The Government of India Act 1935, a colonial legislation, laid the groundwork for India's administrative structure, including a federal system, bicameral legislature, and the role of the Governor. This has led to the perception that the Indian Constitution is merely an amended version of the Act.
Similarities to the 1935 Act:
Federal Structure: Both the Act and the Constitution adopted a federal system with division of powers between the central and state governments.
Bicameral Legislature: The bicameral structure, comprising a lower and upper house, was retained in the Constitution.
Administrative Framework: The administrative structure, including the role of the Governor, was largely adopted.
Key Departures from the 1935 Act:
Sovereignty: The Constitution established India as a sovereign nation, unlike the colonial Act.
Fundamental Rights: The Constitution enshrined fundamental rights for citizens, a concept absent in the Act.
Directive Principles of State Policy: These principles, guiding the state's social and economic policies, are unique to the Indian Constitution.
Universal Adult Franchise: The Constitution granted voting rights to all adult citizens, while the Act had limited franchise.
Independent Judiciary: The Constitution established an independent judiciary, ensuring checks and balances.
While the 1935 Act provided a foundational framework, the Indian Constitution is a distinct and innovative document. The Constitution makers selectively adopted and adapted elements from the Act, blending them with principles of democracy, justice, and equality. This approach allowed them to create a Constitution that reflects India's unique aspirations and challenges.