Topic:The Government of India Act, 1919

Submitted to:-Ms. SHRADHA SANJEEV Submitted by:- GITIK CHANDNA (19213214)

MISHU JAIN (19213221)

Introduction
Due to eruption of the First World War, the contributions made by the Indians in it pressurize the British to
give more rights to the Indians by the Home Rule Movement.

It has already stated that in act of 1909 there was no provision for responsible government. The central
control over the Province continued as tight and choked as before. The communal representation was based
on the separate electorate basis.

Edwin Montagu was the Secretary of State for India from 1917 till 1922. He was critic of the administration
system that was prevailing in India.1 On 20 August, 1917 he made a historical declaration in the British
Parliament ‘House of Commons’ that was known as Montagu declaration. The main aim of this declaration
is to ensure the participation of Indians in every branch of administration and to gradually develop the
responsible government and self-governing institutions in India. In November, 1917 Montagu visited India
to perceive the views from the sections of polity. And on 8 July, 1918 a comprehensive report was published
which contains the constitutional reforms in India and this report was also knows Mont-Ford report. The key
provision of this report was:-

a) Increase the association of Indians in every branch of administration.

b) There will be gradual development of self governing institutions with a view to progressive
realisation of responsible government as an inherent part of British parliament.
c) The progress will be done in the successive stages.

Background
This act 1919 was passed by the British parliament to increase the participation of Indians in the
administration of India. This act was basically based on the exhortation of the report by Edwin Montagu,
Secretary of State for India & Lord Chelmsford, India’s Viceroy. Hence the reforms recounts by this act are
also known as Montagu-Chelmsford reforms or Montford reforms.

This act represented end of benign dictatorship and commencement of responsible government in India. The
act receive the royal approval on 23rd December, 1919 on the same day king issued edict which reviewed the
course of parliamentary legislation for India. This act provided a dual form of government also known as
Diarchy. The act covered 10 years 1919 – 1929.2

Preamble
The Government of India Act 1919 had a separate preamble. The core points of the Preamble were as:

a) India will remain as the integral part of the British Parliament.But in order to seek the co-operation
of the people, the size of the Central Legislature was to be enlarged.
b) Gradual decentralization of authority with loosening the supreme hold of the central government.
Hence the act recommended for a decentralized unitary form of government.

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 c) The British Parliament will decide the time and manner towards goals of responsible government
which they want to achieve.
d) There is no change in the disposition of central government but in provinces partial responsibility
was given.
e) The preamble advanced the grant of partial responsibility in the Provinces and the largest measure of
independence in their arena.
f) The Preamble thus made no change in the character of the Central Government.

Secretary of State for India

There was no substantial changes were made in the powers of Secretary of state for India. He was given
powers to direct and control all acts, operations which related to the Government or revenues of India. He
acted as an agent of the British Government. The Governor-General and Governors of India had to pay
respect to him also had to obedient his decisions. Till 1919 the Secretary of State for India, the salary was
paid through the Indian revenues but after this act wad paid through the British revenues. The government
got the opportunity to criticize him at the time of budget.

Changes in Indian Council

 The Indian Council was to be made of not less than 8 and not more than 12 members.

 Half of the members should have 10 years standing in the Indian public service.
 Further, their tenure was reduced from seven to five years; and salary was increased from £1000 to
£1200. 3
 Also the number of Indians in the council was also increased from two to three.

Introduction of Diarchy
The government was demarcated into central and provincial on the basis of division of subjects into central
and provincial. The central subjects consist of chief among them being Defense, Foreign and Political
Relations, Patents and Copyright, Currency and Coinage, Communications, Commerce and Shipping, Excise
duties on cotton, salt, Income-tax and Public Debt subjects that were directly presided by the GOI or in
which extra-provincial matter was authoritative whereas the provincial subjects include Local Self-
Government, Public Health and Sanitation and Medical Administration, Education, Public Works, Water
Supplies and Irrigation, Famine Relief, Forest, Co-operative Societies, Law and Orderin which the interest
of provinces indispensably predominated. The diarchy was the transformation of the irresponsible
government to responsible government

The diarchy was introduced in the provincial government and the subjects of provincial government were
further divided into two categories:-

1. Transferred Subjects-
The transferred list consist of agriculture, supervision of local government health & education &
these subjects were regulated by the governor with the assistance of minister responsible the
legislative council.

