DHARMASHASTRA NATIONAL LAW UNIVERSITY,

JABALPUR (M.P.)

Topic – The Government of India Act, 1919

Subject – History - II

Semester and Year – 1st Year, 2nd Semester

Session – 2020 to 2021

Submitted to – Ms. Asmita Jataria, Assistant Professor of History

Submitted By – Aayush Shrivastava

Section – B

Enrollment Number – BAL/109/19

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Acknowledgement

I would like to express my special thanks of gratitude to Vice Chancellor – Porfessor Balraj
Chauhan, Dr. V.S. Gigimon (Associate Professor of Law and HOD), Ms. Asmita Jataria
(Assistant Professor of History) who gave me this golden opportunity to make this project on the
topic “The Government of India Act, 1919” and got to do this research which evidently helped
me in learning many new and novel things. I’d also like to thank all my friends and family
members who helped me in this article within the limited time frame and by providing me the
relevant informations.

Aayush Shrivastava

BAL/109/19

B.A.LLB. (Hons.) Semester II

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CONTENTS Page No.

1) Cover Page……………………………………………………………..1
2) Acknowledgement……………………………………………………..2
3) Contents………………………………………………………………..3
4) Introduction…………………………………………….……………...4
5) Background…………………………………………………………….5
6) Preamble………………………………………………………………..6
7) Features or Provisions of The Government of India Act,
1919…………………………………………………………………….5-9
 Introduction of Dyarchy………………………………………..5-6
 Central Government…………………………………………….6-7
 Provincial Government…..……………..………………..……..7-8
 Powers of the Assembly and Council……………………………8
 Financial Powers…………………………………………………8
 Changes in Indian Council……………………………………….8
 Governor’s General Executive Council………………………….9
 Elections and Franchise………………………………………….9
 Powers of the Governor General…………………………………9
8) Government of India Act, 1919 – Other Salient Features……………….10
9) Merits of The Government of India Act 1919…………………………...10
10) De- Merits of The Government of India Act 1919………………………10
11) Conclusion……………………………………………………..………..11
12) Bibliography…………………………………………………………….11
13) References……………………………………………………………….11

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Introduction

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 as 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
realization of responsible government in India as an integral part of the British Empire.
 Progress towards responsible government in successive stages.

The famous declaration closed one chapter in the constitutional history of India and opened
another. With this declaration the era of benevolent despotism was over and India’s right to
Swaraj i.e. Self-Rule was admitted and a constitutional government was to be established.

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Preamble

The Government of India Act 1919 had a separate Preamble. Key points of the preamble were as
follows:1
1. India to remain as an integral part of British Empire.
2. 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.
3. The time and manner towards goal of responsible government will be decided by the
British Parliament.
4. Partial responsibility in provinces, but no change in character of the central government.

Features or Provisions of The Government of India Act, 1919

Introduction of Dyarchy:-
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
his Executive Council and transferred subjects were kept with Governor acting with the Indian
Ministers.

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

1
https://www.gktoday.in/gk/government-of-india-act-1919/#Background, (April 2, 2020 12:30 PM)

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were divided into reserved and transferred subjects. The elements of responsibility were 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 and irrigation, administration
of justice, law and order, newspapers, borrowing, forest 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 who 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 whom there was more local interest were treated as transferred.

Central Government:-

Legislature:

Via the Government of India Act 1919, a bicameral legislature was set up at center 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 was the lower house with three years as its tenure. It was made of 145
members of whom 41 were nominated and 104 were elected. The 41 nominated members
included 26 officials and 15 non-officials. Governor General was authorized to make
nominations from Anglo Indians, Indian Christians and Labor 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. The Council of
state or 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

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nominated members, 17 were officials and 10 were non-officials. The tenure of Council of State
was five years.2

Executive:

The chief executive authority was the Governor-General. There were two lists for administration
– central and provincial. The provincial list was under the provinces while the center took care
of the central list. Out of the 6 members of the Viceroy’s executive council, 3 were to be Indian
members. The governor-general could issue ordinances. He could also certify bills that were
rejected by the central legislature.

