Montague-Chelmsford Reforms of 1919 | Government of India Act, 1919

• The Montagu-Chelmsford (or Mont-Ford) Reforms, an act of constitutional reform enacted in 1919, were created by Edwin Montagu, Secretary of State, and Lord Chelmsford, Viceroy.
• Those reforms became effective in 1921 when the Montagu-Chelmsford Act was passed.
• This Act was solely intended to ensure Indian representation in government.
• A variety of reforms were introduced with the Act, both centrally and provincially.

Characteristics of the Act

Central Level Government:

• Subjects:
  
  • Those matters that were of national importance or concerned more than one province were governed at the central level, such as:
    
    • Foreign Affairs, Defence, Political Relations, Communications, Public Debt, Criminal Law, Wire Services, etc.
  • The Act strengthened the Central Legislature’s power and strengthened its representation.
• Executive:
  
  • According to the Act, the Governor-General is the chief executive.
    
    • There had to be an Executive Council of the Viceroy consisting of eight members, of which three were to be Indians.
    • In addition to restoring grants, the governor-general could certify bills rejected by the central legislature and issue ordinances.
• Reforms in Legislature:
  
  • Bicameral Legislature: The Act introduced the two houses of legislature; the Lower House or Central Legislative Assembly and the Upper House or Council of State.
  • The new reforms allowed legislators to ask questions and introduce supplements, pass adjournment motions and vote on a part of the budget, but 75% of it cannot be voted upon.
  • Legislators had virtually no control over the Governor-General and his Executive Council.
  • Lower House composition: The Lower House would consist of 145 members who would either be nominated or indirectly elected from the provinces. It would have a three-year term.
    
    • 41 nominees (26 official and 15 non-official)
    • 104 elected (52 generals, 30 Muslims, 2 Sikhs, and 20 specials).
  • Upper House composition: The Upper House would have 60 members. Its members would serve for a period of five years and could only be men.
    
    • 26 nominees
    • There were 34 elected (20 Generals, 10 Muslims, 3 Europeans, and 1 Sikh).
• Powers of Viceroy:
  
  • The Viceroy addressed the Legislature.
  • His actions would include calling for meetings, adjourning meetings, or repealing the Legislature altogether.
  • Its term was 3 years, which could be extended by the Viceroy if he so wished.
• Powers of Central Legislature:
  
  • The central government exercised unrestricted control over the provinces.
  • A Central Legislature was authorised to make laws for all of India, for all Officers and common people, whether they were in India or not.
• Restrictions on Central Legislature:
  
  • Certain restrictions were imposed on the legislature:
    
    • To introduce a bill, such as an amendment to an existing law or an amendment to an ordinance, foreign relations or relations with Indian states, it was necessary to get the Governor General’s approval.
  • The legislature of India cannot amend or reverse any law passed by the British Parliament in relation to India.

Provincial Level Government:

• Subjects:
  
  • This covered matters relating to a particular province, such as:
    
    • Health, Local Self-Government, Education, General Administration, Medical Facilities, Land Revenue, Water Supply, Famine Relief, Law and Order, Agriculture, etc.
• Introduction to Diarchy:
  
  • In the Act, the executive is governed by diarchy (rule based on two individuals/parties).
  • Eight provinces were governed by the diarchy:
    
    • The Central Provinces, United Provinces, the Central Provinces, Bengal, Bihar, and Orissa, Bombay, Madras, and Punjab.
  • Dyarchy gave more power to the provincial governments.
  • The governor was to be the executive head of the province.
• Division of Subjects:
  
  • There were two lists of reserved and transferred subjects.
    
    • Those subjects were to be administered by the governor via his executive council of bureaucrats under the reserved list.
      
      • Among the subjects were law and order, finance, land revenue, irrigation, etc.
      • The Provincial Executive reserved all important subjects.
    • The transferred subjects were to be administered by ministers from the legislative council elected by their constituents.
      