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 Eg: Local Self-Government, Public Health, Sanitation and Medical Administration, Education,
Public Works including roads, bridges and tramways, fisheries, excise, technical education and
agriculture

2. Reserved Subjects-
The reserved list includes all the other areas of government like defence (military), foreign affairs
& communication & it was under control of governor and his executive councillors.
Eg:Police, Land Revenue Administration, Justice, Irrigation & Canals, Famine Relief, Control of
Newspapers, Borrowing, Forests, etc.

 Elements of Diarchy:-
i. Diarchy was an adaptation from irresponsible government to responsible
government.
ii. The members who control the subjects under the reserved list were made
answerable to the British Parliament through the secretary of state for India.
iii. The ministers who had control over transferred subjects were made responsible
through legislative council to Indian electorate.

Governor and his Ministers

This act appoints ministers to help the Governor in dealing with the matters of transferred subjects. The
salaries of the Ministers were decided by the legislature and the legislature can also refuse to pay the salary
and can also punish the default minister by proposing a reduction in salary. The Governor was empowered
to remove a Minister without assigning a reason, no less was the legislature empowered to do the same.

Governor and his Executive council

 The Government at the Centre remained autocracy as before but the Indians were given more
opportunities of influencing the Government.
 There was no restriction in the powers of Governor-General, his powers were absolute.
 The central government got no power to control him.
 He enjoyed a quirky position as he was the Crown’s representative in India. He had a powerful say
in the appointment and promotion of his Councillors.
 He was appointed by the Crown on the recommendation of the British Prime Minister for a period
of 5 years.4
 This act empowered him to control over external affairs and political department.

Provincial Government

A. Executive
 Due to introduction of dual government the administration was also divided into two category-
Ministers and Executive councillors. And the governor was the head of Executive of province.
 This act separated the central & provincial subjects. The central & provincial legislative were permit
to make laws on their subjects respectively. However the structure of the government to be
centralised & unitary.

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  For the first time bicameralism & direct elections were introduced in India, thus the Indian
legislative council was replaced by a bicameral legislature. Bicameral legislature composed of an
upper house & lower house, they were also as Council of state & Legislative assembly respectively.
The members were elected by the direct elections.
 The secretary of state & governor general were permitted to interfere under the subjects mentioning
reserved list but on the same hand they were prohibited to interfere in the subjects of transferred list.
 The minster was answerable to the people who elected them & these ministers were nominated
among the legislative council but the executive councillors were not answerable or responsible.

B. Legislature

 The size of legislative assemblies were increased now almost 70% of the total members were elected
even the women also get.
 Women were also given the right to vote, if the legislative council want to pass a bill, they were
required the approval of the governor.
 The governor also has the power to veto the bill and he can also issue the ordinance. The system of
communal & class electorates were being stronger.

Central Government
A bicameral legislature was set up at centre with two houses viz. Legislative Assembly and Council of State.

 Legislative Assembly
The total members were 145. Out of these 41 were nominated by the governor general who were
Anglo-Indian and Indian Christian and the rest 104 were elected from the different communities
among the India. The members have the tenure of 3 years.
  Council of State
There are 60 total members. Out of these 27 were nominated and 33 were elected. Only male
members had the tenure of 5years .

 Powers of Assembly and Council

i. The Legislative Assembly and Council of State enjoyed similar and concurrent powers
except in matters of finance.
ii. Before becoming a law, a bill needs to be passed from both the houses.
iii. All other money bills were first introduced in lower house and then in upper house.
iv. Voting on grants could take place only in legislative assembly.
v. Further, if a money bill was passed by assembly but rejected or returned by the assembly
withsome amendments, the amendment were not acceptable to the assembly until so
certified by the Governor General.
vi. If there is stalemate among both the houses, there are 3 ways to resolve it that is- join
sitting, joint conference and joint committees.Joint committees meant to avoid the
possibility of deadlock. Joint Conferences meant to solve the differences by agreeing to a
conference of equal number of representatives of both the houses. Joint Sittings was
addressed by the Governor as a last resort within six months of the difference.

Financial Powers
For the first time the provincial budget was distinguished from central budget and authorized the provincial
government to enact their budgets by their own.The budget was to be divided into two categories, votable
and non-votable. The votable items covered only one third of the total expenditure.
Who could vote?
a) The voter should be the members of a university senate.
b) The voters should be eligible to pay land revenue of RS 3000 or they should have a property with
rental value or have taxable income.5
c) There is no universal adult suffrage.
d) They should quote some specific titles or certain offices in the local bodies.
e) Some women were got voting right.
f) They should hold certain offices in local bodies.

