Government of India Act 1919

Secretary of state, Edwin S.Montagu and the viceroy of India Lord Chelmsford wrote an inquiry report regarding participation of Indians and responsible government in India, this report was published in 1918, Report on Indian constitutional Reform. This report served as the basis for the creation of the legislation.

The government of India Act 1919 was passed by the British Parliament To increase participation of the Indians in the government of India. The Act embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montagu, and the Viceroy, Lord Chelmsford. The Act covered ten years, from 1919 to 1929. The act was enacted for ten years from 1919 to 1929. The Act provided a dual form of government (a "dyarchy") for provinces. Matters of administration were first divided between the centre and the provinces and then the provincial subjects were further bifurcated into transferred and reserved subjects. The transferred subjects were to be administered by the governor with the help of ministers responsible to the legislative council composed mainly of elected members. The Transferred subjects are: (1) Education, (2) Libraries, (3) Museums, (4) Local Self-Government, (5) Medical Relief, (6) Public Health and Sanitation, (7) Agriculture, (8) Cooperative Societies, (9) Public Works, (10) Veterinary, (11) Fisheries, (12) Excise, (13) Industries, (14) Weights and Measure, (15) Public Entertainment, (16) Religion and Charitable Endowments, etc.

The reserved subjects were to remain the responsibility of the governor and his executive council which was not responsible to the legislature. Governor got the power to override ministers and executive council.

The Reserved Subjects are: (1) Land Revenue, (2) Famine Relief, (3) Justice, (4) Police, (5) Pensions, (6) Criminal Tribes, (7) Printing Presses, (8) Irrigation and Waterways, (9) Mines, (10) Factories, (11) Electricity, (12) Labour Welfare and Industrial Disputes, (13) Motor Vehicles, (14) Minor Ports, etc.

The effect of government of India Act 1919 (1) To introduce the bicameral or two chamber system in the Indian legislative council (2) To increase the size of the provincial legislative council , to increase number of the elected members in each (3) To substitute direct for indirect election (4) To enlarge the electorate This act applied the principal of communal representation to Muslims, Sikhs, Anglo-Indians, and Indian Christians etc. The Indian legislature council was to be called as the Indian legislature. The Indian legislature consisted of governor general and two chambers, the council of state and the legislative assembly. The council of state consisted of 60 members nominated or elected under the rules, of whom not more than twenty were to be official members. Thus council got 33 elected members and 27 nominated by the governor general of whom not more than 20 could of officials. The legislative assembly consisted of 143 members. The number of non elected members was 40 of whom 25 were official members and 15 non officials. The number of elected member was 103. To pass a law, including financial bills consent of both houses was required. The power of both houses were same exception was power to vote supply was allowed only to the Legislative assembly. The duration of council was fixed at 5 and of the assembly at three years. The governor general got the power to dissolve either house or to extend its existence if necessary.

The members were elected by a process of direct election, in hope that the people will choose people to represent them. Thus Hindus started to elect Hindus and Muslims elected Muslims and also there was communal representation. The act of 1919 did not introduce federalism in India. Governor General in council got the power and authority to decide whether a particular subject was central or provincial subject.

GOVT OF INDIA ACT 1935

Part 38 - Last Part Indian Legal history Government of India Act 1935 The government of India Act 1919, section 84 provided that a commission of inquiry should be established for the development of representative institution in British India. Under Section 84 of the said Act, a statutory commission was to be appointed at the end of ten years, to determine the next stage in the realization of self-rule in India.

Thus a commission of inquiry was established in 1927 which was called as Simon commission. The commission consisted of Sir John Simon and six other members. All of them were members of the British Parliament who came to India. The commission was sent to investigate India's constitutional problems and make recommendations to the government on the future constitution of India.

