Govt of India act 1919-1947 act

Government of India Act of 1919

• This Act is also known as the Montague-Chelmsford Reforms.
• The Central subjects were demarcated and separated from those of the Provincial subjects.
• The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects.
• Under dyarchy system, the provincial subjects were divided into two parts – transferred and reserved. On reserved subjects Governor was not responsible to the Legislative council.
• The Act introduced, for the first time, bicameralism at center.
• Legislative Assembly with 140 members and Legislative council with 60 members.
• Direct elections.
• The Act also required that the three of the six members of the Viceroy’s Executive Council (other than Commander-in-Chief) were to be Indians.
• Provided for the establishment of Public Service Commission.

Government of India Act of 1935

• The Act provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units, though the envisaged federation never came into being.
• Three Lists : The Act divided the powers between the Centre and the units in items of three lists, namely the Federal List, the Provincial List and the Concurrent List.
• The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items
• The residuary powers were vested with the Governor-General.
• The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.
• It provided for the adoption of Dyarchy at the Centre.
• Introduced bicameralism in 6 out of 11 Provinces.
• These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.
• Provided for the establishment of Federal Court.
• Abolished the Council of India.

Indian Independence Act of 1947

• It declared India as an Independent and Sovereign State.
• Established responsible Governments at both the Centre and the Provinces.
• Designated the Viceroy India and the provincial Governors as the Constitutional (normal heads).
• It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

Points to be noted

• Laws made before Charter Act of 1833 were called Regulationsand those made after are called Acts.
• Lord Warren Hastings created the office of District Collector in 1772, but judicial powers were separated from District collector later by Cornwalis.
• From the powerful authorities of unchecked executives, the Indian administration developed into a responsible government answerable to the legislature and people.
• The development of portfolio system and budget points to the separation of power.
• Lord Mayo’s resolution on financial decentralization visualized the development of local self-government institutions in India (1870).
• 1882: Lord Ripon’s resolution was hailed as the ‘Magna Carta’ of local self government. He is regarded as the ‘Father of local self-government in India’.
• 1921: Railway Budget was separated from the General Budget.
• From 1773 to 1858, the British tried for the centralization of power. It was from the 1861 Councils act they shifted towards devolution of power with provinces.
• 1833 Charter act was the most important act before the act of 1909.
• Till 1947, the Government of India functioned under the provisions of the 1919 Act only. The provisions of 1935 Act relating to Federation and Dyarchy were never implemented.
• The Executive Council provided by the 1919 Act continued to advice the Viceroy till 1947. The modern executive (Council of Ministers) owes its legacy to the executive council.
• The Legislative Council and Assembly developed into Rajyasabha and Loksabha after independence.