Powers of Governor General

a) No bill can passed without the approval of Governor General.
b) He also had the power to rejects an adjournment motion or debate on any matter.
c) He could also enact a law which is essential for safety and peace for the country even if the
legislatures denied passing it.
d) He possessed the power to prevent the consideration of a Bill or any of its part, on the appeal that it
was injurious to the country.
e) He had the power to withhold his assent to any bill passed by the legislature without which it could
not become an Act.

Other features of this Act

a) Under this act public service commission was established for the first time.
b) It also created an office of high commission for India in London.
c) Under this act it was stated that after 10 years a statutory commission would be set up to study the
government workings which resulted in Simon commission of 1927.
d) Income tax was kept as a source of revenue to the central government. However for Bengal &
Bombay a provision to assign 25% of income tax was made.
e) The communal representation was extended Europeans, Anglo-Indians & six were also included.
f) The right to vote was granted to very limited people those who paid certain minimum Tax to
government.

Merits of this act

i. In this some Indian women got the right to vote for the first time.
ii. After this the participation of Indians were also increased in the administration even they held some
portfolios like labour, health, etc.
iii. It also instigated the concept of federal structure with a unitary bias.
iv. Dual government system (diarchy) introduced which leads to the concept of responsible &
accountable government.
v. Elections were known to the people & created a political responsiveness among the people for the
first time.

Limitations of this act

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 i. Authorization was very limited it did not extend to the common man.
ii. The governor general & the governors had a lot of power to erode the legislature at the centre & the
provinces respectively. The seat allocation of the centre was based on the ‘importance’ of the
province in the eyes of the British not on the basis of the population.
iii. The Rowlett act were also passed in 1919 which grievously restricted press & moment despite the
unanimous opposition of Indian members of legislative council, the bill was passed due to which
several Indian resigned the protest.

Simon Commission
 Simon Commission was constituted under the leadership of Sir John Simon. It was officially known
as ‘Indian Statutory Commission’.
 This commission was set up to enquire into the working of the government of India act of 1919 and
to suggest further reforms in the system of administration.
 This commission act as a rude shock to the Indian people as the members of the commission were all
Englishmen and not a single Indian was included in it.

 Provincial Diarchy should be abolished and responsibilities of ministers to the provincial legislatures
should be enlarged.
 The special power for the safeguarding of province and the protection of minorities comes under the
Governor Powers.
 The representation of provinces and other areas constituted on the basis of population at the Federal
Assembly (at the Centre).
 Recommended Dominion Status for Burma and should be provided its own Constitution.
 Recommended the representation of Council of State could not be chosen on the basis of Direct
Election but by Indirect Election through Provincial Council which is more or less just like Modern
day election procedure as Proportional Representation.
 There were nation-wide strikes and people greeted the Commission with black flags. Wherever the
commission went, it received the same response.
 Many protests were carried out individually as well as in groups, urging the British administration to
review the constitution of the Commission.
 There were nation-wide strikes and people greeted the Commission with black flags. Wherever the
commission went, it received the same response.
 At Britishers arrival they greeted with the slogan ‘Go back Simon’.

Rowlatt Act

 It is also known as the Anarchical and Revolutionary Crimes Act of 1919 or the Black Act of 1919.
 This act authorized the government to imprison for a maximum period of two years, without trial,
any person suspected of terrorism.
 Through this act, police can search any palace or home without any warrant.
 The purpose of the act was to restrain the growing nationalist turbulence within the country.
 The act provided speedy trial of the offenses by a special cell that consisted of 3 High Court Judges.
There was no court of appeal above that panel.
 The main objective of this act is to suppress the Indian revolutionaries by any efforts.

 Effects of Rowlatt act:-

 i. RowlattSatyagrah- During this movement, Mahatma Gandhi asserted the national movement
of India. To protest this bill Gandhi started Rowlatt Satyagrahaon 6th April that year. He
started a new kind of struggle that was non-cooperation movement.

ii. Jaliwanwallabagh massacre- On 13th April a large number of non-violative people were
gathered to protest this act at Jaliwanwallabagh public garden in Amritsar situated in the state
Punjab. General Dyer came there, closed the narrow gate and ordered without any warning to
shoot down the innocent people gathered there. As a result, around a thousand people were
dead. The most atrocious or brutal effect of the Rowlatt Act in Indian history is the
Jaliwanwallabagh massacre.