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Government of India Act- 1919

advtanmoy 22/10/2017 12 minutes read

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United Kingdom the country the people

Home ยป Law Library Updates ยป Law Library ยป National Constitutions ยป Government of India Act- 1919

The Government of India Act of 1919 was declared by the imperialist bourgeoisie to be a landmark in the political progress of India, and it found not a few enthusiastic supporters in the Labour Party, Mr. MacDonald himself being one. These very meagre reforms were conceded very grudgingly and from the beginning they have been sabotaged by all conceivable means. Now comes Mr. MacDonald to tell the Indian Nationalists that they should be thankful to imperialism for this Great Charter, but should not insist upon its fulfillment. [MN Roy -1924 – The 2nd International & the Doctrine of Selfโ€“Determination-Communist International, no.4 (New Series), pp.123-137]

Preambleย  ย 

Part I

Section1 – Government of India by the Crownย ย ย ย 
ย 
Section2 – The Secretary of Stateย ย ย ย 
ย 
Section3 – The Council of Indiaย ย ย ย 
ย 
Section4 – Seat in Council disqualification for Parliamentย ย ย ย 
ย 
Section5 – Duties of Councilย ย ย ย 
ย 
Section6 – Powers of Councelย ย ย ย 
ย 
Section7 – President and vice-president of Councelย ย ย ย 
ย 
Section8 – Meetings of Councilย ย ย ย 
ย 
Section9 – Procedure at meetingsย ย ย ย 
ย 
Section10 – Committees of Council and businessย ย ย ย 
ย 
Section11 – Correspondence between Secretary of State and Indiaย ย ย ย 
ย 
Section12 – [Omitted]ย ย ย ย 
ย 
Section13 – [Omitted]ย ย ย ย 
ย 
Section14 – [Omitted]ย ย ย ย 
ย 
Section15 – Communication to Parliament as to orders for commencing hostilitiesย ย ย ย 
ย 
Section16 – [Omitted]ย ย ย ย 
ย 
Section17 – Establishment of Secretary of Stateย ย ย ย 
ย 
Section18 – Pensions and gratuitiesย ย ย ย 
ย 
Section19 – Military appointmentsย ย ย ย 
ย 
Section19A – Relaxation of control of Secretary of Stateย ย ย ย 
ย 
ย 
Part II
ย 
ย 
Section20 – Application of revenuesย ย ย ย 
ย 
Section21 – Control of Secretary of State over expenditure of revenuesย ย ย ย 
ย 
Section22 – Application of revenues to military operations beyond the frontierย ย ย ย 
ย 
Section23 – Accounts of Secretary of State with Bankย ย ย ย 
ย 
Section24 – Power of attorney for sale or purchase of stock and receipt of dividendsย ย ย ย 
ย 
Section25 – Provision as to securitiesย ย ย ย 
ย 
Section26 – Accounts to be annually laid before Parliamentย ย ย ย 
ย 
Section27 – Audit of Indian accounts in United Kingdomย ย ย ย 
ย 

Part III

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ย 
Section28 – Power of Secretary of State to sell, mortgage and buy propertyย ย ย ย 
ย 
Section29 – Contracts of Secretary of Stateย ย ย ย 
ย 
Section29A – High Commissioner for Indiaย ย ย ย 
ย 
Section30 – Power to execute assurances, etc., in Indiaย ย ย ย 
ย 
Section31 – Power to dispose of escheated property, etc.ย ย ย ย 
ย 
Section32 – Rights and liabilities of Secretary of State in Councilย ย ย ย 
ย 

Part IV

ย 
Section33 – Powers of control of Governor-General in Councilย ย ย ย 
ย 
Section34 – The Governor-Generalย ย ย ย 
ย 
Section35 – [Omitted]ย ย ย ย 
ย 
Section36 – Members of Councilย ย ย ย 
ย 
Section37 – Rank and precedence of the Commander-in-Chiefย ย ย ย 
ย 
Section38 – Vice-President of Councilย ย ย ย 
ย 
Section39 – Meetingsย ย ย ย 
ย 
Section40 – Business of Governor-General in Councilย ย ย ย 
ย 
Section41 – Procedure in case of difference of opinionย ย ย ย 
ย 
Section42 – Provision far absence of Governor-General from meetings of Councilย ย ย ย 
ย 
Section43 – Powers of Governor-General in absence from Councilย ย ย ย 
ย 
Section43A – Appointment of Council Secretariesย ย ย ย 
ย 
Section44 – Restriction on power of Governor-General in Council to make war or treatyย ย ย ย 
ย 