No Indian was the member of the Simon commission this angered the Indians and they started to oppose the Simon commission. An All-India Committee for Cooperation with the Simon Commission was established by the Council of India and by selection by the Viceroy the Lord Irwin. The members of the committee were: Sir C. Sankaran Nair (Chairman), Sir Arthur Froom, Rajah Nawab Ali Khan, Sardar Shivdev Singh Uberoi, Nawab Sir Zulfiqar Ali Khan, Sir Hari Singh Gour, Sir Abdullah Al-Mamun Suhrawardy, Kikabhai Premchand and Rao Bahadur M. C. Rajah. On February 3, 1928, the Simon Commission arrived in Bombay. The Commission published its 17-volume report in 1930. Dominions originally referred to any land in possession of the British Empire. 1928 - Nehru Report was prepared by a committee of the All Parties Conference chaired by Motilal Nehru with his son Jawaharlal acting as secretary. There were nine other members in this committee including two Muslims. The Nehru report was approved by the congress at Calcutta in December 1928. Muslim Political partied opposed the Nehru Report. The three Round Table Conferences of 193032 were a series of conferences organized by the British government to discuss constitutional reforms in India. They were conducted as per the recommendation by the report submitted by the Simon Commission in May 1930. The Labor Government returned to power in Britain in 1931 after that The government decided to hold a Round Table Conference in London to consider new constitutional reforms. All Indian politicians; Hindus, Muslims, Sikhs and Christians were summoned to London for the conference. First Round Table Conference (November 1930 January 1931) B. R. Ambedkar demanded a separate electorate for the Untouchables. Congress did not attend First Round Table Conference 89 members attended the conference

Second Round Table Conference (September December 1931)

Gandhi-Irwin Pact The agreement between Gandhi and Irwin was signed on March 5, 1931. On August 29, 1931, Gandhi sailed for England in the SS Rajputana to attend the Second Round Table Conference; He went as the sole representative of the Indian National Congress. The second session of the conference opened in London on September 7, 1931

Congress, Gandhi said that Congress alone represented political India and there is no need for special electorate or minority status for Muslims or Untouchables. Third Round Table Conference (November December 1932) Poona Pact 1932 Congress agreed with Ambedkar and problem of untouchable electorate was solved. The Labour Party from Britain and the Indian National Congress refused to attend. Thus 3rd round table conference finished with the deadlock without any final conclusions. Mahatma Gandhi launched a Civil Disobedience Movement on the 12th of March 1930 This movement started, then was stopped and then again started. The Government of India Act 1935 first time introduced federalism in India comprising of the provinces and the Indian states. Meaning Federalism - A system of government in which power is divided between a central authority and constituent political units. Provinces - A territory governed as an administrative or political unit of a country or empire. The principle of bicameralism was introduced at the Centre and some of provinces. Two houses were known as Federal Assembly and the council of state.

The council was permanent body consisting of 260 members and 1/3rd of its members retiring every 3 years. The council has 156 members for the British India and up to 104 members for the states. Federal Assembly had a maximum duration of 5 years. Federal Assembly was consisted of 250 representatives from the British India and not more than 125 members from the Indian states. The election seats were divided as General Seats, Sikh Seats, and Muslim seats and reserved seats for scheduled castes and women, Anglo-Indian, Europeans and Indian Christians, commerce and industry, landholders and labor. Introduced direct elections, thus increasing the franchise from seven million to thirty-five million people and governor general got right to nominate 6 members from scheduled classes, women and minority communities. Every type of bill was allowed to be introduced in any house exception was finance bill. Financial bill can only originate in the Assembly. A financial bill could not be introduced without the recommendation of the governor general. When two houses got divided or got different opinion regarding bill, the governor general got power to summon a joint sitting of the two houses for the purpose of voting on the bill. The Federal Court was established in the Center. The Reserve Bank of India was established. Under the act of 1935 first elections were held and congress won the elections. The central legislature was never constituted because Indian states showed no interest to join federation of India. Later 2ND World war started Viceroy Lord Linlithgow declared that India was at war with Germany in 1939. Congress Ministers resigned in year 1939 to gain full independence from British Raj. And also they were upset and angree that without their consultation UK took the war decision about Indias participation. They resigned but they supported the British Government in 2nd world war. Just one No was required and India would have got independence in year 1941