      • The subjects covered included education, health, local government, industry, agriculture, excise, etc.
  • The governor could also take over the administration of transferred subjects if the constitutional machinery in a province fails.
• Restriction in Interference:
  
  • While the Secretary of State for India and the Governor General may intervene in respect of reserved subjects, their role in respect of transferred subjects is limited.
• Reforms in Legislature:
  
  • There was an expansion of provincial legislative councils and 70% of members were to be elected.
  • Community and class electorates were further consolidated.
  • The legislative councils could reject the budget, but the governor could restore it if needed.
  • Legislators enjoyed freedom of speech.
  • Allowed Provincial Councils to determine if women could vote, provided they met stringent property, income, or educational levels.
• Powers of the Governor:
  
  • Ministers could be overruled by the Governor for any special reason the Governor deemed appropriate. He also had complete control over the finances.
  • Legislation could only be initiated by legislative councils with the governor’s consent.
  • Bills and ordinances could be vetoed by the governor.

Importance of the Act

• The Indians became aware of their duties after receiving secret information about administration.
  
  • Indians were instilled with a sense of nationalism and awakening as they progressed towards achieving Swaraj.
• Expansion of voting rights: Voting areas in India expanded, and more people understood the benefits of voting.
• India’s first provincial self-government was established by this Act.
  
  • In the Act, the people gained power over administration and the government’s administrative pressure was greatly reduced.
  • As part of the provincial administration, the program prepared Indians for their roles.

Drawbacks of the Act

• The Act does not provide for a responsible central government at the all-India level.
• Communalism spread: the flawed electoral system and limited franchise failed to gain popularity. This promoted the notion of communal membership.
• Extension of voter registration: The electorate for the central legislature was extended to some one and a half million, while the population of India is around 260 million, according to one estimate.
• The viceroy and his executive council were not subject to any legislative oversight at the centre.
  
  • Provincial ministers had no control over finances or bureaucrats, leading to friction between them.
  • Sometimes the ministers were not consulted about important matters as well, and the governor could override them on any matter he considered important.
  • The Governor had unrestricted powers; he could also overrule the decision of his council and ministers.
    
    • The governor was responsible for almost all administrative matters.
• Inappropriate Division of Subjects: The division of subjects was not satisfactory at the center.
  
  • The central legislature had very little power and no control over finances.
  • It was illogical and impossible to administer two parts of a province simultaneously.
    
    • The subjects of irrigation, finance, police, press, and justice were reserved.

Outcomes of the Act

• In August 1918, under Hasan Imam’s presidency, the Congress met in special session at Bombay and declared the reforms to be “disappointing” and “unsatisfactory” and demanded effective self-government in its place.
  
  • Bal Gangadhar Tilak described the Montford reforms as “unworthy and disappointing – a sunless dawn.”.
  • Annie Besant believed that the reforms were “unworthy of England to offer and India to accept”.
  • Congress leaders led by Surendranath Banerjea were in favor of accepting the government’s proposals.
• The Act encouraged both Indians and British to fight for power.
  
  • From 1922 to 1927, a large number of communal riots took place as a result.
  • The Swaraj Party was founded in 1923 and won a significant number of seats in the elections, only Madras was excluded.
    
    • The majority of other supplies with the salaries of ministers were blocked in Bombay and Central Provinces.
    • Thus, the governors of both provinces were forced to abolish the diarchy regime and take the transferred subjects in under their control.
• While the government of India tried to appease the Indians with the Rowlatt Act, it prepared to impose repression.
  
  • Repression of nationalists continued during the war. Terrorists and revolutionaries were hunted down, hanged, and imprisoned.
    
    • Other nationalists such as Maulana Abul Kalam Azad were also imprisoned.
  • In response, the government bought itself further-reaching powers in order to suppress those who would reject official reforms in defiance of the established principles of the rule of law.
  • The Rowlatt Act was passed in March 1919, despite the opposition of every single Indian member of the Central Legislative Council.
    
    • Under this Act, the government could imprison anyone without trial and conviction in a court of law.
    • Through the Act, the government was able to suspend Habeas Corpus, a fundamental principle of British civil liberties.