Part V

ย 
Section45 – Relation of local Governments to Governor-General in Councilย ย ย ย 
ย 
Section45A – Classification of central and provincial subjectsย ย ย ย 
ย 
Section46 – Local government in governors’ provincesย ย ย ย 
ย 
Section47 – Members of governors’ executive councilsย ย ย ย 
ย 
Section48 – Vice-president of councilย ย ย ย 
ย 
Section49 – Business of governor in council and governor with ministersย ย ย ย 
ย 
Section50 – Procedure in case of difference of opinion in executive councilย ย ย ย 
ย 
Section51 – Provision for absence of governor from meetings of councilย ย ย ย 
ย 
Section52 – Appointment of ministers and council secretariesย ย ย ย 
ย 
Section52A – Constitution of new provinces, etc., and provision as to backward tractsย ย ย ย 
ย 
Section52B – Savingย ย ย ย 
ย 
Section53 – Lieutenant-governorshipsย ย ย ย 
ย 
Section54 – Appointment, etc., of lieutenant-governorsย ย ย ย 
ย 
Section55 – Power to create executive councils for lieutenant-governorsย ย ย ย 
ย 
Section56 – Vice-president of lieutenant-governor’s councilย ย ย ย 
ย 
Section57 – Business of lieutenant-governor in Councilย ย ย ย 
ย 
Section58 – Chief commissionersย ย ย ย 
ย 
Section59 – Power to place territory under authority of Governor-General in Councilย ย ย ย 
ย 
Section60 – Power to declare and alter boundaries of provincesย ย ย ย 
ย 
Section61 – Saving as to lawsย ย ย ย 
ย 
Section62 – Power to extend boundaries of presidency-townsย ย ย ย 
ย 

Part VI

ย 
Section63 – Indian legislatureย ย ย ย 
ย 
Section63A – Council of Stateย ย ย ย 
ย 
Section63B – Legislative Assemblyย ย ย ย 
ย 
Section63C – President of Legislative Assemblyย ย ย ย 
ย 
Section63D – Duration and sessions of Legislative Assembly and Council of Stateย ย ย ย 
ย 
Section63E – Membership of both chambersย ย ย ย 
ย 
Section64 – Supplementary provisions as to composition of Legislative Assembly and Council of Stateย ย ย ย 
ย 
Section65 – Powers of Indian legislatureย ย ย ย 
ย 
Section66 – Laws for the Royal Indian Marine Serviceย ย ย ย 
ย 
Section67 – Business and proceedings in Indian legislatureย ย ย ย 
ย 
Section67A – Indian budgetย ย ย ย 
ย 
Section67B – Provision for case of failure to pass legislationย ย ย ย 
ย 
Section68 – Assent of Governor-General to Billsย ย ย ย 
ย 
Section69 – Power of Crown to disallow Actsย ย ย ย 
ย 
Section70 – [Omitted]ย ย ย ย 
ย 
Section71 – Power to make regulationsย ย ย ย 
ย 
Section72 – Power to make ordinances in cases of emergencyย ย ย ย 
ย 
Section72A – Governors’ legislative councilsย ย ย ย 
ย 
Section72B – Sessions and duration of governors’ legislative councilsย ย ย ย 
ย 
Section72C – Presidents of governors’ legislative councilsย ย ย ย 
ย 
Section72D – Business and procedure in governors’ leg’slative councilsย ย ย ย 
ย 
Section72E – Provision for case of failure to pass legislation in governor’s legislative councilsย ย ย ย 
ย 
Section73 – Legislative councils of lieutenant-governors and chief commissionersย ย ย ย 
ย 
Section74 – [Omitted]ย ย ย ย 
ย 
Section75 – [Omitted]ย ย ย ย 
ย 
Section76 – Constitution of legislative councils of lieutenant-governors and chief commissionersย ย ย ย 
ย 
Section77 – Power to constitute local legislatures in lieutenant-governors’ and chief commissioners’ provincesย ย ย ย 
ย 
Section78 – Meetings of legislative councils of lieutenant-governors and chief commissionersย ย ย ย 
ย 
Section79 – [Omitted]ย ย ย ย 
ย 
Section80 – Business at meetings of councils of lieutenant-governors and chief commissionersย ย ย ย 
ย 
Section80A – Powers of local legislaturesย ย ย ย 
ย 
Section80B – Vacation of seats in local legislative councilsย ย ย ย 
ย 
Section80C – Financial proposalsย ย ย ย 
ย 
Section81 – Assent to Billsย ย ย ย 
ย 
Section81A – Return and reservation of Billsย ย ย ย 
ย 
Section82 – Power of Crown to disallow Acts of local lagislaturesย ย ย ย 
ย 
Section83 – [Omitted]ย ย ย ย 
ย 
Section84 – Removal of doubts as to validity of certain Indian lawsย ย ย ย 
ย 

