Government of India Act (1935) vs Constitution of India (1950)

Sep 9, 2021 - 00:52

The Real Differences Between The Government of India Act 1935 and The Constitution of India 1950.


Government of India Act 1935	Constitution of India
Defines India as a Federation of States	Defines India as a Union of States
Princely states could choose to join or stay out of the federation via the Instrument of Accession	States have no right to secede. The Instrument of Accession only applies for the state of J&K via Article 370 (till 5 August 2019 as it was nullified by Union Government).
Princely states could have their own constitution	Only J&K has its own constitution (till 5 August 2019 as separate constitution of J&K was scrapped).
Many states had the right to mint supplementary coins, use state flags, independent civil and criminal codes, and maintain state paramilitary forces	With the exception of J&K (till 5 August 2019), no state can follow a separate criminal code. Only Goa has a different civil code. Paramilitary forces are controlled by the Union government only. No state can mint currency.
The Emperor of India and Governor-General of India are apolitical heads of state	The President of India is an indirectly elected head of state.
Provincial governors are appointed by the Governor-General and apolitical	Governors are appointed by President on the advice of the Union government.
Governors of provinces need not be residents of the state	Governors of states need not be residents of the state.
Right to create, modify or dissolve provinces is solely vested in the hands of the Governor-General of India	Right to create, modify or dissolve states is solely vested in the hands of the Parliament of India.
Powers are divided into Federal, Concurrent and Provincial lists	Powers are divided into Union, Concurrent and State lists
Residuary powers are vested with the Governor-General of India	Residuary powers are vested with the Parliament of India.
A provincial emergency is declared by the Governor-General and the Governor alone can make laws for the province during this period. The provincial assembly remains dissolved.	State emergency is declared by the President on the advice of the Union government and the Parliament alone has the power to make laws for the state during the period. State assembly remains dissolved.
A central emergency is declared by the Governor-General and he alone can make laws for the federation during this period. The central legislative assembly remains dissolved.	There is no concept of central or Union emergency. Parliament should always be functional.
Judicial matters such as clemency petitions shall be decided by the Governor-General on the advice of judicial councils	Judicial matters shall be decided by the President on the advice of the Union government.
Railways and Industries are subject matters in concurrent list	Railways and Industries are subject matters in Union List.
Freedom of movement throughout the British Empire and right to own property and settle only in respective provinces	Freedom of movement throughout India and right to own property and settle anywhere in India except J&K. But after 5 August 2019, freedom is throughout India (incl. J&K).
Amendment in the Act is not possible unless made by the Parliament of the United Kingdom	Amendment of many articles in the constitution can be made by two-thirds of majority in the Parliament. Some articles would need the assent of half of the state legislatures as well.