The reforms of 1919, failed to fulfill the aspirations of the people of India. The Congress under the leadership of Mahatma Gandhi started agitation for ‘Swaraj’ to be attained through ‘Non-cooperation’.

As per the Government of India Act 1919, a statutory commission was to be appointed at the expiration of ten years after the passing of the Act for the purpose of inquiring into the working of the system and the development of representative institutions in India.

The British Government appointed a Statutory Commission (Simon Commission) in 1927, to enquire into the report of the 1919 Act. This was done as a concession to the Indian demand for an early revision of the Act. The commission headed by Sir John Simon consisted of 7 members from the British Parliament.

It did not have a single Indian as a member. It was taken as an insult to the self-respect of India and hence was boycotted. Amidst protests of, “Simon, go back”, the commission visited India. It announced in 1929, that ‘Dominion status’ was the goal of Indian developments.

Gandhi lead the 1^st Round Table Conference held in 1930. Dr. Ambedkar lead the 2^nd in 1931 and again the 3^rd Round table Conference in 1932. The outcome of these conferences was announced in the form of ‘white paper’. It provided for –

• Educational facilities and reservation in politics for depressed classes. 
• Universal Adult Franchise. 
• Prohibition of social boycott. 
• Communal representation. 
• Separate electorate for the untouchables. Simon commission brought the report of the resolutions of the conferences, but Gandhi opposed the separate electorate for untouchables and decided to fast unto death.

Congress leaders met Gandhi in his regard, and he was convinced. The resolution was modified by providing reservations for depressed classes instead of separate electorate for the untouchables. This was popularly known as ‘Poona pact’ signed by Gandhi and Ambedkar.

A White paper was prepared on the results of these conferences. It was examined by the Joint select committee of the British Parliament and in accordance with its recommendations, the Government of India Act 1935 was passed.

The act contained 321 Articles and 13 schedules. The important provisions of the Act are:

1. Federation: The Act provided for the establishment of ‘Federation of India’. It consisted of provinces of British India and the Princely states as units. For the first time, an attempt was made to establish a Federal Government.

2. Distribution of power: It divided legislative powers between the Central and Provincial legislatures. There was a threefold division.

a. Federal list: It consisted of 59 subjects like external affairs, currency, defense, etc., over which the federal legislature had legislative power.

b. Provincial list: It consisted of 54 subjects like police, education, etc., over which provincial legislatures had jurisdiction.

c. Concurrent list: This consisted of 36 subjects like criminal law, civil procedures, marriage, and divorce, etc., over which both the federal and provincial legislatures had competence.

d. The Residuary powers were vested with the Governor-General.

3. Diarchy at the centre: The Diarchy which was established in the provinces by the Act of 1919 was now adopted at the centre. The executive authority vested with the Governor-General included the following:

a. The administration of reserved subjects like defence, external affairs, etc. was done by Governor-General with the help of ‘Councilors’, who were appointed by him and not responsible to the legislature.

b. In the matters of transferred subjects, Governor-General acted, on the advice of ‘Council of Ministers’, who were responsible to the legislature.

4. The Federal Legislatures: The central legislature was bi-cameral consisting of Federal Assembly and the Council of States.

a. The Council of States consisted of 260 members, of which 156 (60%) were elected from British India and 104 (40%) were nominated by the Princely States.

b. Federal Assembly consisted of 375 members, of which 250 (67%) were elected by the legislative Assemblies and 125 (33%) nominated by the Rulers of the Princely States.

The Council was to be a permanent body 1/ 3^rd of its members were to retire after 3 years. The term of House of Assembly was 5 years. Indirect method of election was prevalent for the House of Assembly. There were Bi-cameral legislatures in Bengal, Bombay, Bihar and Madras and rest of the provinces had Unicameral legislatures.

5. Federal Court: It provided for the first time, the establishment of Federal Court of India in Delhi. It was established in 1937 and consisted of a Chief Justice and 6 additional Judges appointed by his Majesty’s Government on the basis of high legal qualifications.

• It had original jurisdiction to decide disputes between the Centre and the Provinces. 
• Appellate Jurisdiction over decisions of the High courts. 
• Advisory Jurisdiction to advice the Governor-General on any point of Law.

It was the highest court in India. The Federal court functioned in India for about 12 years, till its transformation into Supreme Court of India in 1950, under the present constitution. The credit for its excellent works goes to Sir Maurice Gwyer, who guided the court in its formative years as its first Chief Justice.

6. Provincial Autonomy: By this act, the provinces no longer remained as delegates of Central Government but became autonomous units of administration. The act introduced Provincial Autonomy. It was introduced in 11 provinces viz, Madras, Bombay, Bengal, the United Provinces, Punjab, Bihar, Central Provinces, Assam, the North Western Frontier Province, Orissa, and Sind.

The provinces were administered by the ministers. The differences between the reserved and 0- transferred subjects were dropped. All subjects were placed under the charge of ministers who were made responsible and removable by the Legislative Assembly. Thus, the executive was responsible to legislature.

The legislative relations between the Central Government and the Provinces were regulated according to three lists of subjects provided under this Act.

a. However, ‘Dominion status’ which was promised by the Simon Commission in 1929 was not conferred by this Act.

b. The intention to establish Federation of India did not materalize because opposition for the merger from the rulers of Princely states.

c. The degree of provincial autonomy introduced at the provincial level was limited as Central Government retained important powers and control. The Governor was given pivotal position, with discretionary powers on important matters. He was not bound by the advice of ministers. Thus, the claim of conferring provincial autonomy was very limited.