Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

GOVERNMENT OF INDIA ACT, 1935 [REPEALED]

Ministry of Law and Justice

Act nº 26 of 1935


  • Part I. Introductory
  • Part II
    • Chapter I
    • Chapter II
    • Chapter III
    • Chapter IV
    • Chapter V
  • Part III. Governors' Provinces
    • Chapter I
    • Chapter II
    • Chapter III
    • Chapter IV
    • Chapter V
    • Chapter VI
  • Part IV. The Chief Commissioners Provinces
  • Part V. Egislative Powers
    • Chapter I
    • Chapter II
    • Chapter III
  • Part VI. Administrative Relations Between Federation, Provinces and States
  • Part VII. Finance, Property, Contracts and Suits
    • Chapter I
    • Chapter II
    • Chapter III
  • Part VIII
  • Part IX. The Judicature. Chapter I
    • Chapter II. The High Courts in British India
  • Part X. The Services of the Crown in India
    • Chapter I
    • Chapter II
    • Chapter III
    • Chapter IV
    • Chapter V
  • Part XI. The Secretary of State, His Advisers and His Department
  • Part XII. Miscellaneous and General
  • Part XIII. Transitional Provisions
  • Part XIV
  • Schedules
  • Act nº 26 of 1935

Preamble

THE GOVERNMENT OF INDIA ACT, 1935

[Act, No. 26 Geo. V., & 1 Edw. VIII, c. 2]1

[2nd August, 1935]

PREAMBLE

An Act to make further provision for the Government of India.

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

1. This is the Government of India Act 1935 (25 & 26 Geo. V, c. 42) as reprinted in pursuance of the Government of India (Reprinting) Act, 1935 (26 Geo. V & I Edw. VIII, c. 1).


Part I
Introductory

1. Part I came into force on 1-4-1937 under the Government of India (Commencement and Transitory Provisions) Order, 1936, para 3.


Section 1. Short Title

1[1. Short Title

This Act may be cited as the Government of India Act, 1935.

1. Section 2 was omitted by the India (Provisional Constitution) Order, 1947.


Section 2. Government of India by Crown

(1) All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the Government of the territories in India for the time being vested in him, and all rights, authority and jurisdiction exercisable by him in or in relation to any other territories in India, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty:

Provided that any powers connected with the exercise of the functions of the Crown in its relations with Indian States shall in India, if not exercised by His Majesty, be exercised only by, or by persons acting under the authority of, His Majesty's Representative for the exercise of those functions of the Crown.

(2) The said rights, authority and jurisdiction shall include any rights,authority or jurisdiction heretofore exercisable in or in relation to anyterritories in India by the Secretary of State, the Secretary of State inCouncil, the Governor-General, the Governor-General in Council, anyGovernor or any Local Government, whether by delegation from His Majestyor otherwise.

Section 3. The Governor General of India and His Majestys Representative as regards relations with Indian States

(1) The Governor-General of India is appointed by His Majesty by a Commission under the Royal Sign Manual1[and has--

(a) all such powers and duties as are conferred or imposed on him by or under this Act; and

(b) such other powers of His Majesty, not being powers connected with the exercise of the functions of the Crown in its relations with Indian States, as His Majesty may be pleased to assign to him.

(2)2[His Majesty's Representative for the exercise of the functions Of the Crown in its relations with Indian States] is appointed by His Majesty in like manner and has such powers and duties in connection with the exercise of those functions (not being powers or duties conferred or imposed by or under this Act on the Governor-General) as His Majesty may be pleased to assign to him.

(3) It shall be lawful for His Majesty to appoint one person to fill boththe said offices].

1. The words commencing from 'and' up to the end of the section were omitted by the India (Provisional Constitution) Order,1947.

2. The office was known as "Crown Representative" with effect from 1-4-1937. See notification No. 144--Fed. dated the 4th March 1937, Gazette of India, Pt. I, p. 436.


Section 4. The Commander-in-Chief in India

1There shall be a Commander-in-Chief of His Majesty's Forces in India appointed by Warrant under the Royal Sign Manual.

1. Section 4 was omitted by the India: (Provisional Constitution) Order, 1947.


Part II

Chapter I

Section 5. Proclamation of Federation of India

1 [5. Proclamation of Federation ofIndia

(1) It shall be lawful for His Majesty, if anaddress in that behalf has been Proclamation of presented to him by each Houseof Parliament and if the condition hereinafter mentioned is satisfied, todeclare by Proclamation that as from the day therein appointed there shall beunited in a Federation under the Crown, by the name of the Federation ofIndia,--

(a)the Provinces hereinafter called Governors' Provinces; and

(b)the Indian States which have acceded or may thereafter accede to the Federation;

andin the Federation so established there shall be included the Provinceshereinafter called Chief Commissioners' Provinces.

