Indian Legal History- Government of Indian Act, 1919


Introduction

In 1909, additional reforms were introduced by Morlay-Minto reforms. However this reforms didn't satisfy Political problems, nor did they satisfy our freedom fighters.

Subsequently, in 1919 additional reforms were introduced by British crown. Montague introduced in the House of Common the Government of India bill in 1919. The Bill was then referred to Joint Select Committee of the Lords and Commons and ultimately the Bill was passed and became the law on 23rd December. Chelmsford was viceroy at that time.

3 Major events that lead to this reforms are
  1. World War 1
  2. Home rule league
  3. Union of Radicals and Moderates of Congress' in Lucknow, and Union of Muslim League and Congress in 1916

Objectives

  1. More involvement of Indian in every sphere of administration like judiciary, civil service law making etc
  2. Establishment of Responsible and accountable government
  3. Development of self-governing institution
  4. Grant provincial autonomy, meaning regional government would take their own call in administering their areas with respect to certain subject
Below are some of the important provision:

Home Government


The whole government structure was like this. At the top there was British Crown and Parliament. They have appointed Secretary of State for India. (Highest officer in Indian matters). To advise him there was Indian Council in British. Then there is governor general of India. He had direct contact with Secretary of State. Governor General also had his own council to advise him in matters.

All was organized. Where are the Indians in this whole system ?

From 1861, reforms started and Indian representation started to increase. Act of 1919 went further and provided for establishment for Home Government. Governing subjects like agriculture, military etc were divided in two parts

  • 1.       Reserved Subjects- Reserved for Governor and Council  for administration
  • 2.       Transferred Subjects – Governor with mostly Indians used to make law on these subject


High Commissioner and Changes in Indian Council


As discussed above, there was secretary of state and Indian council. Secretary of State for Indian had tons of authority. Under this act, some control of Secretary was restricted so that provision of this act can be applied. So in a sense some powers of Secretary of State was taken. However some of those were given to newly appointed High Commissioner. He acted as agent of Governor General.


Apart from this post of High Commissioner, there were some additional changes made in Indian Council. Indian representatives in Indian Council were increased from 2 to three. Salaries of members of Indian members were increased and charged on British Crown.

What are Institutions that were to rule India


Central Government

Governor General and His Council : Discussed below
Council Of State : It was consist of 60 members. Not more than 20 members to be elected. Tenure of this council
Legislative Assembly : Total of 145 members. Tenure of this assembly was 4 years. There was representation based on communal lines, class line like representatives of Zamindars.

Provincial Government

Governor
Provincial Legislative Council

Division of subjects between Central and Provincial Government.

If we see current division, all the matters enlisted in 7th schedule of constitution. This schedule consist of Central's list, State list and Concurrent list, meaning on what matters center can make a law, state can make a law and both can make a law.

In 1919 Act, this sort of division was already there.

Centrals Subjects were as below

  1. Post and Telgraph
  2. Communication 
  3. Defence
  4. Foreign Relations
  5. Public Debts
  6. Civil and Criminal law and procedure
  7. Commerce and shipping
  8. Tariffs and customs
  9. Patents and Copyright
  10. Currency and coinage
State Subjects

  1. Local self government
  2. Education
  3. water supply and irrigation
  4. Agriculture
  5. Co-operative Societies
  6. Public Works
  7. Police and Jails
  8. Administration of Justice
  9. Public Health
  10. Medical administration
  11. Industries


Composition, Working of Governor,Central Government, Provincial Government

Powers of Governor General

Governor was extremely powerful even though legislative councils at state as well central level established.

One of the important provision is you need a permission or assent to pass any bill. He could deny if he is satisfied that bill is harmful to tranquillity and peace of India.

Below are some of his powers
  • He could dissolve, or increase/decrease tenure of Legislature
  • He could stop the proceedings of any chambers, discussion of any bill
  • Some subjects like military, foreign matters, public debt, religion of British needed permission of Governor before taken into discussion
  • If bill is rejected by Assembly, Governor could put such bill in statute book, but to do so he needed the permission of British Crown

Central Government

Council Of State : It was consist of 60 members. Not more than 20 members to be elected. Tenure of this council
Legislative Assembly : Total of 145 members. Tenure of this assembly was 4 years. There was representation based on communal lines, class line like representatives of Zamindars.

Provincial Government

As per the division of subjects between Center and State, Provincial government were conferred some subjects. Out of these subjects, there was further division.

Transferred subjects
  1. Local self governoment
  2. Education
  3. Public health
  4. Sanitation
  5. Public Works
  6. Agriculture
  7. Co-operative societies
  8. Religious and charitable endowments
  9. Museums
  10. Registration of births and deaths

Reserved subjects
  1. Irrigation and canals
  2. Administration of justice
  3. Industries
  4. Mineral Resource
  5. Police
  6. Water Supplies
  7. Land revenue and acquisitions
  8. Famine relief
  9. Control of newspapers
Transferred subjects were to be administered by Governor along with the help of minister. Minister was responsible for Provincial legislature. Minister was selected by Governor, but he has to be member of Provincial Legislature. Governor could dismiss him, Provincial Legislature could reduce his salary. So minister has to walk on delicate path. Always.!

Reserved subjects were looked after by Governor with the help of his executive counillors, who were not responsible to the provincial legislature. Governor's executive council was appointed by British Crown on the recommendation of the Secretary of State of India for 5 years.These members were ex-officio members of Legislative also. Though this council used to decide matters, Governor had veto over them.


Problems in the entire act

First, to run a ministry you need officers and administrative machinery.This administration was under executives. So orders and decision of minster could not be implemented because civil servants would often refuse to co-operate with them. Do civil servants dis-obey today ? LOL

Second,main main departments were under Governor and his council, take for example finance. Now  if minister want to implement education program for which he needs money, but what if Governor refuses. You know

Third, Governor was hyper powerful. He could refuse or dissent anything suggested by any ministry.

Fourth, there was not so clear division in some matters. Take for example, agriculture was to be administered by Minster, but Irrigation was under Governor and his Councillors. Both are intrinsically related but they were administered by different two different bodies. Such division lead to delays and inefficiency.

Above are some of the problems. Though there were many more!

Conclusion

Though act of 1919 has many shortcomings, it had some improvement over earlier system. Many of our current Constitution's ideas such as division of state and center, bicameral system (Rajya Sabha, Lok Sabha), principle of checks and balances are introduced by this act, election of members in law making etc.  There were further improvement in governance in Act of 1935.



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