The Government of India

Act 1919
Government of India Act 1919 was passed by British Parliament to
further expand the participation of Indians in the Government of
India.
Since the act embodied reforms as recommended by a report of
Edwin Montagu {Secretary of State for India} and Lord Chelmsford
{Viceroy and Governor General}, it is also called Montague -
Chelmsford Reforms or simply Mont -Ford Reforms.
The most notable feature of the act was “end of benevolent
despotism” and introduction of responsible government in India. This
act covered 10 years from 1919 to 1929.
Background
Edwin Samuel Montagu had remained the Secretary of State for India
between 1917 and 1922. He was a critic of the entire system by which
India was administered. On 20 August 1917, he made a historic
declaration in the House of Commons in British Parliament which is
called “Montague declaration”.
The theme of this declaration was increasing association of Indians in
every branch of administration and gradual development of self
governing institutions and responsible government in India.
In November 1917, Montague had visited India to ascertain views from
all sections of polity including talks with Gandhi and Jinnah. A detailed
report on Constitutional Reforms in India {Mont-Ford Report} was
published on 8th July, 1918. This report became the basis of
Government of India Act 1919.
Key features of this report were as follows:
• Increasing association of Indians in every branch of administration.
• Gradual development of self governing institutions with a view to
the progressive realisation of responsible government in India as an
integral part of the British empire.
• Progress towards responsible government in successive stages.
Preamble
The Government of India Act 1919 had a separate Preamble.
Key points of the preamble were as follows:
• India to remain as an integral part of British Empire.
• Gradual decentralization of authority with loosening the supreme
hold of the central government. Thus, the preamble of this act
suggested for a decentralized unitary form of government.
• The time and manner towards goal of responsible government will
be decided by the British Parliament.
• Partial responsibility in provinces, but no change in character of the
central government.
Introduction of Dyarchy: Reserved and Transferred Subjects
In Government of India Act 1919 the spheres of the central and
provincial governments were demarcated by a division of subjects into
“central” and “provincial”. Generally speaking, the central subjects
included all subjects directly administered by the Government of India or
in which extra-provincial interests were dominant. The provincial
subjects included subjects in which the interests of the provinces
essentially predominated.
The Dyarchy was for the Provincial Governments. The provincial
subjects were divided into two categories viz. reserved and transferred.
The reserved subjects were kept with the Governor and transferred
subjects were kept with Governor acting with the Indian Ministers.
Element of Responsibility in Dyarchy
Dyarchy was a gradual transition from irresponsible to responsible
government. The provinces were thought to be suitable for
experimenting with such scheme. Thus, the provincial subjects were
divided into reserved and transferred subjects.
The elements of responsibility was as follows:
• The members in control of the reserved subjects were made
responsible to British parliament through secretary of state.
• The ministers who controlled the transferred subjects were made
responsible through the legislative councils to an Indian electorate.
While subjects such as Land revenue administration, famine relief,
irrigation, administration of justice, law and order, newspapers,
borrowing, forests etc. were kept in reserved list;
the subjects such as education, public health & sanitation, public
works, agriculture, fisheries, religious endowments, local self
governments, medical services etc. were kept in transferred list.
In other words, the subjects which were considered of key importance
for the welfare of the masses and for maintaining peace and order in
the state were classified as reserved, while subjects in which there
was more local interest were treated as transferred.
Changes in Secretary of State for India
No substantial changes were made in the office of Secretary of State for
India. However, his salary was made a charged expenditure on British
revenue this time. Further, the legislative council got the opportunity to
criticise 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. Also the number of Indians
on the council was increased from two to three.
Governor General’s Executive Council
A provision was made for inclusion of three Indians in the six member
Council of the Governor General. The advocates of Indian high Courts
of less than 10 years standing were eligible to be appointed as Law
Minister in the Council. The Indian Councillors were entrusted with
only some unimportant departments.

Central Legislature
Via the Government of India Act 1919, a bicameral legislature was set
up at centre with two houses viz. Legislative Assembly and Council of
State. This was a primitive model of India’s Lok Sabha and Rajya Sabha.
Legislative Assembly
Legislative Assembly was the lower house with three years as its
tenure. It was made of 145 members of which 41 were nominated
and 104 were elected. The 41 nominated members included 26
officials and 15 non-officials. Governor General was authorised to make
nominations from Anglo Indians, Indian Christians and Labour to the
legislative assembly to safeguard their interests.
The elected members included 52 General Members, 30 Muslims, 9
Europeans, 7 Landlords, 4 Representatives of India Community and 2
Sikhs. This means that the distribution of the seats was not based on
population but importance in the eyes of the government.