In 1941 Japan threw British People out of Malaya, Singapore, Burma and threatened to end their empire in India. Subhash Chandra Bose the great son of India formed Azad Hind Fauj (Indian National Army INA) in Singapore, and gave his famous slogan Give me blood and Ill give you freedom Japan was defeated in year 1945. How or who killed or murdered Bose only nature knows how the great son of India died. History books say he died in Air crash. The military tribunal held the INA officers guilty and condemned them to harsh punishments. But Government of India understood the feelings of Indian population and cancelled the punishment. Bicameral Legislature such a legislature consisted of two houses, house of assembly and a legislative council. On December 9, 1946 constituent Assembly was set up to draft a constitution for Independent India. British Government passed the law Indian Independence Act 1947 and after passing of this act central legislature ceased to exist on 14th august 1947. Constituent Assembly was to work as the Central Legislature of India. The Government of India Act 1935 is the biggest act made by British Parliament. The Government of India Act 1935 was the longest bill among the Acts which were passed by the British Parliament. Compared to the constitution of the USA, it had fewer than 8,000 words. The Government of India Act 1935 is important because it is one of the foundation stones of the current Republic of India. Government of India Act 1935 PDF consists of 341 Pages. This is the final and last constitution of British India and in 1947 few amendments were made into this government of India Act 1935 and this became the functioning interim constitutions of India and Pakistan. The constitution of India was adopted on November 26, 1949 and it became fully operational with effect from January 26, 1950.

PARTITION OF INDIA
In 1940 A.D. in Lahore Sessions, the Muslims first of all placed their demand for Pakistan in very clear and main words and proposed to make a Muslim state by uniting the northwest and the eastern region. In 1941 A.D. of the time of the Madras Session Muhammad Alijinnah put forth the demand that the aim of the Muslim League was to establish an independent state in the north western and easterns provinces. We are not prepared to accept any such constitution as established by the central Government in entire India. Tinnah delivered fiery speeches and playing with the feelings of pathans. In the 'August Offer' Lord Tinth first of all assured the Indian Muslims that they would be provided with all protection, if any settlement took place between the British and the Indians. Both the Hindus and Muslims rejected the Cripps Plan in 1942 A.D. The Indian National Congress began the Quite India Movement but the Muslim League did not support it. As most of the prominent leaders of the congress were behind bars, the leaders of the Muslims League gave wide publicity to their demand for Pakistan. The Muslim leaders and the students of Aligarh Muslim University also supported this demand. The idea of Pakistan was welcomed by the English language News paper 'Dawn" and Urdu Newspapers 'Jang' and 'Mansur' published from Delhi. The publicity of the Muslim League succeeded and one after the other many news papers from Calcutta also supported the demand for Pakistan. The Indian leaders were also in favour of the creation of Pakistan The proposal

of the cabinet Mission was first accepted by the Muslim league and the congress since 1947 A.D. but soon the Muslim League rejected it and refused to take part in the Interim Govt. The Muslim League celebrated the 'Direct Action Day' on 16th July 1946 A.D. Hence the Hindu Muslim riots broke out in the country. An interim Govt, was formed and the leadership of this Govt, was given to Pandit Nehru but the league did not recognise the interim Govt. A large number of people were killed in the communal riots in different parts of the country. Ultimately the British Govt, declared in February 1947 to leave India by June 1948 A.D. and Lord Mountbatten was sent to India for the final solution of the Indian problems. As the league celebrated the Pakistan Day on 27th March 1947 A.D; the people of Punjab and Bengal resorted to blood-shed and burning of property. The interim Govt, failed to control this situation hence the leaders of India accepted the proposal of Pakistan and thus the draft of Pakistan plan, also known as June plan or Mountbatten plan was put before the congress and league. It was accepted by both the originations. Thus the Act of 1947 A.D. was passed by the English Govt, and India was partitioned into two independent states, that is, the Indian union and Pakistan on 15th August 1947 A.D. Causes of the partition of India: The partition of India was the most significant event in the history of India. Its chief reason was the antic thinking of the Muslims and their communalism. But the circumstances under which it occurred made it one of the saddest events of the history of India. No doubt, the Hindus and the Muslims were living together since long but they failed to inculcate the feeling of harmony and unity among themselves. The funatic leaders played a prominent role in stoking the fires of rabid communalism. As a result, the partition of India and formation of Pakistan took place. The following factors contributed to it. 1. Activities of the Muslim League: The English Govt played a significant role in the formation of Muslim League. The English wanted to create dissensions among the people India in order to consolidate their own position.

