Government of India Act 1919

Last updated

Government of India Act 1919
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to make further provision with respect to the Government of India.
Citation 9 & 10 Geo. 5. c. 101
Dates
Royal assent 23 December 1919
Other legislation
Repealed by Statute Law (Repeals) Act 1976
Status: Repealed
Text of statute as originally enacted

The Government of India Act 1919 (9 & 10 Geo. 5. c. 101) was an Act of the Parliament of the United Kingdom. It was passed to expand participation of Indians in the government of India. The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Chelmsford. The Act covered ten years, from 1919 to 1929. This Act began the genesis of responsible government in India. It was set to be reviewed by the Simon Commission in 10 years.

Contents

The Act received royal assent on 23 December 1919. On the same day the King-Emperor issued a proclamation which reviewed the course of parliamentary legislation for India and the intent of the act:

"The Acts of 1773 and 1784 were designed to establish a regular system of administration and justice under the East India Company. The Act of 1833 opened the door for Indians to public office and employment. The Act of 1858 transferred the administration from the Company to the Crown and laid the foundations of public life which exist in India today. The Act of 1861 sowed the seed of representative institutions, and the seed was quickened into life by the Act of 1909. The Act which has now become law entrusts the elected representative of the people with a definite share in the Government and points the way to full responsible Government hereafter". [1]

The Act provided a dual form of government (a "diarchy") for the major provinces. In each such province, control of some areas of government, the "transferred list", were given to a government of ministers answerable to the provincial council. The 'transferred list ' included agriculture, supervision of local government, health, and education. The provincial councils were enlarged.

At the same time, all other areas of government (the 'reserved list') remained under the control of the Viceroy. The 'reserved list' included defence (the military), foreign affairs, and communications.

The Imperial Legislative Council was enlarged and reformed. It became a bicameral legislature for all India. The lower house was the Legislative Assembly of 145 members, of which 104 were elected and 41 were nominated, with a tenure of three years. The upper house was the Council of State, consisting of 34 elected and 26 nominated members, with a tenure of five years. [2]

Essential characteristics

Salient features of the Act were as follows:

  1. This Act had a separate Preamble which declared that the objective of the British Government was the gradual introduction of responsible government in India.
  2. Diarchy was introduced at the Provincial Level. Diarchy means a dual set of governments; one is accountable, the other is not accountable. Subjects of the provincial government were divided into two groups. One group was reserved, and the other group was transferred. The reserved subjects were controlled by the British Governor of the province; the transferred subjects were given to the Indian ministers of the province. [3]
  3. The Government of India Act of 1919, made a provision for classification of the central and provincial subjects. The Act kept the Income Tax as a source of revenue to the Central Government. However, for Bengal and Bombay, to meet their objections, a provision to assign them 25% of the income tax was made.
  4. No bill of the legislature could be deemed to have been passed unless assented to by the Viceroy. The latter could, however, enact a bill without the assent of the legislature.
  5. This Act made the central legislature bicameral. The lower house was the Legislative Assembly, with 145 members serving three-year terms (the model for today's Lok Sabha ); the upper house was the Council of States with 60 members serving five-year terms (the model for today's Rajya Sabha )
  6. The Act provided for the establishment of a Public Service Commission in India for the first time.
  7. This act also made a provision 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 system of the government. The Simon commission of 1927 was an outcome of this provision.
  8. 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 minimum of Rs.3000 "Tax" to the government.
  9. The seats were distributed among the provinces not upon the basis of the population but upon the basis of their importance in the eyes of the government, on the basis of communities, and the property was one of the main basis to determine a franchisee. Those people who had property, taxable income & paid land revenue of Rs. 3000 were entitled to vote.
  10. 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. Thus the Government of India Act provided for partial transfer of power to the electorate through the system of diarchy. It also prepared the ground for Indian federalism, as it identified the provinces as units of fiscal and general administration.

The Indian National Congress rejected the Act, however some leaders such as Annie Besant, G. S. Khaparde, Bipin Chandra Pal, Surendranath Banerjee, and Tej Bahadur Sapru accepted the Act and were ready to cooperate with the government. They left the Congress. Surendranath Banerjee and Tej Bahadur Sapru formed Indian Liberal Federation and were normally referred as "Liberals". Madan Mohan Malaviya supported the reforms and Muhammad Ali Jinnah resigned from Indian National Congress.

