts a remarkable change clearly explains
that there’s a remarkable change in the various laws in the Indian subcontinent. The growing
phenomenon of parliamentary democracy led to the inauguration of numerous economic
measures in the both private and public sectors14 ( Brij Mohan Janhari, 2002 ).
India’s constitution has evolved into a major tool for social revolution. The makers of the
constitution laid this as a framework for the development of the constitution15 ( V. Krishna
Ananth, 2015 ).
Public administration, governed by bureaucratic structures has failed to respond to the
changing requirements16 (Anil Monga, 2008).
The Government of India act 1935 is a development of nearly six years of legislative,
administrative and political work17 (Dr. Andrew Muldoon, 2013).

The partition led to a mass displacement of an estimated eighteen million people after the
government of India act 1935 18 (Ornit Shani, 2018).

12
Bipan Chandra, Mridula Mukherjee and Aditya Mukherjee, (1999), India since
independence, penguin books , second edition.
13
Paul. R. Brass, (1994), The politics of India since independence, Cambridge university
press, seconds edition.
14
Brij Mohan Jauhari, (2002), India’s development after independence, Gyan publication
house, first edition.
15
V. Krishna Ananth, (2015), The Indian Constitution and social revolution, SAGE
Publication , first edition.
16
Anil Monga, (2008), Government in India, JOAAG Journal, vol 3 no 2, pp 52-61.
17
Dr. Andrew Muldoon, (2013), Empire, politics and the creation of the 1935 India act, MPG
Books group, first edition.
18
Ornit Shani, (2018), How India became democratic, Cambridge university press, first
edition.

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International Journal of Pure and Applied Mathematics Special Issue

India became a free nation in 1947 through what is known as transfer of power 19 (Bidyut
Chakraborty, 2008).
The position of Indians was becoming increasingly clear after the enactment of Government
of India act 20 (Frank Cassidy and Robert. L. Bish, 1989).

Government of India Act 1858


The government of India act 1858 was the first and foremost act introduced in the
India by the British Parliament. The Great revolt of 1857 urged the British Parliament to pass
this act to calm down the after effects of the revolt. This act was enacted to liquidate the East
India Company and transfer the entire powers to the British crown. Lord Palmerston the then
Prime Minister of the British crown introduced a bill for the transfer of the powers of the
Government of India from the East India Company to the British crown referring to the grave
and undue effects in the existing system of government of India. The company’s territories in
India rested with the Queen , the company ceasing to exercise it’s power and control over it’s
territories. India was compelled to be controlled under the Queen’s name. The Queen
Principle of Secretary of State received the duties and powers of the company’s court of
directors. In this Act a council of fifteen members were appointed in order to assist the
Secretary of State of India . The council become the main advisory body of the Indian affairs.
The Secretary of State became the communication channel between the Britain and India. It
ended the system of dual government by abolishing the Board of Control and Court of
Directors. The act of 1858 was confined to improve the administrative machinery by which
the Indian Government could be supervised and controlled by the British crown. It did not
bring any alterations in the substantial way of government that prevailed in India. After the
act the interest of the people of India were subordinated to the British.

19
Bidyut Chakraborty, (2008), India politics and society since independence, Routledge
publication, first edition.

Frank Cassidy and Robert. L. Bish, (1989), Indian Government: It’s meaning in practice.
20

Oolichan books, first edition.

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International Journal of Pure and Applied Mathematics Special Issue

Merits and Demerits of Government of India Act 1858

After the Government of India act 1858 was enacted India’s rule came under British
crown directly. The whole administration was to be run by the Queen through the Secretary
of State for India assisted by the council of India. The council of India had 15 members, eight
appointed by the crown and seven elected by the Court of Directors. This act increased the
number of members elected in the Imperial legislative council and the Provincial Legislative
Council. But the overall majority of non elected members remained intact. Even elected
members were to be elected by the local bodies . Powers of legislatures were extended to
enable it to pass resolution and ask questions and supplementaries , but were not able to vote
upon the budget as a whole. One Indian was to be appointed to the viceroy executive council.
Separate electorate was introduced. Muslims were allocated eight seats, British Capitalists six
seats, landlords two seats and general electorate were allocated thirteen seats out of which
twenty seven non official seats of total sixty eight seats in imperial legislative council.
Muslims were also provided their representation in excess to their strength. The number of
elected member in the Imperial Legislative Council and provincial legislative council was
increased. The electoral system they was introduced contained two divisions of electorate,
they are general electorate and special electorate. No universal franchise was introduced.
Only a class of citizens was qualified for voting which was almost a minority to the total
population of each electorate. Communal representation was introduced here to divide the
Hindu-Muslim to create a difference of opinion and make them weaker. Hence apart from the
advantages the Government of India act 1858 had some disadvantages also.