The chief aim of the Muslim League was so spread the poison of communalism and the Muslim leaders had their own axe to grind through the medium of this organisation. In the beginning the Muslim League did not prove to be an influential organisation due to its narrow and negative approach. M. A. Jinnah's two nation theory was actually a slogan for the formation of a separate nation for the Indian Muslims. 2. Congress's policy of Appeasement: No doubt, in the partition of India and making of Pakistan, the policies of the English Govt, and the Muslim League were responsible to a great extent but the policy of appealement of the Muslims, adopted by the congress also proved helpful in this field. Unfortunately congress did not try to understand the isolationist and aggressive policy of the Muslim and it continued to sustain the false, hope that there might be some miracle by which the communal problem could be averted forever. The leaders of congress failed to under stand the Muslim character and they continued to commit blunders. In 1916 A.D. of the Lucknow Pact, they accepted the principle of separate franchise for the Muslims and the next blunder was committed by them at the time of accepting the communal electorate system in 1932 A.D. 3. Communal Reaction: As a result of Muslim communalism, Hindu communalism also came into being. The staunch Hindus formed an organisation. Hindu Maha Sabha and other organisation. The system of Shuddic which was adopted by the Arya Sainaj created doubt in the minds of the Muslims. Hindu Maha Sabha not only raised a slogan for the establishment of this nation but also blamed the congress for being anti- Hindu organisation. As a result of the Hindu communalism, the Muslim communalism grew all the more powerful and they raised the slogan of a separate nation. 4. Congress policy of strengthening India:

The Congress felt that there was one alternative to get ride of this problem and that was the partition of India 5. Formation of weak Pakistan: Various leaders of India opined that from political, economic, geographical and military points of view, Pakistan would prove to be a weak nation instead of being a stable one and owing to its own shortcomings; Pakistan could again be incorporated into India. In fact, the unwanted optimism of the Indian leaders also contributed to the making of Pakistan. 6. Development Transfer of power: The British Prime Minister Attlee declared on 20th Feb. 1947 A.D. that in every condition the English would leave India by June 1948 A.D. This declaration created a fear in the hearts of the Indian leaders incases, India was not divided by that date, a civil war would breakout and the country divided into various parts. So, the members of the congress accepted the partition proposal because they did not want to annoy Mountbatten nor did they wish to offend the British Government in that any valid reason. After acceptance of the partition of India by the Muslim League riots broke out in different parts of country. On 20th Feb. 1947 A.D. the British Prime Minister declared that by June 1948 A.D. they would leave Indian by all mean and in the meant time the British drew up the Indian Independence Act of 1947 A.D. Provisions of the Indian Independence Act: The following were the main provision of Indian Independence Act of 1947 A.D. (a) On 15th August 1947 A.D. after the partition of India two Independent kingdoms, such as India and Pakistan would be established. (b) In the territory of India all the provinces of British India would be included excepting the territory which would be included in Pakistan. (c) Eastern Bengal, Western Punjab, Sindh and North West Frontier province would be included in Pakistan.

(d) Both the nations would decide of their own accord if they had to accept the membership of the British common wealth of nations or not. (e) The British crown would appoint separate governor generals in both the states but in case both of them wanted to share one viceroy with their mutual consent, they could be permitted. (f) The supremacy of the crown would come to an end and pacts so far made between the crown and the native rulers would be treated as nullified. (g) The title of Emperor of India awarded to the British crown would be abolished and the post of the Secretary of state for India would also come to and end. (h) The native rulers would have the choice to accede to any state according to their own choice. So the second phase of the constitutional development of India also came to end on the 15th August, 1947 A.D. at midnight and India became free.