■ GOVERNMENT OF INDIA ACT 1919
Historicalbackground
◇ It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects.
◇ The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary.
◇ It further divided the provincial subjects into two parts– transferred and reserved.
◇ The transferred subjects were to be administered by the Governor with the aid of Ministers responsible to the legislative council. The reserved subjects, were to be administered by the Governor and his executive council without being responsible to the legislative council. This dual scheme of governance was known as ‘dyarchy'.
■ GOVERNMENT OF INDIA ACT 1919 [PART 2]
Historicalbackground
◇ It introduced, for the first time, bicameralism and direct elections in the country. The majority of members of both the Houses were chosen by direct election.
◇ It required that the three of the six members of the Viceroy’s executive Council (other than the Commander-in-Chief) were to be Indian.
◇ It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
◇ It granted franchise to a limited number of people on the basis of property, tax or education.
■ GOVERNMENT OF INDIA ACT, 1919 [PART 3]
Historicalbackground
◇ It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India.
◇ It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants.
◇ It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets.
◇ It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.
■ INDIA INDEPENDENCE ACT, 1947 [ PART 1]
#Historicalbackground
◇ It ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947.
◇ It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth.
◇ It abolished the office of Viceroy and provided, for each dominion, a governor general, who was to be appointed by the British King on the advice of the dominion cabinet.
◇ His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India or Pakistan.
◇ It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself.
■ INDIA INDEPENDENCE ACT, 1947 [ PART 2 ]
#Historicalbackground
◇ It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced.
◇ It abolished the office of the Secretary of State for India and transferred his functions to the Secretary of State for Commonwealth Affairs.
◇ It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15, 1947.
◇ It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.
◇ It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the
new Constitutions were framed.
◇ The dominions were however authorised to make modifications in the Act.
■ INDIA INDEPENDENCE ACT, 1947 [ PART 3 ]
#Historicalbackground
◇ It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. But, this right was reserved for the Governor General.
◇ The Governor General would have full power to assent to any bill in the name of His Majesty.
◇ It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.
◇ It dropped the title of Emperor of India from the royal titles of the King of England.
◇ It discontinued the appointment to civil services and reservation of posts by the secretary of state for India.
◇ The members of the civil services appointed before August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time.
■ GOVERNMENT OF INDIA ACT, 1935
#Historicalbackground
◇ It provided for the establishment of an All-India Federation consisting of provinces and princely states as units.
◇ The Act divided the powers between the Centre and units in terms of three lists–Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List
(for both, with 36 items).
◇ Residuary powers were given to the Viceroy.
◇ However, the federation never came into being as the princely states did not join it.
◇ It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place.
◇ The provinces were allowed to act as autonomous units of administration in their defined spheres.
◇ Moreover, the Act introduced responsible Governments in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature.
◇ This came into effect in 1937 and was discontinued in 1939.
