GS Paper II 2016 · Q7
12½ marks · 200 words Constitution: evolution, features & basic structure X-Ray · Core #2Did the Government of India Act, 1935 lay down a federal constitution? Discuss.
Approach · directive: “did / discuss”
What it asks · Weigh the federal features of the 1935 Act against its unitary and undemocratic features, and note that the all-India federation never came into being.
It asks 2 things — answer each
- Did it: identify the federal features laid down by the Government of India Act, 1935
- Discuss: the unitary and undemocratic features, and the fact that the all-India federation never came into being, with a reasoned verdict
Open with · Section 5 of the 1935 Act allowed a Federation of India only after princely states with 52 Council of State seats and half the States' population acceded; that never happened.
Cover
- Federal features: provinces and princely states in one federation, three legislative lists, a Federal Court (1937) and provincial autonomy.
- Provincial autonomy worked: responsible ministries from 1937; Congress formed governments in most of the 11 provinces (NCERT).
- Unitary reality: defence, external and ecclesiastical affairs in the Governor-General's discretion (Section 11); special responsibilities; Section 45 emergency takeover.
- Undemocratic and incomplete: rulers nominated state members; the accession condition of Section 5 was never met, so the federal Centre never began.
- Legacy: the Constitution kept the lists, Federal Court role, Governor and emergency powers but built a stronger, indestructible Union.
- Visual: table contrasting federal form with unitary reality.
Close with · The framers kept the Act's machinery but not its basis: Article 1 makes India a 'Union of States', which Ambedkar explained as indestructible.
Add value (verified)
- Section 5(2) of the Government of India Act, 1935: the Federation required the accession of States entitled to at least 52 Council of State members and holding at least half the States' population.Government of India Act, 1935 (full text) - Constitution of India (constitutionofindia.net) ↗“the Rulers whereof will, in accordance with the provisions contained in Part II of the First Schedule to this Act, be entitled to choose not less than fifty-two members of the Council of State; and (b) the aggregate population whereof, as ascertained in accordance with the said provisions, amounts to at least one-half of the total population of the States as so ascertained, have acceded to the Federation.”
- Section 11: defence, ecclesiastical affairs and external affairs were to be exercised by the Governor-General in his discretion.Government of India Act, 1935 (full text) - Constitution of India (constitutionofindia.net) ↗“The functions of the Governor-General with respect to defence and ecclesiastical affairs and with respect to external affairs, except the relations between the Federation and any part of His Majesty’s dominions, shall be exercised by him in his discretion”
- Section 45: on failure of constitutional machinery, the Governor-General could by Proclamation assume federal functions.Government of India Act, 1935 (full text) - Constitution of India (constitutionofindia.net) ↗“If at any time the Governor-General is satisfied that a situation has arisen in which the government of the Federation cannot be carried on in accordance with the provisions of this Act, he may by Proclamation”
- Ambedkar sought a Centre much stronger than the one created under the 1935 Act (NCERT, Themes in Indian History III, ch. 'Framing the Constitution').NCERT Class 12, Themes in Indian History Part III, Chapter 'Framing the Constitution' ↗“a strong and united Centre (hear, hear) much stronger than the Centre we had created under the Government of India Act of 1935”
- Ambedkar in the Constituent Assembly (4 November 1948): India's federation is a Union because it is indestructible.Constituent Assembly Debates, 4 November 1948 - constitutionofindia.net ↗“The Federation is a Union because it is indestructible.”
- Section 104: residuary legislative power lay with the Governor-General, who could by public notification empower the Federal or a Provincial Legislature to legislate on matters in none of the Lists.Government of India Act, 1935, section 104 (text on constitutionofindia.net) ↗“The Governor-General may by public Residual notification empower either the Federal Legislature or a powers of Provincial Legislature to enact a law with respect to any legislation. matter not enumerated in any of the Lists”
Question: UPSC's CS (Main) 2016, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 279words · Minimalist IAS
Section 5 of the Government of India Act, 1935 allowed a Federation of India only after princely states entitled to 52 seats in the Council of State, holding half the States' population, acceded. They never did: the Act laid down a federal design, but no federation came into being.
The federal constitution the Act laid down
- Union of unlike units: British provinces and acceding princely states were to join one federation.
- Division of powers: Federal, Provincial and Concurrent Lists, with residuary powers left to the Governor-General.
- Federal Court (1937): to settle disputes between the Centre and the units.
- Provincial autonomy: responsible ministries from 1937; after the elections the Congress governed most of the 11 provinces.
Why it was federal in form, unitary in substance
| Federal form | Unitary reality |
|---|---|
| Three legislative lists | Governor-General's special responsibilities |
| Provincial autonomy | Governors' discretionary and emergency powers |
- Reserved subjects: defence, external and ecclesiastical affairs stayed in the Governor-General's discretion (Section 11).
- Emergency override: Section 45 let him assume federal functions if government could not run under the Act.
- Undemocratic units: rulers, not voters, were to nominate the states' members.
- Imperial supremacy: the British Parliament kept final control, so the federation would have been subordinate.
Legacy for the Constitution
- The framers borrowed the three lists, the Federal Court, the Governor's office and emergency powers, yet Ambedkar wanted a Centre "much stronger than the Centre we had created under the Government of India Act of 1935".
The Act gave India a federal blueprint without a federal spirit. The framers kept its machinery but changed its basis: Article 1 makes India a "Union of States", and Ambedkar explained that the federation is a Union because it is indestructible.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
