Government of India Acts 1909, 1919, and 1935: Constitutional Evolution
Government of India Acts of 1909, 1919, and 1935 represent the three major milestones of British constitutional concessions to Indian demands for self-governance — each act expanded legislative repres...
Government of India Acts of 1909, 1919, and 1935 represent the three major milestones of British constitutional concessions to Indian demands for self-governance — each act expanded legislative representation and provincial autonomy incrementally while retaining ultimate British control, laying the institutional foundation that was partially adapted into India's post-independence Constitution of 1950.
What Was the Government of India Act 1909 (Morley-Minto Reforms)?
Background and Context
Following the Partition of Bengal (1905) and the Swadeshi agitation, Secretary of State John Morley and Viceroy Lord Minto introduced reforms to appease moderate nationalist opinion and detach it from the Extremists.
Key Provisions
- Enlarged legislative councils: The Imperial Legislative Council expanded from 25 to 60 non-official members; provincial councils also enlarged
- Elected members: For the first time, direct elections were introduced for non-official members in provincial councils
- Separate electorates: The most controversial provision — Muslims were given separate electorates where only Muslim voters could elect Muslim representatives. This institutionalised communal political representation in India
- Indian members in Executive Councils: Satyendra Prasad Sinha became the first Indian to join the Viceroy's Executive Council
- Limitations: No responsible government; executive remained British-controlled; the reforms were described as "a wider share in the deliberative organs"
What Were the Montagu-Chelmsford Reforms (Government of India Act 1919)?
Background
Secretary of State Edwin Montagu's August Declaration (1917) promised "increasing association of Indians in every branch of the administration." The Act implemented this through the concept of "dyarchy."
Key Provisions of the 1919 Act
- Dyarchy in provinces: Provincial subjects divided into "reserved" subjects (law and order, finance — retained by British governors) and "transferred" subjects (education, public health, agriculture — given to Indian ministers responsible to elected legislatures)
- Bicameral central legislature: Created a Central Legislative Assembly and a Council of State at the centre
- Franchise extended: Approximately 10% of adult population received voting rights (still based on property qualification)
- Communal representation expanded: Separate electorates for Muslims retained; extended to Sikhs and other communities
- Provincial autonomy increased: But Governor retained emergency powers and certification of bills
- Provision for review: A Statutory Commission to review the Act every 10 years (became the Simon Commission of 1927)
Nationalist Response to 1919 Act
Congress rejected the Act as inadequate. Gandhi launched the Non-Cooperation Movement (1920) partly in response to the Rowlatt Act (1919) passed simultaneously, and the Jallianwala Bagh massacre. The dyarchy arrangement was criticized as giving Indians responsibility without power.
What Was the Government of India Act 1935?
Background
The Simon Commission (1927), Round Table Conferences (1930–32), and the White Paper (1933) led to the most comprehensive constitutional enactment for British India.
Key Provisions of the 1935 Act
| Feature | Provision |
|---|---|
| Federal structure | All-India Federation proposed (joining British India and Princely States) — never came into effect as princes refused |
| Provincial autonomy | Dyarchy abolished in provinces; Indian ministers with full responsibility for all provincial subjects |
| Dyarchy at centre | Dyarchy introduced at the centre instead (defence, foreign affairs remained British); never came into effect |
| Franchise | Electorate expanded to 35 million (from 6.5 million) |
| Federal Court | Established a Federal Court of India in 1937 (forerunner of Supreme Court) |
| Reserve Bank | Reserve Bank of India established under the Act |
| Burma separated | Burma separated from India |
| Communal Award | Retained communal electorates; extended them to Depressed Classes (Scheduled Castes) — Poona Pact (1932) had modified this |
Significance of the 1935 Act
- Congress won majorities in 7 of 11 provinces in 1937 elections and formed governments, gaining experience of provincial governance
- The Act's provincial autonomy provisions became the basis of independent India's federal structure
- Many provisions of the 1935 Act were directly incorporated into the Indian Constitution of 1950
- Congress resigned from provincial ministries in October 1939, protesting India's inclusion in WWII without consultation
Frequently Asked Questions
What was the significance of separate electorates introduced in the 1909 Act?
The introduction of separate electorates for Muslims in the Morley-Minto Reforms of 1909 was historically significant because it institutionalised the principle that Indian communities were distinct political units rather than a unified Indian electorate. Nationalists argued this "divide and rule" policy deepened communal divisions. Separate electorates were retained and expanded in 1919 and 1935. Many historians trace a direct line from the 1909 communal electorates to the eventual Partition of India in 1947.
What was dyarchy and why was it criticized?
Dyarchy (dual governance) divided provincial subjects between "reserved" subjects (law and order, finance) retained under British control and "transferred" subjects (education, agriculture, public health) given to Indian ministers responsible to elected legislatures. It was criticized because Indian ministers had responsibility but not full power — British governors could override or dismiss them, revenue and policing remained British, and the division was artificial. Nationalists called it a constitutional farce that gave the appearance of representative government without its substance.
Why did Congress accept office under the 1935 Act but oppose the Act itself?
Congress formally condemned the Government of India Act 1935 as "a charter of slavery" because it retained ultimate British control, communal electorates, and denied full self-government. However, Congress participated in the 1937 elections and formed provincial governments in 7 provinces for pragmatic reasons: to use the existing constitutional machinery to demonstrate Congress's popular support, gain administrative experience, provide concrete relief to people, and use provincial power as a platform for independence agitation.
How did the Government of India Act 1935 influence the Indian Constitution?
The Government of India Act 1935 was the most important immediate precedent for the Indian Constitution of 1950. Large portions of the constitutional text — particularly the provisions on emergency powers, the federal structure (Union-State relations), the Public Service Commission, the Federal Court (adapted as the Supreme Court), the Administrative Service structure, and the framework of fundamental rights — were either directly adapted from or heavily influenced by the 1935 Act. Dr. Ambedkar acknowledged this continuity, though he stressed that the 1950 Constitution was fundamentally different in its democratic foundation and adult franchise.
What was the Communal Award of 1932 and how did the Poona Pact modify it?
The Communal Award announced by British Prime Minister Ramsay MacDonald in 1932 extended separate electorates to the Depressed Classes (Scheduled Castes/Dalits), giving them separate seats in provincial legislatures. Gandhi, then in prison, went on a fast-unto-death opposing this on grounds that separate electorates would permanently divide Hindus. The Poona Pact (September 1932) negotiated between Gandhi and B.R. Ambedkar replaced separate electorates with reserved seats for Depressed Classes within the general Hindu electorate, with a larger number of reserved seats than the Communal Award had provided.
Sources and Further Reading
According to IGNOU's BHIC-134 (Modern India) course material, the Government of India Acts of 1909, 1919, and 1935 are studied as successive stages of British constitutional policy toward India, revealing the logic of incremental reform designed to contain rather than satisfy nationalist demands for self-governance.
- IGNOU BHIC-134: Modern India — Unit on Constitutional Reforms
- B. Shiva Rao (ed.), The Framing of India's Constitution (5 vols.)
- Reginald Coupland, The Indian Problem (3 vols.)
- Bipan Chandra et al., India's Struggle for Independence
- Granville Austin, The Indian Constitution: Cornerstone of a Nation