Government of India Act 1919: A Landmark in Indian Constitutional History

 

The Government of India Act 1919, passed by the British Parliament, marked a crucial turning point in the history of India’s struggle for self-governance. It aimed to increase Indian participation in the administration of their country, following the recommendations of Edwin Montagu, the Secretary of State for India, and Lord Chelmsford, the Viceroy of India. This act is also commonly known as the Montagu-Chelmsford Reforms or the Montford Reforms.

For those preparing for competitive exams such as the UPSC Civil Services Examination, understanding the Government of India Act 1919 is essential as it forms a key part of Modern Indian History. This detailed guide covers the act's significant features, its impact, and its merits and limitations.

Key Features of the Government of India Act 1919

Provincial Government Reforms

The Government of India Act 1919 introduced a system of dyarchy in the provincial governments, which separated the functions of governance into two distinct categories.

1. Executive Division: Dyarchy System

   • Dyarchy introduced a division between executive councillors and ministers.
   • The Governor was the head of the executive in the province.
   • The administration was divided into two lists:
     • Reserved List: Managed by the Governor and his executive councillors, this included critical subjects like law and order, finance, land revenue, and irrigation.
     • Transferred List: Managed by ministers elected by the provincial legislative councils, this included subjects like education, local government, public health, industry, and public works.
   • While ministers were accountable to the legislative council and the public, executive councillors were not.
   • Although the Secretary of State and the Governor-General had the power to intervene in matters under the reserved list, their interference was limited in the transferred list.

2. Legislative Reforms in Provinces

   • The size of provincial legislative assemblies was expanded, with approximately 70% of the members being elected.
   • Communal electorates were introduced, which allowed certain classes of people, including women, to vote.
   • The Governor’s assent was required for any bill to become law, and he held veto powers as well as the ability to issue ordinances.

Central Government Reforms

1. Executive Authority at the Centre

   • The Governor-General was the chief executive authority for the central government.
   • The administration was divided into central and provincial lists, with provinces managing their own subjects while the centre managed national matters.
   • Out of the six members of the Viceroy’s Executive Council, three were required to be Indian members.
   • The Governor-General had the power to issue ordinances and certify bills rejected by the legislature.

2. Legislative Division at the Centre: Bicameral Legislature

   • The act established a bicameral legislature with two houses:
     • Legislative Assembly (the predecessor of today’s Lok Sabha)
     • Council of State (the predecessor of the Rajya Sabha)
   • Members of the Legislative Assembly served for a term of three years, and the Governor-General could nominate members, including representatives of Anglo-Indians and Indian Christians.
   • The Council of State had members who served for a five-year term, consisting of 27 nominated members and 33 elected members.
   • Legislators could ask questions and vote on 25% of the budget, with the rest being non-votable.
   • Bills required approval from both houses before becoming law, and in the event of a deadlock, measures like joint committees and joint sittings were used to resolve disputes.

3. Governor-General’s Role

   • The Governor-General retained significant powers under the act:
     • His assent was needed for any bill passed by both houses to become law.
     • He could also pass legislation without the legislature’s consent if it was deemed necessary for maintaining peace.
     • He had the authority to disallow any debate, question, or adjournment motion in the legislature.

Franchise and Voting Rights

• The act did not provide universal suffrage, and voting rights were heavily restricted.
• To qualify as a voter, one had to meet stringent requirements:
  • Pay land revenue of Rs. 3000 or own property of a specific rental value.
  • Possess a certain taxable income or have previous legislative experience.
  • Hold positions in local bodies or be part of a university senate.
  • Hold titles conferred by the government.
• This severely restricted the number of eligible voters, leaving a significant portion of the Indian population without any voting rights.

Indian Council and Other Key Provisions

• The Indian Council was restructured to have between 8 and 12 members, with at least half having 10 years of public service experience in India. Members served for a term of 5 years, and their salaries were increased from £1000 to £1200.
• The act mandated the inclusion of three Indian members in the council.
• For the first time, the act also provided for the establishment of a Public Service Commission in India to oversee recruitment and civil service appointments.
• A statutory Simon Commission was set up in 1927 to review the act's functioning, as mandated by the act.
• The creation of the office of High Commissioner for India in London was another important feature.

Merits of the Government of India Act 1919

1. Introduction of Dyarchy
   • The act introduced the concept of responsible government at the provincial level, allowing elected Indian ministers to manage specific portfolios.
2. Foundation of Federal Structure
   • It laid the groundwork for a federal structure with a unitary bias, which would evolve in later constitutional reforms.
3. Increased Indian Participation
   • Indians began to hold key portfolios such as labour and health, marking an important step in their involvement in the administration.
4. Political Awareness and Elections
   • The act introduced elections to the general public, increasing political awareness and engaging Indian society in governance.
5. Women’s Voting Rights
   • For the first time, certain Indian women were granted the right to vote, a significant milestone in the country’s political history.

Limitations of the Government of India Act 1919

1. Consolidation of Communal Representation
   • The act reinforced communal representation, which deepened divisions along religious and community lines.
2. Limited Franchise
   • The franchise was highly restricted, excluding the vast majority of Indians from participating in the electoral process.
3. Excessive Power of Governors
   • Both the Governor-General and provincial governors retained significant powers, enabling them to override decisions made by the elected legislatures.
4. Seat Allocation Not Based on Population
   • The allocation of seats in the central legislature was not based on the population but on the perceived importance of provinces from the British perspective.
5. Suppression of Rights: The Rowlatt Act
   • Despite the provisions of the Government of India Act 1919, the British passed the Rowlatt Acts in the same year, which imposed severe restrictions on civil liberties such as press freedom and movement. Indian opposition to these acts led to resignations and protests, signaling dissatisfaction with the limited reforms.

Conclusion

The Government of India Act 1919 was a landmark reform that introduced new constitutional frameworks, albeit with severe limitations. While it allowed for greater Indian involvement in governance through the introduction of dyarchy and expanded legislative councils, it failed to deliver a truly representative government. The act consolidated communal representation and restricted the franchise, preventing meaningful political participation for the majority of Indians.

Although the reforms were a step towards self-governance, they were met with widespread dissatisfaction. The limitations of the act, coupled with the simultaneous passage of repressive laws like the Rowlatt Acts, intensified demands for complete independence, leading to further political upheaval in the years that followed. Ultimately, the act laid the foundation for future constitutional reforms, culminating in the Government of India Act 1935 and eventually, India’s independence in 1947.