Lecture-6

India Act-1919 & 1935

 It was an Act of the Parliament of the United
Kingdom.

The It was passed to expand participation of Indians in

the government of India.
Governm The Act embodied the reforms recommended in the
ent of report of the Secretary of State for India, Edwin
Montagu, and the Viceroy, Lord Chelmsford.

India Act The Act covered ten years, from 1919 to 1929.

1919 This Act represented the end of benevolent despotism

and began genesis of responsible government in
India.
• The Act provided a dual form of government (a "diarchy") for the major provinces.

• In each such province, control of some areas of government, the "transferred list", were given to
a Government of ministers answerable to the Provincial Council.
• The 'transferred list' included agriculture, supervision of local government, health, and education. The Provincial
Councils were enlarged.
• At the same time, all other areas of government (the 'reserved list') remained under the control of the Viceroy.
The 'reserved list' included defence (the military), foreign affairs, and communications.
• The Imperial Legislative Council was enlarged and reformed.

• It became a bicameral legislature for all India. The lower house was the Legislative Assembly of 145 members, of
which 104 were elected and 41 were nominated, with a tenure of three years.
• The upper house was the Council of State, consisting of 34 elected and 26 nominated members, with a tenure of
five years.
Salient Features
• This Act declared that the objective of the British Government was the gradual introduction of responsible
government in India.

• Diarchy was introduced at the Provincial Level.

• The Government of India Act of 1919, made a provision for classification of the central and provincial subjects.
The Act kept the Income Tax as source of revenue to the Central Government. However, for Bengal and
Bombay, to meet their objections, a provision to assign them 25% of the income tax was made.

• No bill of the legislature could be deemed to have been passed unless assented to by the Viceroy. The latter
could however enact a bill without the assent of the legislature.

• This Act made the central legislature bicameral. The lower house was the Legislative Assembly, with 145
members serving three-year terms (the model for today’s (Lok Sabha); the upper house was the Council of
States with 60 members serving five-year terms (the model for today’s (Rajya Sabha)

• The Act provided for the establishment of a Public Service Commission in India for the first time.
• This act also made a provision that a statutory commission would be set up at the end of 10 years after the
act was passed which shall inquire into the working system of the government. The Simon commission of
1927 was an outcome of this provision.
• The communal representation was extended, and Sikhs, Europeans and Anglo-Indians were included. The
Franchise (Right of voting) was granted to the limited number of only those who paid certain minimum "Tax"
to the government.
• The seats were distributed among the provinces not upon the basis of the population but upon the basis of
their importance in the eyes of the government, on the basis of communities, and property was one of the
main basis to determine a franchisee. Those people who had a property, taxable income & paid land revenue
of Rs. 3000 were entitled to vote.
• The financial powers of the central legislature were also very much limited. The budget was to be divided
into two categories, votable and non-votable. The votable items covered only one third of the total
expenditure. Even in this sphere the Governor-General was empowered to restore any grant refused or
reduced by the legislature, if in his opinion the demand was essential for the discharge of his responsibilities.
• Thus the Government of India Act provided for partial transfer of power to the electorate through the system
of diarchy. It also prepared the ground for Indian federalism, as it identified the provinces as units of fiscal
and general administration.
 • The Government of India Act was passed by the British
Parliament in August 1935. It was the longest act enacted by
the British Parliament at that time. So, it was divided into two
separate acts namely, the Government of India Act 1935 and
the Government of Burma Act 1935.
• There was a growing demand for constitutional reforms in
Governm India by Indian leaders.
• India’s support to Britain in the First World War also aided in
ent of British acknowledgement of the need for the inclusion of
more Indians in the administration of their own country.
India Act • What is Federal and Provincial governments: A federal
government is a system of dividing up power between a
- 1935 central national government and local
state governments that are connected to one another by the
national government.
• Provinces are responsible for social services like education,
health and social development; economic functions like
agriculture and roads; and provincial governance and
administration which include the
legislature, provincial treasury, local government and human
settlements
 This federation was to consist of British India and the princely states.

The provinces in British India would have to join the federation but this
was not compulsory for the princely states.

This federation never materialised because of the lack of support from

Main the required number of princely states.

How Government of India Act 1935 divided powers?

features This Act divided powers between the centre and the provinces.

There were three lists which gave the subjects under each government. ·
Federal List (Centre) · Provincial List (Provinces) · Concurrent List (Both)

The Viceroy was vested with residual powers.

 • Provincial autonomy:
1. The Act gave more autonomy to the provinces.
2. Diarchy was abolished at the provincial levels.
3. The Governor was the head of the executive.
Key 4. There was a Council of Ministers to advise him.
The ministers were responsible to the provincial
points legislatures who controlled them. The legislature
could also remove the ministers.
5. However, the governors still retained special
reserve powers.
6. The British authorities could still suspend a
provincial government.
 • Diarchy at the centre
1. The subjects under the Federal List were divided into
two: Reserved and Transferred.
2. The reserved subjects were controlled by the Governor-
General who administered them with the help of three
counsellors appointed by him. They were not responsible

Key to the legislature. These subjects included defence,

ecclesiastical affairs (church-related), external affairs,
press, police, taxation, justice, power resources and tribal
points affairs.
3. The transferred subjects were administered by the
Governor-General with his Council of Ministers (not more
than 10). The Council had to act in confidence with the
legislature. The subjects in this list included local
government, forests, education, health, etc.
4. However, the Governor-General had ‘special powers’ to
interfere in the transferred subjects also