Part VIA

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ย 
Section84A – Statutory commissionย ย ย ย 
ย 

Part VII

ย 
Section85 – Salaries and allowances of Governor-General and certain other officials in Indiaย ย ย ย 
ย 
Section86 – Leave of absence to members of executive Councilsย ย ย ย 
ย 
Section87 – Provisions as to absence from Indiaย ย ย ย 
ย 
Section88 – [Omitted]ย ย ย ย 
ย 
Section89 – Power for Governor-General to exercise powers before taking seatย ย ย ย 
ย 
Section90 – Temporary vacancy in office of Governor-Generalย ย ย ย 
ย 
Section91 – Temporary vacancy in office of governorย ย ย ย 
ย 
Section92 – Temporary vacancy in office of member of an executive councilย ย ย ย 
ย 
Section93 – Vacancies in legislative councilsย ย ย ย 
ย 
Section94 – Leaveย ย ย ย 
ย 
Section95 – Power to make rules as to Indian military appointmentsย ย ย ย 
ย 
Section96 – No disabilities in respect of religion, colour or place of birthย ย ย ย 
ย 
Section96A – Qualification of rulers and subjects of certain states for officeย ย ย ย 
ย 

Part VIIA

ย 
Section96B – The civil services in Indiaย ย ย ย 
ย 
Section96C – Public service commissionย ย ย ย 
ย 
Section96D – Financial controlย ย ย ย 
ย 
Section96E – Rules under Part VII-Aย ย ย ย 
ย 

Part VIII

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ย 
Section97 – Rules for admission to the Indian Civil Serviceย ย ย ย 
ย 
Section98 – Offices reserved to the Indian Civil Serviceย ย ย ย 
ย 
Section99 – Power to appoint certain persons to reserved officesย ย ย ย 
ย 
Section100 – Power to make provisional appointments in certain casesย ย ย ย 
ย 

Part IX

ย 
Section101 – Constitution of high courtsย ย ย ย 
ย 
Section102 – Tenure of office of judges of high courtsย ย ย ย 
ย 
Section103 – Precedence of judges of high courtsย ย ย ย 
ย 
Section104 – Salaries, etc., of judges of high courtsย ย ย ย 
ย 
Section105 – Provision for vacancy in the office of chief justice pr other judgeย ย ย ย 
ย 
Section106 – Jurisdiction of high courtsย ย ย ย 
ย 
Section107 – Powers of high court with respect to subordinate courtsย ย ย ย 
ย 
Section108 – Exercise of jurisdiction by single judges or division courtsย ย ย ย 
ย 
Section109 – Power for Governor-General in Council to alter local limits of jurisdiction of high courtsย ย ย ย 
ย 
Section110 – Exemption from jurisdiction of high courtย ย ย ย 
ย 
Section111 – Written order by Governor-General justification for act in any court in Indiaย ย ย ย 
ย 
Section112 – Law to be administered in case of inheritance and successionย ย ย ย 
ย 
Section113 – Power to establish additional high courtย ย ย ย 
ย 
Section114 – Appointment and powers of advocate-generalย ย ย ย 

Part X

ย 
Section115 – Jurisdiction of Indian bishopsย ย ย ย 
ย 
Section116 – [Repealed]ย ย ย ย 
ย 
Section117 – Consecration of person resident in India appointed to bishopricย ย ย ย 
ย 
Section118 – Salaries and allowances of bishops and archdeaconsย ย ย ย 
ย 
Section119 – Payments to representatives of bishopsย ย ย ย 
ย 
Section120 – Pensions to bishopsย ย ย ย 
ย 
Section121 – Furlough rulesย ย ย ย 
ย 
Section122 – Establishment of chaplains of Church of Scotlandย ย ย ย 
ย 
Section123 – Saving as to grants to Christiansย ย ย ย 
ย 

