Government of India Act of 1909

Note-1
The Government of India Act 1919 (9 & 10 Geo. 5 c. 101) was an Act of the Parliament of the
United Kingdom. It was passed to expand participation of Indians in the government of India.
The Act embodied the reforms recommended in the report of the Secretary of State for India,
Edwin Montagu, and the Viceroy, Lord Chelmsford. The Act covered ten years, from 1919 to
1929. This retraction of British imperialism was a result of India's enthusiastic participation in
World War I.

The Act provided a dual form of government (a "dyarchy") for the major provinces. In each such
province, control of some areas of government, the "transferred list", were given to a
Government of ministers answerable to the Provincial Council. The 'transferred list' included
Agriculture, supervision of local government, Health and Education. The Provincial Councils
were enlarged.

At the same time, all other areas of government (the 'reserved list') remained under the control of
the Viceroy. The 'reserved list' included Defence (the military), Foreign Affairs, and
Communications.

The Imperial Legislative Council was enlarged and reformed. It became a bicameral legislature
for all India. The lower house was the Legislative Assembly of 144 members, of which 104 were
elected and 40 were nominated and tenure of three years. The upper house was the Council of
States consisting of 34 elected and 26 nominated members and tenure of five years.

Note-2
Government of India Act of 1909 is also known as Morley- Minto Reforms. After Lord
Curzon`s partitioning of Bengal, terrorism invoked in the land of Bengal and it was an absolute
necessity to restore stability of the British Raj. So in order to crack down the terrorist act in
Bengal, John Morley, the Liberal Secretary of State for India and The Earl of Minto, the
Conservative Governor General of India, together came to a common opinion that a dramatic
step was required. This Act also gave security to the loyal followers of Indian upper classes and
upcoming westernized section of the population.

They together produced the Indian council act of 1909 (Morley-Minto Reforms) though the
reforms did not meet the demands of Indian National Congress of `the system of government
obtaining in Self-Governing British Colonies`.

The importance of the Government of India Act 1909 is as follows:

The law allowed the Indians to take part in the election of the various legislative councils in
India for the first time. The majority of this council was appointed by British Government. And
also the constituency was limited to specific classes of Indian nationals.
 The introduction of the electoral from Indians was though against the intent of Morley, but
could effectively establish the groundwork for a parliamentary system. Burke and Quraishi
remarked: "To Lord Curzon`s apprehension that the new Councils could become `parliamentary
bodies in miniature`, Morley vehemently replied that, `if it could be said that this chapter of
reforms led directly or indirectly to the establishment of a parliamentary system in India, I for
one would have nothing at all to do with it`. But he had already confessed in a letter to Minto in
June 1906 that while it was inconceivable to adapt English political institutions to the `nations
who inhabit India...the spirit of English institutions is a different thing and it is a thing that we
cannot escape, even if we wished...because the British constituencies are the masters, and they
will assuredly insist.. .all parties alike.. .on the spirit of their own political system being applied
to India.` He never got down to explaining how the spirit of the British system of government
could be achieved without its body."

Muslim leaders of India demanded the laws to be conditioned and they would have to face
Hindu majority and expressed serious concern and protested against the law. They demanded the
law to be `first past the post` type.

As a result of this the minority Muslim community was allotted reserved seats in Municipal
and District Boards, in the Provincial Councils and in the Imperial Legislature.

The number of reserved seat was more than their percentage in the relative population
(twenty five percent of total Indian population).

Only Muslims should vote for Muslim candidates (Separate Electorate).

These concessions for Muslim community brought about a constant conflict during the years
1909-47. British rulers generally encouraged communal difference through these reserved seats,
as the Muslim candidates did not have to appeal for Hindu votes and vice versa. As later on
British Government transferred more powers to Indian politicians through the acts of 1919 and
1935, this Hindu-Muslim divisibility increased furthermore which hindered the natural harmony
that prevailed in India before.