Government of India Act 1919


Government of India Act 1919 was passed by the British Parliament to further expand
the participation of Indians in the Government of India. This act was passed by the Edwin
Montagu the then Secretary of State of India and Lord Chelmsford the then viceroy and
Governor General of India. This act is also called as Montague-Chelmsford Reforms or
simply Mont-Ford Reform. The main feature of this act was “end of benevolent despotism”
and introduction of responsible government in India. This act covered a period of 10 years
from 1919-1929. The Government of India act had separate preamble. In this preamble India
has to remain as an integral part of the British Empire. There was a gradual decentralisation
of authority with loosening the supreme hold of the central government. Thus the preamble of
this act suggested for a decentralised unitary form of government. The time and manner

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International Journal of Pure and Applied Mathematics Special Issue

towards the objectives of responsible government will be decided by the British Parliament.
The Legislative Assembly and the council of state enjoyed similar and concurrent powers
except in matters of finance. The act separated for the first time the provincial budgets from
the central budget and authorised the provincial legislature to enact their budgets. But the
financial powers of the central legislature were limited. No substantial changes were made in
the office of Secretary of State for India . However the salary of the Secretary of State was
made a charged expenditure on British revenue this time. The Dyarchy was for the provincial
government. The provincial subjects were divided into two categories ie. reserved and
transferred . The reserved subjects were kept with the governor and transferred subjects were
kept with governor acting with the Indian ministers.

Merits and demerits of Government of India Act 1919


The Government of India act 1919 had three major defects, absence of responsible
government at the centre, the separate electorate were formed for different communities.
Although Montagu Chelmsford reforms had declared that a separate electorate was a serious
hindrance to the development of the self governing principles, yet separate electorate came to
be significant features of the Indian political life. The introduction of the Dyarchy system in
the provinces was too complex to be worked out smoothly. Despite of several limitations of
the Government of India act 1919 had some merits also. The Government of India act 1919
ended the policy of benevolent despotism and thus started the genesis of the responsible
government in India. It was for the first time that elections to the legislature were known to
the people and this created political consciousness among the masses. In this act the Indians
came in direct contact with administration for the first time . This was also the first time that
a number of Indian women got the right to franchise for the first time . The subjects of
national importance such as foreign affairs , defence, political relations, posts and telegraph,
public departments, communication etc. are included in the central list while others like
public health, native self government, education, land revenue, famine, law and order were
enclosed within the provincial list. High property qualification, the communal and
sophistication voters and special weight to certain communities were fastened for the
provincial franchise. Since there aren't any changes within the communal voters system this
technique hurt the emotions of Gandhi and therefore couldn't attract the Indians towards the
amendments.

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International Journal of Pure and Applied Mathematics Special Issue

Government of India Act 1935


Government of India act 1935 was passed by the British Parliament . This was the
longest act passed by the British Parliament so far and was later divided into two parts,
Government of India Act 1935 and Government of Burma act 1935. The Government of
India act was derived from four main key sources they are Simon Commission report,
discussions at the third round table conference, the white paper of 1933 and the reports of the
joint select committees. This act ended the system of Dyarchy introduced by Government of
India Act 1919 and established federation of India system. The provinces were allowed to act
as autonomous units of administration in their defined sphere. Moreover the act provided
responsible Government at the provinces, that is the governor was required to act with the
advice of the ministers responsible for the provincial legislature. This came into effect in
1937 and was discontinued in 1939. This act introduced bicameralism in six out of eleven
provinces. The court was given exclusive original jurisdiction to determine disputes between
the centre and constituent units. This provision was created for filing of appeals from high
courts to the court and from court to council. It abolished the council of India, established by
government of India act 1858. The Secretary of State for India was given a team of advisors
in it’s place. within the act of 1935 the federal bank and also the court were established in
1935 and 1937 severally. the primary elections below the act were additionally held in 1937.

