The features of the Government of India Act 1935 which are copied in the Indian constitution are:
Bicameral Legislature:
- The Indian Parliament with the Lok Sabha and Rajya Sabha forming the legislative system is extracted from the 1935 Act.
Division of Powers:
- Schedule 7 of the Indian constitution and Centre-state relations (Article 256-263) are based on the above sections of the 1935 act.
- The powers between the centre and the provinces were separated into three lists with the introduction of this act: the Federal list (59 items for the centre), the Provincial list (54 items for provinces), and the Concurrent list (36 items for both).
Residuary Powers:
- The residuary powers concerning items not listed in the Schedule 7 lists are vested with the Union government.
- The residuary powers in the Government of India 1935 Act were handed over to the Viceroy.
Emergency provision:
- Section 45 of the Government of India Act 1935 provided provision in case of failure of constitutional machinery.
Office of the Governor:
- The constitutional post of the Governor, his appointment, and his powers are mentioned in Article 152 to Article 162.
- The 1935 Act established the office of the Governor with all the executive powers and authority of the centre was vested in the Governor.
Administrative Details and Inter-State Relations:
- The Inter-State relations and water dispute redressal mechanisms in the Indian Constitution were inspired by Section 130 of the 1935 Act.
Separation of power:
- No discussions shall take place in Parliament with respect to the behaviour of any Judge of the Supreme Court or a High Court in the exercise of his duties,” is given by Articles 121 and 211 of the Indian constitution respectively.
- This was taken from Section 40 and Section 86 of the 1935 Act.
