1919 Indian Councils Act or Montague-Chelmsford Reforms

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1919 Indian Councils Act

or
Montague-Chelmsford Reforms
• In order to achieve responsible government it was
necessary to provide for the increasing association of the
Indians in every branch of administration and the gradual
development of self governing Institutions.

• The Act made many changes in the administration of


India.
1. The secretary of state for Indian was paid out of the
Indian revenues. It was now provided that the future he
would be paid out of British revenues.

2. Some of the functions of the secretary of state for


India were taken away from him and given to a High
Commissioner for India who was to be appointed and paid
by the government of India.
3. The High Commissioner was to act as the agent of the
Governor General in Council.

4. The control of the secretary of state was reduced in the


provincial sphere insofar as the transferred department
were concerned.

5. The Act setup bicameral Legislature at the centre in


place of the Imperial legislature Council consisting of one
house.

The names of the two houses were the two Houses were the
Central Legislative Assembly
Council of State.
Council of State Central Legislative Assembly

5 years 3 years

60 members 145 Members

33 elected +27 Nominated 103 Elected + 42 Nominated

Out of 103 elected communal constituencies

30 for Muslims
2 for Sikhs
7 for landholders
9 for Europeans
4 for Indian Commerce
The first speaker of the Central Assembly was nominated by
the Government but subsequent speakers were elected by
the members of the central Assembly.

Government decided to conduct direct lections for both the


Houses.
Voters for Council of State:
In the council of State voter were assessed either to
income tax or land revenue of Rs.750 to Rs.5000

In addition, those how had previous experience in public


work or who were recognized as men of high scholarship
or academic enrolled on the election roll of general
constancies for the Council of State.
Voters for Central Legislative Assembly

The qualification of the voter for Central Assembly was


either the payment of Municipal taxes amounting to not
less than Rs. 15-20 per annum.
Or
Ownership of a house of an annual income of not less than
Rs. 3000 to 5000.
Or
Assessment of land revenue for Rs. 50 to 150 per annum.

The total number of voter for Council of state was about


17,343.
For Central Assembly about 9,09,874 in 1920
Powers of Two Houses

It could make laws for the whole of British India for the
subjects of His Majesty and service of crown in any part
of India.
The Central Legislature had no power to amend or repeal
any parliamentary statues relating to British India.

Governor General Powers

• G.G was given to the power to summon, prorogue and


dissolve to two Houses.

• He had given the right to address the members of the


two Houses.
• G. G was given the powers to extent laws which he
considered essential for the safety and interests of
British India, if either Houses refused or failed to pass
them.

• In case of emergency he could release ordinance for the


peace and quite government of British India.

• Governor General had veto power and it was exercised on


many times.

• The Crown had the power to disallowing any Act made by


the Indian legislation or the Governor General.
Powers of the members

The members of both the Houses they could ask questions


and supplementary questions, moving resolutions and of
introducing projects of legislature according to rules.

The members were given the right of freedom of speech in


the two Houses.
• The Act provided for two lists of Subjects:
Central List and Provincial list
Central list Provincial list
Defense Local-Self Governments
Posts and Telegraphs Public Health and Sanitation
Patents and copyright Education
Currency and Coinage Public Works
Communication Water supply and Irrigation
Commerce and shipping Land revenue administration
Civil and criminal law and procedure Famine relief

Agriculture
Cooperative Societies
Law and order
Provincial Legislative Councils

Provincial 70% of the members of the Provincial Legislatures


were elected, about 30 % of the were nominated by the
Governor.

Some of the nominated members were official and others


were non-officials.

The life time of the Council was three years but it could be
dissolved earlier by the Governor who could also extend
its life.

Members were given the right of asking questions and


supplementary questions. They could reject the Budget
but the Governor was authorized to restore it the same
was considered to be necessary.
Transferred and Reserved Subjects.

Reserved Subjects were administered by the Governor


with help of the Executive Council and the transferred
subjects were dealt with by the Governor with help of
his ministers.

Members of the Executive Council were nominated by the


Governor, the ministers were chosen by the Governor
from the members of the legislature
Reserved Subjects Transferred Subjects
Administration of Justice Local self Government
Police
Irrigation and canals Public works , roads, bridges ,
municipal roads.
Drainage Public heath
Water storage and agricultural Sanitation and medical administration
loans
Famine relief
Control of new papers
Books and printing press
Prisons and reformatories
Forests
Factory inspection
Settlements of labor disputes
Industrial insurance and housing Development of Industries including
Industrial Research
Finance
The system of diarchy was worked in the provinces from
1921 to 1937, but experience shows that it did not work
satisfactory many factors were responsible for its
failure.

The division of the department or subjects were not


properly distributed.

No cooperation between the two halves of the Provincial


administration. Some times the ministers and Executive
Councils condemned each other in public.

The ministers were the representatives of the people,


while members of Executive Council belonged to the
officials.
• Non-cooperation between minister's and Executive council
led to so many disturbances in administration.

• Generally, Governor backed the members of the Executive


Council.

• Minister was responsible to the Legislative for the


administration of his department.

• He could be turned out by the legislature by a vote of no-


confidence.
• The position of the permanent service created many
difficulties.

• The appointment, salary, suspension, dismissal and


transfer of the member of All India Service was under
the control of the Secretary of State for India.

• Those All India Service officers also appointed the


transferred departments and did not care for ministers.

• Ministers had no power to choose their own subordinates.

• Ministers were not in a position to implement their own


views and plans in the department.
• According to the rules of Executive business, cases in
which the Minister differed from the opinion of the
permanent Secretary or the Head of the department, had
to submitted Governor for final orders.

• Both the Secretary and the Head of the Department had


a weekly interview with the Governor and could discuss
every thing about his department.

• Sometimes the Governor knew more things about the a


department than the concerned minister.

• The department finance in the hands of the members of


the Executive Council.

• All the nation-building department were given to the


ministers but they were given no money for the same.
• Finance Secretary had no sympathy with the aspirations
of the Indians as represented by ministers.

• In certain cases, the finance department refused even to


examine any scheme proposed by ministers.

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