Provincial Government:-

Executive:3

Dyarchy was introduced, i.e., there were two classes of administrators – Executive councilors
and ministers. The Governor was the executive head of the province. The subjects were divided
into two lists – reserved and transferred. The governor was in charge of the reserved list along
with his executive councillors. The subjects under this list were law and order, irrigation,
finance, land revenue, etc.

The ministers were in charge of subjects under the transferred list. The subjects included were
education, local government, health, excise, industry, public works, religious endowments, etc.

The ministers were responsible to the people who elected them through the legislature. These
ministers were nominated from among the elected members of the legislative council. The
executive councillors were not responsible to the legislature, unlike the ministers.

2
Ms. Asmita Jataria & Mr. Eshaan Tripathi, Reading Material for History - II (2020), Dharmashastra National Law
University, Jabalpur

3
H.V. Sreenivasa Murthy & V.S. Elizabeth, History of India Part II (2019), EBC Publishers

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The Secretary of State and the Governor-General could interfere in matters under the reserved
list but this interference was restricted for the transferred list.

Legislature:

The size of the provincial legislative assemblies was increased. Now about 70% of the members
were elected. There were communal and class electorates. Some women could also vote. The
governor’s assent was required to pass any bill. He also had veto power and could issue
ordinances also.

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.4

Financial Powers:
The act separated, for the first time, provincial budgets from the Central budget and authorized
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.

Changes in Indian Council:

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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 members 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 Councilors were entrusted with only some
unimportant departments

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:5

 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 should be members of a 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 not much voters.

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

5
https://neostencil.com/upsc-modern-history-montague-chalmers-reforms-and-government-of-india-act-1919, (April
2, 2020 1:46 PM)

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was injurious to the peace and tranquility 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.

Government of India Act, 1919 – Other Salient Features

 This act provided for the first time, the establishment of a public service commission in
India.
 The act also provided that after 10 years, a statutory commission would be set up to study
the working of the government. This resulted in the Simon Commission of 1927.
 It also created an office of the High Commissioner for India in London.

Merits of the Government of India Act 1919

Despite of several limitations, the Government of India Act 1919 had some merits. The
Government of India Act 1919 marked the end of the policy of benevolent despotism, and thus
began the genesis of the responsible government in India.6

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.

It was the Government of India 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.

De-Merits of the Government of India Act 1919

This act extended consolidated and communal representation.

The franchise was very limited. It did not extend to the common man.
6
https://www.gktoday.in/gk/government-of-india-act-1919/#Background, (April 2, 2020 1:53 PM)

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The governor-general and the governors had a lot of power to undermine the legislatures at the
centre and the provinces respectively.

Allocation of the seats for the central legislature was not based on population but the
‘importance’ of the province in the eyes of the British.

The Rowlatt Act passed in 1919 which severely restricted press and movement. Despite the
unanimous opposition of Indian members of the legislative council, those bills were passed.
Several Indian members resigned in protest.

Conclusion

The Government of India Act, 1919 also known as Indian Council Act, 1919 is one of the
important acts passed by the British Government for the betterment of rule in British India by
establishing a responsible government at the center and also dividing the rule between states and
the center. This act is the primitive form of our country’s modern day system of Parliamentary
form of government but less advanced, less systematic and more complicated than today.

Bibliography

https://byjus.com/free-ias-prep/ncert-notes-government-of-india-act-1919/, (April 2, 2020 11:21

AM)

https://www.gktoday.in/gk/government-of-india-act-1919/#Background, (April 2, 2020 12:30

PM)

https://neostencil.com/upsc-modern-history-montague-chalmers-reforms-and-government-of-
india-act-1919, (April 2, 2020 1:46 PM)

References

H.V. Sreenivasa Murthy & V.S. Elizabeth, History of India Part II (2019), EBC Publishers

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Ms. Asmita Jataria & Mr. Eshaan Tripathi, Reading Material for History - II (2020),
Dharmashastra National Law University, Jabalpur

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