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GOVERNMENT OF INDIA ACT 1919

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BACKGROUND
  • Edwin Samuel Montagu: Secretary of State (1917- 1922)
    • He was a critic of Indian administration
    • He made a declaration in British Parliament (“Montague declaration”)
      • Government to increase association of Indians in administration
      • Gradual development of self-governing institutions
      • Responsible government in India at a later stage
  • 1917
    • Montague visited India to ascertain views from Indians and also met Gandhi and Md Ali Jinnah
    • Later a detailed report on Constitutional Reforms in India called as Mont-Ford report was published on 8th July, 1918
    • This report became the basis of Government of India Act 1919
IMPORTANT POINTS

1. Preamble

  • Declared objective -> gradual introduction of responsible government in India
  • Key points of preamble:
    • India to remain integral part of British Empire
    • Gradual decentralization to be introduced
    • Decentralised unitary form of Govt
    • Time & Manner of responsible government to be decided by British Parliament
  • Partial responsibility in provinces, but no change in character of central government

2. Montagu Chelmsford Reforms

  • Montague – Secretary of state
  • Lord Chelmsford – Viceroy

3. Separate central and state lists

  • Separated subjects
  • Allowed respective legislatures to make laws

4. Provincial Government

  • Executive(Dyarchy)
    • Introduced at Provincial Level
    • Diarchy meant dual set of governments
      • one accountable
      • other not accountable
    • Governor -> executive head of province
    • Provincial Subjects -> divided into 2 groups
      • Reserved
      • Transferred
    • Administration of Transferred Subjects
      • By ministers
      • Subjects:  education,excise,local government, health, public works, religious endowments,industry etc
    • Administration of Reserved subjects
      • By Governor along with executive councilors
      • Subjects: law and order, irrigation, finance, land revenue, etc
    • Element of Responsibility in Dyarchy
      • Ministers
        • were responsible to an Indian electorate via legislature
        • these ministers were nominated from among elected members of legislative council
    • Executive councilors
      • not responsible to legislature in India
      • responsible to British parliament via secretary of state
    • Secretary of State & Governor-General
      • could interfere in reserved list
      • but interference was restricted for transferred list
    • Dyarchy was mostly unsuccessful

  • Legislature
    • Size of provincial legislative assemblies –> increased
    • 70% members were elected
    • communal & class electorates
    • women got voting righs
    • Governor
      • his assent now required – to pass any bill
      • had Veto power
      • had power of Ordinance

5. Central Government

  • Executive
    • Governor General was the chief executive authority
    • 2 lists for administration – central & provincial
    • Provincial list -> under provinces
    • Central list -> under Centre
    • Viceroy’s executive council
      • 6 members
      • out of 6 , 3 to be Indian
    • Governor General
      • can issue ordinances
      • certify bills rejected by central legislature
  • Legislature
    • Bicameral (First Time)
      • Legislative Assembly( later Lok Sabha)
      • Council of State Legislative Assembly (later Rajya Sabha)
      • Nominated members
        • nominated by Governor-General
          • from Anglo-Indians & Indian Christians
      • members tenure -> 3 years
    • Members  Legislative Assembly:
  • Council of State (Upper House)
    • Only males – 5 yr. tenure
    • members of council of states