Council of State
The Council of state of upper house had 60 members of which 33 were
elected while 27 were nominated. Out of the 33 elected members, 16 were
general, 11 Muslims, 3 Europeans and 1 Sikh. Out of 27 nominated members,
17 were officials and 10 were non-officials. The tenure of Council of State
was five years.
Conflict between Legislative Assembly and Council
There were three instruments to resolve the deadlock between the two houses.
These instruments were: Joint Committees, Joint Conferences and Joint Sittings.
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 and Joint Sittings was convened by the
Governor as a last resort within six months of the difference.
Powers of the Assembly and Council
The Legislative Assembly and Council of State enjoyed similar and
concurrent powers except in matters of finance. A bill needed to be
passed on both the houses before becoming a law. The budget was
presented in both the houses in same day, however, all other money
bills were first introduced in lower house and then in upper house.
Voting on grants could take place only in legislative assembly. Further,
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
The act separated, for the first time, provincial budgets from the
Central budget and authorised the provincial legislatures to enact their
budgets. But the financial powers of the central legislature were also
very much limited. The budget was to be divided into two categories,
votable and non-votable. The votable items covered only one third of
the total expenditure. Even in this sphere the Governor-General was
empowered to restore any grant refused or reduced by the legislature,
if in his opinion the demand was essential for the discharge of his
responsibilities.
Elections and Franchise
Under the Government of India Act 1919, the franchise was restricted. There
was no universal franchise, no adult suffrage and no voting powers for
women.
The qualifications for voting were as follows:
• They should have a property with rental value, taxable income or paid
land revenue of at least Rs. 3000 in a year.
• They must have past experience in the legislative council.
• They must have membership of university senate.
• They should hold certain offices in local bodies.
• They should have some specified titles.
• The above qualifications were so much restrictive that there were only
1700 voters for election of 33 members.
Powers of the Governor General
No bill of the legislature could be deemed to have been passed unless
assented to by the governor general. However, the later could enact a
Bill without the assent of the legislature. He possessed the power to
prevent the consideration of a Bill or any of its part, on the plea that it
was injurious to the peace and tranquillity of the country. He could
disallow a question in the legislature. He had the power to withhold his
assent to any bill passed by the legislature without which it could not
become an Act. He also had the power to disallow an adjournment
motion or debate on any matter. He could enact a law, which he
considered essential for the safety and tranquility of the empire even if
the legislature had refused to pass it.
Other Important Provisions
• The act provided for the establishment of a Public Service
Commission in India for the first time.
• This act also made a provision in its part V, that a statutory
commission would be set up at the end of 10 years after the act was
passed which shall inquire into the working into the system of the
government. The Simon commission of 1927 was an outcome of this
provision.
• The communal representation was extended and Sikhs, Europeans
and Anglo Indians were included. The Franchise (Right of voting)
was granted to the limited number of only those who paid certain
minimum “Tax” to the government.
Critical Assessment
The above description makes it clear that the Government of India Act
provided for partial transfer of Power to the electorate through the system of
Dyarchy. It also prepared the ground for the Indian Federalism, as it identified
the provinces as units of fiscal and general administration. But the growing
nationalism was not satisfied.
The Act of 1919 had these major defects from the nationalist point of view:
(a) absence of responsible government at the center,
(b) separate electorates for different communities.
Although the Mont-ford Report had declared that the separate electorate was a
very serious hindrance to the development of the self-governing principles, yet
separate electorate came to be significant feature of the Indian political life. The
introduction of dyarchy in the province was too complicated to be smoothly
worked.
Analysis:
Merits (despite limitations) of GOI Act 1919
Despite of several limitations, the GOI Act 1919 had some merits. The
GOI act 1919 marked the end of the policy of benevolent despotism,
and thus began the genesis of the responsible government in India. It
was for the first time, that elections to the legislatures were known to
the people and this created political consciousness among the masses.
However, those people who had a property, taxable income & paid
land revenue of Rs. 3000 were entitled to vote. The number of the
Indian in the was raised to 3 in the Governor General in Council of 8.
These Indian members were entrusted to some portfolios such as
labor, health and industry.
It was the GOI Act 1919, whereby, the Indians came in direct contact
with administration for the first time. This was a very useful
experience. It was also for the first time that a number of Indian
women got the right to franchise for the first time.
Now, under the Indian ministers , some of the far reaching measures
were taken such as enactment of Madras State Aid to Industries Act,
1923, the Bombay Primary Education act, the Bihar and Orissa village
administration Act, the Bombay local boards act, 1923, etc.