See also

Related Research Articles

<span class="mw-page-title-main">Parliament of Pakistan</span> Bicameral national legislature of Pakistan

The Parliament of Pakistan is the supreme legislative body of the Islamic Republic of Pakistan. It is a bicameral federal legislature, composed of the President of Pakistan and two houses: the Senate and the National Assembly. The president, as head of the legislature, has the power to summon or prorogue either house of the Parliament. The president can dissolve the National Assembly, only on the Prime Minister's advice.

<i>Constitution Act, 1867</i> Primary constitutional document of Canada

The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.

<span class="mw-page-title-main">Tej Bahadur Sapru</span> Indian lawyer and politician

Sir Tej Bahadur Sapru was an Indian freedom fighter, lawyer, and politician. He was a key figure in India's struggle for independence, helping draft the Indian Constitution. He was the leader of the Liberal party in British-ruled India.

The Montagu–Chelmsford Reforms or more briefly known as the Mont–Ford Reforms, were introduced by the colonial government to introduce self-governing institutions gradually in British India. The reforms take their name from Edwin Montagu, the Secretary of State for India from 1917 to 1922, and Lord Chelmsford, the Viceroy of India between 1916 and 1921. The reforms were outlined in the Montagu-Chelmsford Report, prepared in 1918, and formed the basis of the Government of India Act 1919. These are related to constitutional reforms. Indian nationalists considered that the reforms did not go far enough, while British conservatives were critical of them. The important features of this act were that:

The three Round Table Conferences of 1930–1932 were a series of peace conferences organized by the British Government and Indian political personalities to discuss constitutional reforms in India. These started in November 1930 and ended in December 1932. They were conducted as per the recommendation of Muhammad Ali Jinnah to Viceroy Lord Irwin and Prime Minister Ramsay MacDonald, and by the report submitted by the Simon Commission in May 1930. Demands for Swaraj or self-rule in India had been growing increasingly strong. B. R. Ambedkar, Jinnah, Sir Tej Bahadur Sapru, V. S. Srinivasa Sastri, Sir Muhammad Zafrulla Khan, K. T. Paul and Mirabehn were key participants from India. By the 1930s, many British politicians believed that India needed to move towards dominion status. However, there were significant disagreements between the Indian and the British political parties that the Conferences would not resolve. The key topic was about constitution and India which was mainly discussed in that conference. There were three Round Table Conferences from 1930 to 1932.

<span class="mw-page-title-main">Indian Councils Act 1909</span> United Kingdom legislation

The Indian Councils Act 1909, commonly known as the Morley–Minto or Minto–Morley Reforms, was an act of the Parliament of the United Kingdom that brought about a limited increase in the involvement of Indians in the governance of British India. Named after Viceroy Lord Minto and Secretary of State John Morley, the act introduced elections to legislative councils and admitted Indians to councils of the Secretary of State for India, the viceroy, and to the executive councils of Bombay and Madras states. Muslims were granted separate electorates according to the demands of the Muslim League.

<span class="mw-page-title-main">Government of India Act 1935</span> United Kingdom legislation

The Government of India Act 1935 was an Act passed by the British Parliament that originally received royal assent in August 1935. It was the longest Act that the British Parliament ever enacted until the Greater London Authority Act 1999 surpassed it. Because of its length, the Act was retroactively split by the Government of India Act, 1935 into two separate Acts:

The Nehru Report of 1928 was a memorandum All Parties Conference in British India to appeal for a new dominion status and a federal set-up of government for the constitution of India. It also proposed for the Joint Electorates with reservation of seats for minorities in the legislatures. It was prepared by a committee chaired by Motilal Nehru, with Jawaharlal Nehru acting as the secretary. There were nine other members in the committee. The final report was signed by Motilal Nehru and Jawaharlal Nehru, Ali Imam, Tej Bahadur Sapru, Madhav Shrihari Aney, Mangal Singh, Shuaib Qureshi, Subhas Chandra Bose, and G. R. Pradhan.

The Liberal Party of India was a political organization espousing liberalism in the politics of India.

<span class="mw-page-title-main">Tamil Nadu Legislative Council</span> Defunct upper house in India

Tamil Nadu Legislative Council was the upper house of the former bicameral legislature of the Indian state of Tamil Nadu. It began its existence as Madras Legislative Council, the first provincial legislature for Madras Presidency. It was initially created as an advisory body in 1861, by the British colonial government. It was established by the Indian Councils Act 1861, enacted in the British parliament in the aftermath of the Indian Rebellion of 1857. Its role and strength were later expanded by the second Council Act of 1892. Limited election was introduced in 1909. The Council became a unicameral legislative body in 1921 and eventually the upper chamber of a bicameral legislature in 1937. After India became independent in 1947, it continued to be the upper chamber of the legislature of Madras State, one of the successor states to the Madras Presidency. It was renamed as the Tamil Nadu Legislative Council when the state was renamed as Tamil Nadu in 1969. The Council was abolished by the M. G. Ramachandran administration on 1 November 1986. In 1989, 1996 and 2010, the DMK regime headed by M. Karunanidhi tried to revive the Council. The former AIADMK regime (2016-2021) expressed its intention not to revive the council and passed a resolution in the Tamil Nadu Legislative Assembly in this regard.

