Government of India Act, 1919

  1. The Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms, was a significant step towards constitutional development in India.
  2. It introduced the concept of diarchy at the provincial level.
  3. Under diarchy, provincial subjects were divided into two categories: Transferred and Reserved.
  4. Transferred subjects were administered by ministers responsible to the legislative council, while reserved subjects were handled by the Governor and his executive council.
  5. The Act provided for a bicameral legislature at the central level for the first time.
  6. The Council of State was the upper house, and the Legislative Assembly was the lower house.
  7. It introduced limited franchise, granting voting rights based on property, tax, or education qualifications.
  8. A provision for the separation of powers between the central and provincial governments was included.
  9. The Act established a Public Service Commission for the recruitment of civil servants.
  10. It aimed to gradually increase Indian participation in the administration but fell short of meeting nationalist aspirations.
  11. The Act came into force in 1921 and was criticized for its limited scope and lack of real power for Indians.

Government of India Act, 1935

  1. The Government of India Act of 1935 was the most comprehensive and detailed constitutional reform introduced by the British in India.
  2. It proposed the establishment of an All-India Federation consisting of provinces and princely states.
  3. Provincial autonomy was introduced, ending diarchy at the provincial level.
  4. Provinces were granted the authority to function as autonomous units of administration.
  5. The Act introduced diarchy at the central level, which was never implemented.
  6. It established a bicameral legislature at the federal level with the Council of State and the Federal Assembly.
  7. Separate electorates were extended, perpetuating communal divisions.
  8. The Act provided for a Federal Court to adjudicate disputes between the provinces and the center.
  9. A significant feature was the introduction of a detailed division of powers through three lists: Federal List, Provincial List, and Concurrent List.
  10. The Governor-General retained veto powers and discretionary powers.
  11. It extended the franchise to about 10% of the population based on property, tax, or education qualifications.
  12. The Act also provided for the establishment of Reserve Bank of India (RBI) to regulate the country’s finances.
  13. It allowed the creation of Provincial Public Service Commissions and a Federal Public Service Commission.
  14. The Act was criticized for not granting complete independence and for reinforcing British control.
  15. Though flawed, the Act laid the foundation for the Constitution of India adopted in 1950.

Significance of Both Acts

  1. Both Acts were milestones in India’s constitutional and political evolution.
  2. They reflected the gradual shift towards granting Indians greater participation in governance.
  3. The limitations of these Acts fueled the demand for complete independence.
  4. The structural features introduced by these Acts influenced the framing of the Indian Constitution.

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