Q. In the Government of India Act 1919, the functions of Provincial Government were divided into “Reserved” and “Transferred” subjects. Which of the following were treated as “Reserved” subjects?

Administration of Justice
Local Self-Government
Land Revenue
Police

Select the correct answer using the code given below:

1, 2 and 3
2, 3 and 4
1, 3 and 4
1, 2 and 4

Answer: (c) 1, 3 and 4

Government of India Act 1919:

The Government of India Act 1919 was a legislative framework designed to reform British India’s governance. It was based on the Montagu-Chelmsford Report, which was drafted by Edwin Montagu, Secretary of State for India, and Lord Chelmsford, Viceroy of India at the time.
The primary goal of the Act was to introduce a more responsible form of government in India by increasing Indian participation in the administrative machinery while retaining ultimate authority with the British Crown. The Act established a dual governance structure (dyarchy) at the provincial level and a more inclusive legislative framework, but with some limitations.
The Government of India Act 1919 introduced dyarchy, allowing Indian ministers control over some provincial subjects, while the British retained power over finance and law.
- The Viceroy held significant authority at the central level, with limited Indian involvement in key areas like defence and foreign policy.

Executive Changes in the Government of India (Centre)

The governor-general was to be the chief executive authority.
The Act did not introduce responsible government at the Centre though Indians were to have greater influence there.
The number of Indians in the Governor General’s Executives Council was raised to 3 in a Council of 8.
The Indian members were entrusted with departments like that of Law, Education, Labour, Health and Industries.
The new scheme of Government envisaged a division of Subjects into the Central List and the Provincial List.
- A List of Central subjects was drawn up which were to be administered by the Governor General in Council.
- Central List:
  - Those subjects which were of national importance or which related to more than one province, such as:
    - Foreign Affairs, Defence, Political Relations, Posts and Telegraphs, Public Debt, Communications, Civil and Criminal Law and Procedure, etc.
  - Any subject not specially transferred to the provinces was a Central subject.
- Provincial List:
  - Subjects of provincial importance, such as
    - Public Health, Local Self Government, Education, Medical Administration, Land Revenue Administration, Water Supply, Famine Relief, Law and Order, Agriculture, etc.
- The revenue resources were divided between the centre and the provinces, with land revenue going to the provinces, and income tax remaining with the centre.
Analysis:
- Though a step was taken towards increasing association of Indians by raising their strength to 3, yet the departments assigned to them were comparatively unimportant.
- Nor were these members made responsible to the Legislative.
- The division of subjects into two lists was not clear-cut or based on proper consideration.
- Although all subjects in the Provincial List were provincial for purposes of administration, that was not the case for purpose of legislation.
- The chief executive authority still remained with the Governor-General. He exercised full control over his Councillors and enjoyed vast powers over the country.
  - Thus the wishes of the people of the country in respect of the appointment, powers and functions of the Governor General were ignored in the Act.

Executive Changes in Provincial Government (Introduction of Dyarchy)

Dyarchy, i.e., rule of two—executive councillors and popular ministers—was introduced. The governor was to be the executive head in the province.
Under the system of Dyarchy, the subject to be dealt with by the Provincial Government were divided into two parts:
- Reserved subjects:
  - They were administered by the Governor with the help of the members of the Executive Council who were nominated by him and who were not to be responsible to the Legislature.
  - The Reserved subjects were:
    - Land Revenue,
    - Famine Relief,
    - Justice, Police,
    - Criminal Tribes,
    - Printing Presses,
    - Irrigation and Waterways,
    - Mines, Factories, Electricity,
    - Labour Welfare, Industrial Disputes,
    - Excluded Areas,
    - Public Services etc.
- Transferred subjects:
  - They were administered by the Governor acting with ministers appointed by him from among the elected members of the Legislature and who were to be responsible to the Legislature and were to hold office during his pleasure.
  - The ministers were to be responsible to the legislature and had to resign if a no-confidence motion was passed against them by the legislature.
  - The secretary of state and the governor-general could interfere in respect of “reserved” subjects while in respect of the “transferred” subjects; the scope for their interference was restricted.
  - In case of failure of constitutional machinery in the province the governor could take over the administration of “transferred” subjects also.
  - Transferred subjects:
    - Education (other than European and Anglo Indian Education),
    - Libraries, Museums,
    - Local Self Government, Medical Relief,
    - Public Health and Sanitation, Agriculture,
    - Co-operative Societies,
    - Veterinary Department, Fisheries,
    - Public Works,
    - Excise,
    - Industries,
    - Religious and Charitable Endowments, etc.
- The law did not require meetings of all ministers together to take decisions on all Transferred subjects. The Governor dealt with each minister individually.
- On matters of common concern, particularly on the allocation of the revenues, there was joint consultation between the Reserved and Transferred halves of the Government, the Governor presiding and having the last word of the subject.