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).
View Complete Act List Judgments citing this sectionPART I1 INTRODUCTORY ________________________ 1. Part I came into force on 1-4-1937 under the Government of India (Commencement and Transitory Provisions) Order, 1936, para 3.
View Complete Act List Judgments citing this section1[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.
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this section.....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.
View Complete Act List Judgments citing this section1There 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.
View Complete Act List Judgments citing this section.....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.....
View Complete Act List Judgments citing this section.....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.....
View Complete Act List Judgments citing this section.....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."
View Complete Act List Judgments citing this section.....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.....
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