Merits and demerits of Government of India Act 1935


The Government of India act 1935 contained thirty two sections fourteen parts and ten
schedules and consisted of two major parts. The act of 1935 proposed to set up all India
Federation comprising of the British Indian provinces and princely states. A very significant
provision was the safeguard and protective measures for the minorities . This act extended the
supremacy of British Parliament and increased the size of legislature, enlarged the franchise
and separated Burma from India. But the act was still half hearted and there was remote
control from London. The princely states were unwilling to join the federation as they were
already assured a privileged position. The Indian princes could make nominations to the
assembly while those from the provinces has to be elected. Indirect elections to the federal
assembly went against the spirit of democracy. Control of the Secretary of the state over the
Indian Civil Service and the India police was not liked . Indians did not control the defence
part of administration though they contributed men and materials for the war efforts. The
British still dominated the federal legislature and the federal executive like a colossus, and
provincial Autonomy seemed a farce. There was a vast pause between the provision of the act

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International Journal of Pure and Applied Mathematics Special Issue

and the dominion status was being dangled all the time. The Government of India act was
called as anti-India act and the found it unacceptable. However the Government of India act
1935 had introduced several features which form the nucleus of our Constitution.

Impact Of The Government of India Act In The Development Of The Constitution


Among all the Government of India act, the Act passed in the year 1935 proved to be
a basic structure for the formation of our Indian constitution. The Government of India Act
introduced a national bank called as Reserve Bank of India and was commenced on April 1st
as a private shareholders bank with a paid up capital of rupees five crores. This bank was
introduced to regulate the issue of bank notes with a view of securing monetary stability in
India and to respond to economic troubles after world war . The UPSC exams also started
teaching to play an important role after the enactment of Government of India Act. The origin
of UPSC exam in India is found after the passing of Government of India Act 1919. In the
beginning it was called as public service Commission since the British also had a part in that
exam. The public service Commission function were not written down in the Government of
India Act 1919 but were regulated by the public service Commission rules. Further the
Government of India Act 1935 empowered the Public Service Commission for the federation.
Hence the public service Commission came to be known an Federal Public Service
Commission after the Government of India Act 1935. But after the inauguration of the
constitution of India on January 26 1950 the federal public service Commission came to be
known as Union Public Service Commission and the chairman and the members of the
Federal Public Service Commission became the chairman and members of Union Public
Service Commission under the virtue of clause (1) of article 378 of the constitution.

Changes in the Constitution Post Independence


Certain amendments made in the constitution after the independence proved to be the
most important and significant changes made in the Indian constitution so far . Indian
administration was changed and underwent many constitutional reforms in India. Some of the
major amendments are , Abolition of states according to classes and the introduction of
Union Territories and reorganisation of states by language (1956) is one of the significant
reforms taken by our Indian Government in order to organise the state and territories
according to the language spoken by the people. It also abolished the classification of the
state according to the progress and per capita income of the people. The mini-constitution
(42nd amendment) inserted Socialism and Secularism in the preamble, a provision on

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International Journal of Pure and Applied Mathematics Special Issue

fundamental (1976), in this amendment the secularism and socialism were inserted to restore
the faith of the nation that the minorities would be safe not be exploited by the rich. The main
aim of this amendment is to promote social as well as economic quality in the country. Right
to Property deleted from the list of fundamental rights (1978), the fundamental right to
property was removed in order to permit the reorganisation of land and to facilitate land
acquisition for the developmental projects. This amendment was carried out since it was not
enough to pay people whatever they demanded in their land. Lawmakers may be disqualified
on the grounds of defection (Law of Defection) (1985), even though this amendment was
quite controversial under this amendment a member of parliament or state legislature was
considered to have defected they may not vote on issue on violence to the party’s decision.
Independent members would be disqualified if they join any political party. Nominated
member who were not members of a party could choose to join a party within six months.

