GOI ACT, 1919

THE GOVERNMENT OF INDIA ACT, 1919



  • The drawbacks of Minto-Morley Reforms resulted in Government of India Act, 1909. 
  • Montagu and Lord Chelmsford  studied the political problem of india and submitted their report known as Montagu-Chelmsford Report on basis of which this act of 1919 was passed. 
  • It was the first comprehensive constitutional document of India. It aims to provide maximum autonomy for self government.
  • It made considerable changes in the power of council, central and provincial governments.
  • Classification of subjects were done into central and provincial subjects by "Devolution Rules". 
  • Subject of common and general interest and residuary subject were classified as central subjects. Subjects of local importance were classified as provincial subjects. 

THE CENTRAL GOVERNMENT

Central executive : Governor General and council (GGC) directs, control and superintended the government. Although the decision is taken by the majority among the council members, but the governor general can overturn any decision on the grounds that it is against the tranquillity or Interest of British India. No specific provision dor inclusion of Indians. 

Central legislature : Consisted of governor general (GG) and two houses namely, council of states and legislative assembly. The term of council was 5 years and that of assembly was of 3 years subject to the early dissolution or further extension by governor general. Legislature has wide powers but subject to certain limitations. Previous sanction of GGC required in certain cases to table the bill in house. GG can restrict the proceedings over a bill on the ground that it affects tranquillity of British India. Every bill to become an act required the required the assent of GG. Executive holds a control over legislature

THE PROVINCIAL GOVERNMENT

 Provincial executive : The dyarchy or dual government was introduced in the provinces. Broadly speaking, legislative subjects assigned to the provinces were divided into two categories. Reserved subjects and transferred subjects. Reserved subjects are the subjects of vital importance such as revenue, justice etc were to be dealt by governor-in-council and transferred subjects by governors acting with ministers. Ministers hold the office at the pleasure of Governor and there was absence of party system for policy orientation. 

Provincial legislature : Called legislative councils, consisted of  members of executive council and other elected and nominated members. The term for council is 3 years subject to yearly dissolution or further extension of one year by the governor. Legislative powers of legislative council is certainly wide and subjects to certain limitations at the same time as similar in the cse of central legislature. 

DRAWBACKS AND AFTERMATH : 

  • Executive given overriding powers over legislature thus denial of self government. 
  • Jalianwala bagh incident and publication of Turkish peace terms give the major setback.
  • Gandhiji announced that any constitution of India must not be the gift of Britisher but should be the result of Indians through their own representation. 
  • Congress boycotted provincial elections and swarajist party refused to accept ministry in some provinces. 
  • Inherent weakness of diarchy system. 
  • All these factors lead to the failure of the act, therefore steps were taken and Government of India Act, 1935 was enacted. 




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