Lesson

Main Provision of the Indian Act of 1919

Introduction
The Secretary of State Montagu introduced a Bill in the British Parliament which became the
Indian Act of 1919. The Act laid down in its Preamble the aim of British to institute a responsible
Government in India as an integral part of British Empire. The responsible Government was to be
capable of progressive realization through the increasing association of the Indians in every
branch of administration. The sovereignty of the British Parliament over India was asserted by
the Act. There took place lot of changes in the Central as well as in the Provincial administration
after the introduction of this Act.
Major Features of this Act:
1. The Secretary of State for India who used to be paid out of the Indian revenue was now
to be paid by the British Exchequer. Some of the functions of the Secretary were
entrusted to the High Commissioner for India who was to be appointed and paid by the
Government of India. The control of the Secretary of State was also reduced in the sphere
of the Provincial administration.
2. The Act increased the number of Indians in the Governor-General’s Executive Council to
three in a Council of eight. The Indian Members were entrusted with departments like
Law, Education, Labour, Health and Industries. The new scheme of the Government
envisaged a division of subjects into Central List and Provincial List.
3. The subjects of national importance such as Foreign Affairs, Defence, Political Relations,
Posts and Telegraphs, Public debt, communications. Civil and Criminal Law and Procedure
etc. were included in the Central List while others like Public Health, Local Self
Government, Education, Medical Administration, Land Revenue Administration, Water
Supply, Famine Relief, Agriculture and Law and Order departments were included in the
Provincial List.
4. The Act set up a bicameral legislature in the Centre. Two Houses, Council of State and
Central Legislative Assembly were established instead of one House in the Centre. The
Legislative Assembly was constituted of 145 members, 41 to be nominated and 104 were
to be elected. Of the 41 nominated members, 25 members were officials and 16 non-
officials. Of the 104 elected members, 52 were to be returned by the general
constituencies, 32 by the Communal Constituencies (30 by Muslims and 2 by the Sikhs)
and 20 by the special constituencies. (7 by landlords, 9 by Europeans and 4 by Indian
Commercial Houses).
5. The tenure of the Assembly was for a period of three years but it could be extended by
the Governor-General. The first speaker of the Assembly was to be nominated by the
Government, the subsequent speakers were to be elected by the members of the
Assembly. The Central Legislative Assembly could legislate for the whole of British India,
 for the Indian subjects and servants of the Government whether inside or outside the
country. It could amend or repeal any law existing in the country with the prior approval
of the Governor-General.
6. The members of the Legislative Assembly were given the right to move resolutions and
motions for adjournment of the house to consider urgent questions of public importance
immediately. They had the right to ask questions and supplementary. Short-notice
questions could also be asked. The members enjoyed the right of freedom of speech.
However there were certain restrictions imposed on the Legislatures.
In certain cases like: (a) Amendment or repeal of an existing law or an ordinance of the Governor
General, (b) Foreign relations and the relations with the Indian States, (c) Discipline or
maintenance of military, naval and air forces, (d) Public debt and public revenue and (e) Religion,
religious rites and usages of the people previous sanction of the Governor General was required
for the introduction of a bill.
7. Further if the Governor General felt that any bill or a part of it affects the safety and
tranquility of British India or any part thereof he could prevent its consideration. If on the
advice of the Governor General, the Legislature refused to pass a law the Governor
General could part it himself subject to the sanction of the crown.
8. He could make and promulgate ordinances in cases of emergency which could last for six
months and which had the same force of law passed by the Legislature. With regard to
the Budget it was laid down in the Act that the Government would submit proposals for
appropriation in the shape of demands for grant in the Legislative Assembly. The
franchise of both the houses was restricted and differed in different provinces. In case of
Council of State Voters must have either an annual income of not less than Rs. 10,000 or
paid land revenue of Rs. 750.
9. The qualification of the voters for the Legislative Assembly were either the payment of
municipal taxes amounting to not less than Rs. 15 to Rs. 20 per annum, or occupation or
ownership of a house of the rental value of Rs. 180 or assessment to income-tax on an
annual income of not less than Rs. 2,000 to Rs. 5,000 or assessment to land revenue for
Rs. 50 to Rs. 150 per year varying from province to province. The Governor General was
given the power to summon prorogue and dissolve the chambers. He had the right of
addressing the members of the two houses.
10. The most significant changes made by the Act of 1919 were in the field of Provincial
Administration. The Act introduced what is called Dyarchy in the Provinces. Under this
system the subjects to be dealt with the Provincial Government were divided into two
parts: Reserved and Transferred subjects. The Governor was entrusted with the power
to administer the reserved subjects with the help of the members of the Executive
Council who were nominated by him and who were not responsible to the Legislatures.
11. The Transferred subjects were administered by the Governor with the help of the
Ministers appointed by him from among the elected members of the Legislatures. The
rights of interference enjoyed by the Secretary of State in Council and the Governor-
 General in Council were restricted. The Reserved subjects were Land Revenue, Famine
Relief, Justice, Police, Pensions, Criminal, Printing Presses, Irrigation and Water ways,
Mines, Factories, Industrial Disputes, Motor Vehicles, Electricity, Gas Boilers, Labour
Welfare, Minor Ports and Public Services etc.
12. In the Transferred subjects the ministers advised the Governors in respect of Education,
Libraries, Museums, Local Self Governments, Medical Relief, Public Health and
Sanitation, Agriculture, Cooperative Societies, Veterinary, Fisheries, Public Works, Excise,
Industries Weights and Measures, Control of Public Entertainments, Religious and
Charitable Endowments etc.
13. The Governor could deal with each minister individually. On matters of the allocation of
the Funds, there was joint consultation between the Reserved and the Transferred
subjects of the Government. The direct system of election was introduced for the
Provincial Councils. High property qualifications, the Communal and Class electorates
and special weight age to certain communities were fixed for the Provincial franchise.
The same old communal electorate system was maintained that hurt the sentiments of
Gandhi. This Act came in a wrong time and thus could not attract the members of the
Congress.
This appeared to Gandhi as ‘Satanic’. The introduction of the Dyarchy system in the Provinces
created complicated situation in the sphere of administration in the Provinces. The scheme of
Dyarchy was thus a combrous. Complex, confused system having no legal basis and was
foredoomed to failure.