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GOVERNMENT OF INDIA ACT 1919

March 26, 2024 3152 0

Introduction

Montagu, the Secretary of State, arrived in India in Nov 1917 for consideration of reforms with Viceroy Lord Chemsford, eminent British civil servants and Indian politicians of all shades of opinion. A committee was formed – William Duke, Earl of Donoughmore, Bhupendra Nath Basu and Charles Robert which together with Viceroy- to help Montagu to prepare the draft of the reform scheme which was published in July 1918 and is called Montagu-Chelmsford Report. On the basis of this report, the Government of India Act 1919 was passed. The Act consisted of 47 sections and 5 schedules and was written in a legal style.

Features of the Government of India Act 1919 

  • Also known as Montagu-Chelmsford Reforms.
    • Named after Edwin Montagu (Secretary of State for India) and Lord Chelmsford (Viceroy).
  • Montagu Declaration: On August 20, 1917, for the first time, the British Government declared that its objective was the gradual introduction of a Responsible Government in India.
  • Classification of Administrative Subjects: It provided for the classification of all the subjects of administration into two categories, namely, the central subjects and the provincial subjects
    • Devolution Rules: This classification was done by the “Devolution Rules”,  which facilitated the delegation of authority from the centre to the provinces. 
  • Introduction of Dyarchy: The Element of Dyarchy or dual scheme of governance was introduced in Provincial Subjects, and it was divided into two parts.
    • Reserved Subjects: these were to be administered by the Governor General and his Executive Council so not responsible to the Legislative Council. 
    • Transferred Subjects: which were to be administered by the Governor General with the help of his council. 
    • They were responsible to the legislative council. [UPSC 2022]

GOVERNMENT OF INDIA ACT 1919

  • Introduction of Bicameral Legislature: For the first time, the Indian Legislative Council was replaced by the Bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). 
    • The majority of members were chosen by Direct Elections.
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  • Increased Indians in Viceroy Executive Council: Three of the six members of the Viceroy Executive Council (excluding the Commander in Chief) were Indians. 
  • Extension of Separate Electorate: There was an extension of the Separate electorate for Sikhs, Indian Christians, Anglo-Indians, and Europeans
  • Limited Franchise: The franchise was given to a limited number of people based on property, Tax, education etc.
  • Separation of Provincial Budgets and Authority: The Provincial Budget was separated from the Central Budget, and Provinces were allowed to enact their own Budget.
  • High Commissioner for India: It created a new office of the High Commissioner for India in London and transferred to him some of the functions performed by the Secretary of State for India. 
  • A Central Public Service Commission was set up in 1926 to recruit civil servants.
  • Chamber of Princes: It proposed the establishment of a Chamber of Princes (also known as Narendra MandaI). 
    • The chamber was inaugurated in 1921. It consisted of 120 members i.e., Princes of 108 states and 12 representatives of other states. 
    • It was headed by the Viceroy (Governor General). It facilitated the consultation and discussion on matters of common interest.
  • Provision of Statutory Commission: Provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force. 

THE SIMON COMMISSION (1927)

  • Composition: It was a seven-member statutory commission appointed (2 years before its schedule) by the British Government, led by Sir John Simon to assess India’s condition under its new Constitution. All commission members were British, leading to a boycott by all parties
  • Key Provisions: The commission, submitting its report in 1930, proposed abolishing dyarchy, expanding responsible Government in provinces, creating a federation of British India and princely states, and maintaining the communal electorate.
  • Round Table Conferences: To discuss these proposals, the British Government organized three round table conferences involving representatives from British India and Indian princely states
  • White Paper on Constitutional Reforms: Based on these discussions, a ‘White Paper on Constitutional Reforms’ was prepared and presented to the Joint Select Committee of the British Parliament. 
  • The committee’s recommendations (with some modifications) were then included in the Government of India Act, of 1935.

COMMUNAL AWARD 

  • Introduction of Communal Award: In 1932, British Prime Minister Ramsay MacDonald introduced the Communal Award to address minority representation. They maintained separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, and Europeans.
  • Communal Representation to Depressed Classes: It also extended this provision to the depressed classes, also known as Scheduled Castes. Gandhi opposed the extension of communal representation to the depressed classes and went on a fast in Yerawada Jail to seek modifications.
  • Poona Pact: An agreement, the Poona Pact, was reached between the Congress and Dr. B.R. Ambedkar preserved the Hindu joint electorate but provided reserved seats for the depressed classes. The British Government accepted the Poona Pact, leading to modifications in the Communal Award regarding the depressed classes.
  • Modified Communal Award: Separate electorates for the depressed classes were eliminated from the Communal Award. Its provisions were later incorporated into the Government of India Act, of 1935. So, central and provincial legislatures under the 1935 Act were structured based on the modified Communal Award.

 

Conclusion

Overall, the 1919 Government of India Act brought about important changes that increased Indian participation in governance, devolved power etc. While the Act fell short of full self-governance, it laid the foundation for future constitutional developments in India.

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