Voting age reduced from 21 to 18 years (1989) , this amendment provided the youth an
awareness that lowering of voting age would provide an opportunity to the unrepresented
youth and motivate them to become a part of political process eventually. The introduction of
Municipalities and Nagarpalikas (1993), this amendment was brought in to introduce
effective authorities to execute numerous plans and programs felt by the Government. Free
and compulsory education to children between 6 to 14 years (2002), this initiative was taken
to provide elementary education to all. This act allowed the government to pass laws relating
to reservations to socially, economically backward classes, scheduled castes and scheduled
tribes in public and private higher educational institutions (2014), since the scheduled castes
and scheduled tribes are the most neglected and exploited people in India this amendment
was made to provide relief to such economically backward people. Introduction of the Goods
and Services Tax (GST), to present the idea of One Nation, One Tax (2016), the recent and
important amendment bought by the government of India is the gst where both the central
and state government taxes are same and equal for all the commodities . After the
independence the states were joined and separate government were formed in our country.

Findings
The term Government of India Acts refers to one of the consequent acts passed by the
British Parliament to regulate the government of British India. The act extended the powers
of the viceroys in India and abolished the company’s rules. Following the revolt of 1857 the
Government of India Act was enacted in order to bring India under the direct British crown

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International Journal of Pure and Applied Mathematics Special Issue

rule. The Government of India Act 1935 was never fully implemented but still it served as a
part of constitutional basis of India. The portfolio system was bought in and separate
electorate was formed for the Muslims. To sought a federation of India and introduced a
provincial autonomy in India. The Government of India act plays a major role in developing
the constitution of India.

Discussions
The presidency government had a strict central control and enjoyed the autonomy.
There have been variety of things that the new Constitution of India had in common with the
government of India Act of 1935. Firstly, if we look at the legislative set up provided by the
new Constitution we'll notice that it resembles very closely the model followed by British
people. The Government of India Act of 1935 provided for a bicameral Federal legislative
assembly and currently also we've a bicameral Parliament. And therefore the provincial
legislatures can be either bicameral or unicameral we've identical system in our states. Within
the matter of governmental management in numerous aspects of administration the govt of
India Act of 1935 had provided for three legislators that started the varied subjects wherever
the Federal and therefore the Provincial Legislatures would have management. And within
the case of conflict between the laws of the Federal legislative assembly and therefore the
Provincial legislative assembly state the laws of the Federal Legislature would unremarkably
prevail. And currently we've identical system wherever we've the three list and referred to as
the Union, State and therefore the coincidental Lists which offer the areas of administration
of the several legislatures.And just in case of conflict of laws between the two legislatures the
law created by the Union Government prevails. A Bill so as to become an Act beneath the
Government of India Act of 1935 needed the assent of the Governor General or the
Provincial Governors and the Governments were completely subordinated. For example GST
was a bill which was a draft or a proposal after being passed by both the houses of the
parliament and after being approved by the President it has become an act.

Conclusion
The Government of India Act helped India to develop relationships with the
neighbouring countries which in turn helped the country to develop trade relations with them.
The Constitution of Republic of India has created a sharp departure from the government of
India Act in certain things. however if we tend to scrutinise closely we discover that the
legislative and body set- up are left mostly untouched. What we've got in result is a

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International Journal of Pure and Applied Mathematics Special Issue

Constitution that follows the British model of administration to fulfil and attain the goal of
prosperity for the state. so we will say that though the Constitution is meant for the welfare of
the indian nation it's not very a counterpoint to the government of India Act of 1935. And
currently a Bill so as to become an Act needs the assent of the President or the Governor, as
the case may be. And within the case of the failure of the constitutional machinery in any a
part of the country the Governor General was authorised to declare emergency and take over
the administration. And in such cases the provincial legislative machinery would be outdated.
And even currently, just in case of a failure of constitutional machinery in any state or within
the country the President is to issue a proclamation declaring emergency. And the legislative
machinery of the states is outdated. And even the executive set- up and divisions are left well
an equivalent as was the case earlier. However the Government of India act set an end to the
British imperialism. Hence the Government of India act has created a good impact on the
constitution.

References
1. Stanley. A. Kochanek, (2008), India Government and politics in a developing nation,
Thomas learning Publications. Seventh edition.
2. O. Banerjee and L. Iyer, (2002), Massachusetts institute of technology, History,
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