<span class="mw-page-title-main">Imperial Legislative Council</span> Legislature issued in the British Raj (1861–1947)

The Imperial Legislative Council (ILC) was the legislature of British India from 1861 to 1947. It was established under the Charter Act of 1853 by providing for the addition of 6 additional members to the Governor General Council for legislative purposes. Thus, the act separated the legislative and executive functions of the council and it was this body within the Governor General's Council which came to known as the Indian/Central Legislative Council. In 1861 it was renamed as Imperial Legislative Council and the strength was increased.

Bombay Legislative Council was the legislature of the Bombay Province and later the upper house of the bicameral legislature of Bombay Province in British India and the Indian state of Bombay.

The Viceroy's Executive Council was the cabinet of the Government of India headed by the Viceroy of India. It is also known as the Council of the Governor-General of India. It was transformed from an advisory council into a cabinet consisting of five members heading revenue, military, law, finance and home by the Indian Councils Act 1861 giving recognition to the portfolio system introduced by Lord Canning in 1859. In 1874, a sixth member was added to be in charge of public works.

<span class="mw-page-title-main">Tamil Nadu Legislative Assembly</span> Unicameral legislature of the Indian state of Tamil Nadu

The Tamil Nadu Legislative Assembly is the unicameral legislature of the Indian state of Tamil Nadu. It has a strength of 234 members, all of whom are democratically elected using the first-past-the-post system. The presiding officer of the Assembly is the Speaker. The term of the Assembly is five years, unless dissolved earlier.

<span class="mw-page-title-main">1920 Madras Presidency Legislative Council election</span>

The first legislative council election to Madras Presidency after the establishment of dyarchical system of government by the Government of India Act 1919, was held in November 1920. Indian National Congress boycotted the election due to its participation in the Non-cooperation movement. The election occurred during the early stages of non-Brahmin movement and the major issue of the election was anti-Brahminism. Justice party won the election with no significant opposition and A. Subbarayalu Reddiar became the first Prime Minister of the presidency.

Diarchy was established in Madras Presidency based on the recommendations of the Montague-Chelmsford report. Five elections were held during the period diarchy was in effect and Justice Party occupied power most of the time. It ended with the election in 1937 when the Government of India Act 1935 came into effect.

Diarchy was established in Bombay Presidency based on the recommendations of the Montague-Chelmsford report. It ended with the election in 1937 when the Government of India Act 1935 came into effect.

<span class="mw-page-title-main">Legislatures of British India</span> Legislative bodies in the presidencies and provinces of British India (1861-1947)

The Legislatures of British India included legislative bodies in the presidencies and provinces of British India, the Imperial Legislative Council, the Chamber of Princes and the Central Legislative Assembly. The legislatures were created under Acts of Parliament of the United Kingdom. Initially serving as small advisory councils, the legislatures evolved into partially elected bodies, but were never elected through suffrage. Provincial legislatures saw boycotts during the period of dyarchy between 1919 and 1935. After reforms and elections in 1937, the largest parties in provincial legislatures formed governments headed by a prime minister. A few British Indian subjects were elected to the Parliament of the United Kingdom, which had superior powers than colonial legislatures. British Indian legislatures did not include Burma's legislative assembly after 1937, the State Council of Ceylon nor the legislative bodies of princely states.

The Muddiman Committee or the Reforms Enquiry Committee (1924) was a committee led by Sir Alexander Muddinman, organized by the British and Indian government, to meet the demand of Indian leaders in the context of Indians new ( swaraj party resolution 1920]]. This committee would aid in investigating the diarchy issue on the Constitution as set up in 1921 under the Indian Council Act of 1919.

<span class="mw-page-title-main">Section 90 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 90 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to provincial appropriation and taxation bills, the recommendation for money votes in provincial legislative assemblies, and the federal government's power of disallowance and reservation with respect to provincial laws.

References

  1. Ilbert, Sir Courtenay Peregrine. The Government of India. Clarendon Press, 1922. p. 125
  2. Uttamabahādura Siṃha, Administrative system in India: Vedic age to 1947, p. 204
  3. Government of India Act 1919