 6. Introduced Bicameralism – First Time

  • 6.1 Divided Indian Legislative council
    • Upper House (Council of state)
    • Lower House (Legislative Assembly)
    • Legislative Assembly
      • lower house
      • Tenure =3 years 
      • Distribution of seats ->not based on population, but importance in eyes of government
    • Council of State
      • Upper house
      • Tenure = 5 years
  • 6.2 Powers of Assembly & Council
    • Both enjoyed similar & concurrent powers except in matters of finance
    • A bill needed to be passed by both houses before becoming a law
    • Budget -> presented in both  houses -> same day
    • All other money bills
      • first introduced in lower house
      • then sent to upper house
    • Voting on grants -> only done in legislative assembly
    • If a money bill was passed by assembly but rejected or returned by the assembly with some amendments, the amendment were not acceptable to the assembly until so certified by the Governor General
    • Financial Powers
      • First Time
        • Act separated  provincial budgets from Central budget
        • Allowed provincial legislatures to enact own budgets
      • But financial powers of central legislature – were limited
      • Budget
        • 2 types  
          • votable
          • non-votable
        • Votable items
          • covered one third of total expenditure
      • Governor-General
        • was empowered to restore any grant refused or reduced by legislature
        • if in his opinion the demand was essential for discharge of his responsibilities
  •  6.3 Conflict between both Houses
    • 3 instruments to resolve deadlock
      1. Joint Committees
      2. Joint Conferences
      3. Joint Sittings
    • Joint committees
      • meant to avoid possibility of deadlock
    • Joint Conferences
      • meant to solve differences
    • Joint Sittings
      • convened by Governor
      • as a last resort 
      • within 6 months of deadlock
  • 6.4 Elections & Franchise
    • Limited Franchise
      • to few people  basis property, tax, education
    • No universal franchise
      • Not all could vote
    • No adult suffrage
    • No voting powers for women
    • Seats distributed among provinces not basis population, but basis
      • their importance in eyes of government
      • communities
      • property
    • Qualifications for voting :
      • one should have property with rental value
      • taxable income or paid land revenue of at least Rs. 3000 per year
      • past experience in legislative council
        • must have membership of university senate
        • hold certain offices in local bodies
        • have some specified titles

   7. Powers of Governor General

  • His assent was required for all bills
  • He could enact a Bill without assent of legislature
  • He could disallow a question in the legislature.
  • He had the power to withhold his assent to any bill
  • He had power to disallow an adjournment motion or debate on any matter
  • He could enact a law, which he considered essential for safety and tranquility of empire even if  legislature refuses to pass it

8. Introduced Direct elections – First Time

  • To choose majority members of both houses

9. Indians in Viceroys Executive Council

  • 3 of 6 to be Indians henceforth
  • Excluding – commander in chief
  • Earlier this was not fixed

10. Extended Communal Electorate

  • Sikhs , Indians, Christians, Anglo Indians, Europeans

11. New office

  • High Commission for India – in London
  • Transferred some functions of secretary of State

12. Established Public Service Commissions

  • Established – Central Public Service Commission – 1926 for first time, on recommendations of – Lee Commission on Superior Civil Services ( 1923-24)

 13. Statutory Commission

  • to bee set up after 10 years
  • to review working of Act, Government
  • hence 1927 – Simon Commission – was appointed

14. Act kept Income Tax as a source of revenue to Central Government

  • However, for Bengal & Bombay
    • provision to assign  25% of income tax was made

15. Indian Council

  • Min 8 – Max 12 members in council
  • Half members to have 10 years of experience in public service
  • Tenure – 5 years
  • 3 Indian members in Council

 

MERITS OF GOI ACT 1919
  • Dyarchy introduced concept of responsible government
  • It introduced concept of federal structure with unitary bias
  • The act increased participation of Indians in the admin – held – portfolios like labour, health, etc
  • Indians came in direct contact with administration for first time
    • very useful experience
    • under Indian ministers , some important Acts were passed
      • Madras State Aid to Industries Act 1923
      • Bombay Primary Education Act
      • Bihar & Orissa village administration Act
      • Bombay local boards Act 1923
  • first time – elections were known to people and they created political consciousness
  • Some Indian women got the right to vote first time
LIMITATIONS & CRITICAL ANALYSIS
  • Extended and consolidated communal representation
    • Though Mont-ford report had declared separate electorates a very serious hindrance to development of self-governing principles, they were still introduced
  • Limited franchise
  • Governor-general , governors had lot of power to undermine legislatures
  • Allocation of seats for central legislature – not based on population
  • The Rowlatt Acts 1919
    • restricted press, movement
    • Despite opposition of Indian members of legislative council, those bills were passed
    • Several Indian members resigned
  • Act provided partial transfer of Power to electorate through system of Dyarchy
  • Major defects
    • absence of responsible government at centre
    • separate electorates
    • complicated diarchy system
Sumit Teotia
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