Part XI

ย 
Section124 – Certain acts to be misdemeanours: Oppression–Wilful disobedienceBreach of duty–Trading–Receiving presentsย ย ย ย 
ย 
Section125 – Loans to princes or chiefsย ย ย ย 
ย 
Section126 – Carrying on dangerous correspondenceย ย ย ย 
ย 
Section127 – Prosecution of offences in Englandย ย ย ย 
ย 
Section128 – Limitation for prosecutions in British Indiaย ย ย ย 
ย 
Section129 – Penaltiesย ย ย ย 
ย 

Part XII

ย 
Section129A – Provision as to rulesย ย ย ย 
ย 
Section130 – [Repealed]ย ย ย ย 
ย 
Section131 – Savjng as to certain rights and powersย ย ย ย 
ย 
Section132 – Treaties, contracts and liabilities of East India Companyย ย ย ย 
ย 
Section133 – Orders of East India Companyย ย ย ย 
ย 
Section134 – Definitionsย ย ย ย 
ย 
Section135 – Short titleย ย ย ย 

ย 
Schedule I – FIRST SCHEDULEย ย ย ย 
ย 
Schedule II – SECOND SCHEDULEย ย ย ย 
ย 
Schedule III – THIRD SCHEDULEย ย ย ย 
ย 
Schedule IV – FOURTH SCHEDULEย ย ย ย 
ย 
Schedule V – FIFTH SCHEDULE
ย 
______________________________
ย 
Law

Ramsay MacDonald’s speech on India before UK Parliament (Extract)

26 January 1931 vol 247 cc637-762

If we wish to see how far we have travelled upon the road to self-government for India, we have only to com- 674pare the Declaration made in this House in 1917 by Mr. Montagu, who was then Secretary of State for India, and which was embodied in the Government of India Act, 1919, with the position to-day. The Government of India Act in its preamble spoke of the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the British Empire. It went on to say this policy can only be achieved by successive stages โ€ฆ. and the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples. Compare that with the Prime Minister’s statement in summing up the Round Table Conference. Finally, I hope and I trust and I pray that by our labours together India will possess the only thing which she now lacks to give her the status of a Dominion among the British Commonwealth of Nationsโ€”what she now lacks for thatโ€”the responsibilities and the cares, the burdens and the difficulties, but the pride and the honour of responsible self-government.

The Prime Minister definitely placed the Indian constitution on a permanent basis. Responsibility in future is to be placed on Indians, both at the Centre and in the Provinces. The safeguards are a matter of common agreement and concern, and their disappearance in time will result as a matter of negotiation amongst equals. Compare that with the Declaration of 1917, in which Parliament was to be the sole judge, and one can see how far we have travelled. The test then was to be India’s fitness. That has entirely gone. In the Prime Minister’s statement there is no question about India’s fitness; we admit that. I should like to quote some words of Immanuel Kant, which, I think, are quite apposite: If we were not designed to exert our powers until we were assured of our ability to attain our object, those powers would remain unused. It is only by trying that we learn what our powers are. Dr. Rabindranath Tagore, who was referred to by the hon. Member for Bodmin (Mr. Foot) wrote a letter in the “New York Times” in which he said: It is the opportunity for self-government itself which gives for self-government, not foreign subjection. 675I should also like to thank the Noble Lord, Lord Lothian, for his excellent statement that The only cure for irresponsibility is responsibility. An India free and friendly will be a great bulwark for Britain. We went to India nearly two centuries ago for trade, and that is what we want badly to-day.

The agreement to-day with India is the best promise for trade and benefit both to India and to Britain. Something has been said about safeguards. These are necessary in the interests of the Indians themselves, and as I said in the House last May, if we brought the Indians here to a Round Table Conference they themselves would insist on safeguards. They are absolutely necessary in the interests of Indians themselves, and Indians alone will be able to say when they will be unnecessary. It is in the interests of a united India for Indians to make them unnecessary as soon as possible. The Prime Minister in referring to safeguards pointed out that it would be the primary concern of His Majesty’s Government to see that the reserved powers are so framed and exercised as not to prejudice the advance of India through the new constitution to full responsibility for her own government. Sir Taj Bahadur Sapru, that far-seeing statesman, said in connection with safeguards: It may be that there are certain safeguards. Frankly, I am not alarmed by those safeguards; and indeed โ€ฆ. those safeguards are really intended in the interests of the responsible government that we are establishing at the centre and not to strengthen the hands of English control over us. India has been a great country, not merely for centuries but for thousands of years. Indian culture has influenced and is influencing the world to-day. India in the past has had great Empires and the names of Asoka and Akbar will be remembered for all times as great emperors. India has survived while other countries and empires which have grown up since have perished. [Ramsay MacDonald’s speech-1931]ย 


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