ILCH Assignment

on
Government of India Act, 1919
by Shreya Rastogi
Government of India Act, 1919

● The act was based on the recommendation of a report by Edwin Montagu (the then Secretary of
State for India) and Lord Chelmsford (India's Viceroy between 1916 and 1921).
● The act was the first comprehensive constitutional document of India.
● It made considerable changes in the constitution, powers and position of the Secretary of State
and his council, the central Government and Provincial Government.
● Autonomy was granted by classifying subjects into Central and Provincial subjects.

The classification was done by “Devolution Rules”.

Features of the Act
At Central Level Government:
The matters, which were of national importance or related to more than one province, were governed at
the central level.

Such as Foreign affairs, Defence, Political Relations, Public Debt etc.

-> Central Executive

● Act made the Governor-General-in-Council as the chief executive authority and limitation of
no. of members of the council was removed.
● Council's decision can be taken by the majority.But Governor General can overrule the majority if
in his opinion matter affect the safety, tranquility of British India.
-> Central Legislature

● The legislature styled as “The Indian Legislative” consists of Governor - General and two houses,
namely The Council of State and Legislative Assembly as upper house and lower house
respectively.
● There are total 60 members in the council out of which 26 will be nominated and 34 will be
elected members.Their tenure is of 5 years.
● There are total 140 members in the assembly out of which 100 and will be elected and nominated
member respectively. Their tenure is of 3 years or further extension by the Governor - General.
● Legislature was given wider powers including the power to amend or repeal laws of the British
Parliament.
● But wider control was left in the hands of executive like legislation on matters like Public Debt,
Religion,Military etc. could be introduce with the sanction of Governor General.
● Every bill to become an act required the consent of Governor - General, which he could give or
withhold. He could also reserve the bill for his Majesty’s assent.
● He could also legislate through Ordinance during emergency.
● In financial matter, though the budget was to be presented to the legislature but it had the power
to assent or refuse to assent to any demands or grants.
Provincial Government
President of Bengal, Bombay, Assam, Bihar, Orissa, Punjab and UP declared as “Governor’s Province”.

-> Provincial Executive

Dyarchy Administration

● Dyarchy or Dual Government was introduced in the provinces.

● Subjects were divided into reserved and Transferred Subjects.

Reserved Subject

● Subjects of vital importance such as revenue, administration of justice, police, mineral resource kept under
Reserved Subjects.
● Govern by Governor in Council.
● Governor & his council appointed by the King of England and number of councils could not exceed four.
● Decision of the majority in the council was binding on Governor though he could override if he thinks
decision affect the safety, franquility or interest of the province.
Transferred Subject
● Rest of the subject like Public Health, Education, local self government were kept under it.
● It is governed by the Governor acting with the minister.
● Minister are appointed by the Governor.
● Governor was guided by the advice of Ministers but he was not bound to follow the majority’s decision.

The above dual government was stated as unsound by Muddiman Committee because of following reasons :-

1. Mutual Interference - In many cases a fine distinction between reserved and transferred subjects could not be
drawn.
2. Absence of collective responsibility - If there was any collective responsibility it was only the Governor to the
Crown not the entire executive or the elected representatives of the people.
3. Financial Problems - Finance was in the control of Governor-in-Council while expenditure was with Ministers.
Provincial Legislature
It is called as Legislative Council consist of Executive Council and such other elected or nominated members.

● Membership of the council ranged from 139 in Bengal to 50 in Assam.

● Out of these, 70% had to be elected. Members are from various communities according to fixed quota.
● Tenure is of 3 years and subjects to its early dissolution or extension by a year by the Governor.
● Legislative Councils were given wide powers including control over finances in relation to provincial
matters similar to the central legislative in relation to central subjects and with similar limitations.
● For example, some measures required prior sanction of the Governor - General. Similarly, he could
prohibit the passing of any bill if he thoughts it would affect the safety or tranquility of the province.
 ● Also, in financial matter, he could restore the grants rejected or reduced by the Legislature if they related
to a reserved subject.
● No legislation passed by legislature become law unless it was assented by the Governor. The Governor
could also reserve a Bill for the consideration

Thus, we find that like center, the Legislature in the province also were subject to the overriding powers of
the executive which was a denial of the self government.
Limitation of the Act

● People of India had somehow reconciled to the proposals of Montangu-Chelmsford before they were
implemented but the Jallianwalla Bagh tragedy had entirely changed the scene when the Act of 1919 was
inaugurated.
● Congress boycotted the provincial elections and in subsequent elections though the Swarajist Party got
majority, in some provinces it refused to accept Ministry. Consequently, persons without much support in
the Legislature were appointed as Ministers.

These factors in association with the weakness of dyarchy led to the complete to the complete failure of the Act
and ultimately resulted in the Government of India Act,1935.
Thank You!