(2)The condition referred to is that States--

(a)the Rulers whereof will, in accordance with the provisions contained inPart II of the First Schedule to this Act, be entitled to choose not less thanfifty-two members of the Council of State; and

(b)the aggregate population whereof, as ascertained in accordance with thesaid provisions, amounts to at least one-half of the total population of theStates as so ascertained,

haveacceded to the Federation.

1.S. 5 was substituted by ibid., as follows--

"5.Establishment of the Dominion.--(1) The Dominion of India established by theIndian Independence Act, 1947, shall as from the fifteenth day of August, 1947,be a Union comprising--

(a)the Provinces hereinafter called Governors' Provinces,

(b)the Provinces hereinafter called Chief Commissioners' Provinces,

(c)the Indian States acceding to the Dominion in the manner hereinafter provided,and

(d)any other areas that may with the consent of the Dominion be included in theDominion.

(2)The said Dominion of India is hereafter in this Act referred to as "theDominion" and the said fifteenth day of August is hereafter in this Actreferred to as "the date of the establishment of the Dominion."


Section 6. Accession of Indian States

1 [6. Accession of IndianStates

(1) A State shall be deemed to have acceded tothe Federation ifHis Majesty has signified his acceptance of an,Instrument ofAccession executed by the Rulerthereof, whereby the Ruler for himself, hisheirs,and successors--

(a)declares that he accedes to the Federation as established under' thisAct, with the intent that His Majesty the King, the Governor-General of India,the Federal Legislature, the Federal; Court and any other Federal authorityestablished for the purposes of the Federation shall, by virtue of hisInstrument of Accession, but subject always to the terms thereof, and for thepurposes only of the Federation, exercise in relation to his State suchfunctions as may be vested in them by or under this Act; and

(b)assumes the obligation of ensuring that due effect is given within hisState to the provisions of this Act so far as they are applicable therein byvirtue of his Instrument of Accession:

Providedthat an Instrument of Accession may be executed conditionally on theestablishment of the Federation on or before a specified date, and in that casethe State shall not be deemed to have acceded to the Federation is notestablished until after that date.

(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the federal Legislature make laws for his State,and the limitations, if any, to which the power of the Federal Legislature tomake laws for his State, and the exercise of the executive authority of theFederation in his State, are respectively to be subject.

(3)A Ruler may, by a supplementary Instrument executed by him and accepted by HisMajesty, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by His Majesty orany Federal Authority in relation to his State.

(4)Nothing in this section shall be construed as requiring His Majesty to acceptany Instrument of Accession or supplementary Instrument unless he considers itproper so to do, or as empowering His Majesty to accept any such Instrument ifit appears to him that the terms thereof are inconsistent with the scheme ofFederation embodied in this Act:

Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument.

(5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State.

(6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's minority or for any other reason.

(7)After the establishment of the Federation the request of a Ruler that his Statemay be admitted to the Federation shall be transmitted to His Majesty throughthe Governor-General, and after the expiration of twenty years from theestablishment of the Federation the Governor-General shall not transmit to HisMajesty any such request until there has been presented to him by each Chamberof the Federal Legislature, for submission to His Majesty, an address prayingthat His Majesty may be pleased to admit the State into the Federation.

(8)In this Act a State which has acceded to the Federation is referred to as aFederated State, and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.

(9)As soon as may be after any Instrument of Accession or supplementary Instrumenthas been accepted by His Majesty under this section, copies of the Instrument,and of His Majesty's Acceptances thereof shall be laid before Parliament, andall courts shall take judicial notice of every such Instrument and Acceptance.

1. Section 6 was substituted by ibid., as follows--

"6.Accession of Indian States--(1) An Indian State shall be deemed to have accededto the Dominion if the Governor-General has signified his acceptance of anInstrument of Accession executed by the Ruler thereof whereby the Ruler onbehalf of the State:--

(a)declares that he accedes to the Dominion with the intent that the.Governor-General, the Dominion Legislature, the Federal Court and any otherDominion authority established for the purposes of the Dominion shall, by virtueof his Instrument of Accession, but subject always to the terms thereof, and forthe purposes only of the Dominion, exercise in relation to the State suchfunctions as may be vested in them by order under this Act; and

(b)assumes the obligation of ensuring that due effect is given within the State tothe provisions of this Act so far as they are applicable therein by virtue ofthe Instrument of Accession.

(2)An Instrument of Accession shall specify the matters which the Ruler accepts asmatters with respect to which the Dominion Legislature may make laws for theState, and the limitations, if any, to which the power of the DominionLegislature to make laws for the State, and the exercise of the executiveauthority of the Dominion in the State, are respectively to be subject.

(3)A Ruler may, by a supplementary Instrument executed by him and accepted by theGovernor-General, vary the Instrument of Accession of his State by extending thefunctions which by virtue of that Instrument are exercisable by any Dominionauthority in relation to his State.

(4)References in this Act to the Ruler of a State include references to any personsfor the time being exercising the powers of the Ruler of the State, whether byreason of the Ruler's minority or for any other reason.

(5)In this Act a State which has acceded to the Dominion is referred to as anAcceding State and the Instrument by virtue of which a State has so acceded,construed together with any supplementary Instrument executed under thissection, is referred to as the Instrument of Accession of that State.

(6) As soon as may be after any Instrument ofAccession or supplementary Instrument has been accepted by the Governor-Genera]under this section, copies of the Instrument and of the Governor-General'sacceptance thereof shall be laid before the Dominion Legislature and all courtsshall take judicial notice of every such Instrument and acceptance."


Chapter II

Section 7. Functions of Governor-General

(1)Subject to the provisions of this Act, the executive authority of the 1 [Federation]shall be exercised on behalf of His Majesty by the Governor-General eitherdirectly or through officers subordinate to him, but nothing in this sectionshall Prevent the 1 [Federal] Legislature from conferring function,upon subordinate authorities, or be deemed to transfer to the Governor-Generalany functions conferred by any existing Indian law on any court, judge orofficer, or on any local or other authority.

(2)References in this Act to the functions of the Governor-General shall beconstrued as references to his powers and duties in the exercise of theexecutive authority of the Federation and to any other powers and dutiesconferred or imposed on him as Governor-General by or under this Act, 2 [otherthan powers exercisable by him reason that they have been assigned to him by HisMajesty under Part I of this Act].

(3) The provisions of the Third Schedule tothis Act shall have effect with respect to the salary and allowances of theGovernor-General and, the provision to be made for enabling him to dischargeconveniently and with dignity the duties of his office.

1.This wordwas substituted by the word 'Dominion', by the India (Provisional Constitution)Order, 1947.

2.These wordswere omitted by the India (Provisional Constitution) Order, 1947.


Section 8. Extent of Executive Authority of the Federation

(1) Subject to the provisions of this Act,the executive authority of the 1 [Federation]extends--

(a) to the matters with respect to which the 1 [Federal] Legislature has power to make laws;

(b) to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment;

(c) to the exercise of such rights, authority and jurisdiction as are exerciseable by His Majesty by treaty, grant, usage, sufferance, or otherwise in and in relation to the tribal areas:

Provided that--

(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws;

(ii) the said authority does not, save as expressly provided in this Act, extend in any 2 [Federated] State save to matters with respect to which the 1 [Federal] Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the Instrument of Accession of the State;

(iii) the said authority does not extend to the enlistment orenrolment in any forces raised in India of any person unlesshe is either a subject of His Majesty or a native of Indiaor of territories adjacent to India; and

(iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise.

(2) This executive authority of the Ruler of 3 [a Federated] State shall notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the 1 [ Federal] Legislature has power to make lows for that State except in so far as the executive authority of the 1 [Federation] becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a 1 [Federal] law.

1. This word was substituted by the word 'Dominion', by the India (Provisional Constitution) Order, 1947.

2. This word was substituted by the word 'acceding', by the India (Provisional Constitution) Order, 1947.

3. These words were substituted by the words 'an Acceding', by the India (Provisional Constitution) Order, 1947.


Section 9. Council of Ministers

(1)There shall be a council of ministers, not exceeding ten in number, to aid andadvise the Governor-General in the exercise of his functions, 1 [exceptin so far as he is by or under this Act required to exercise his functions orany of them in his discretion:

Providedthat nothing in this sub-section shall be construed as preventing theGovernor-General from exercising his individual judgment in any case where by orunder this Act he is required so to do.

(2)The Governor-General in his direction may preside at meetings of the council ofministers.

(3)If any question arises whether any matter is or is not a matter as respectswhich the Governor-General is by or under this Act required to act in hisdiscretion or to exercise his individual judgment, the decision, of theGovernor-General in his discretion shall be final, and the validity of anythingdone by the Governor-General shall not be called in question on the ground thathe ought or ought not to have acted in his discretion, or ought or ought not tohave exercised his individual judgment].

1.These words up to the end of the section were omitted, by theIndia (Provisional Constitution) Order, 1947.


Section 10. Other Provisions as to ministers

(1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure.

(2) A minister who for any period of six consecutive months is not a member of 1 [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister.

(3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined, by the Governor-General:

Provided that the salary of a minister shall not be varied during his term of office.

(4) The question whether any and, if so, what advice was tendered by ministers to the Governor-General shall not be inquired into in any Court.

2 (5) The functions of the Governor-General, with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion].

1. These words were omitted by the India (Provisional Constitution) Order, 1947.

2. Sub-section (5) was omitted by the India (Provisional Constitution) Order, 1947.