Lecture 3
Pre Independence Governance Part2
British Government Rule GoI Act 1858
The act was passed by British Parliament after 1857 revolt(An Act for the Better Government of India).
- The act ended the doctrine of lapse policy introduced by Dalhousie. The Indian Royal families were allowed to rule their territory under British rule.
- The governance of India was transferred from EICo to the royal family(Queen Victoria). India became a direct British colony.
- The post of Governor general of India was replaced by Viceroy and Governor General of India(Charles Canning). To assist the viceroy there was an executive Council of 4 members.
- The Royal Family got the power to appoint Viceroy(Governor general) and Governors.
- The Court of Directors and Board of Control were scrapped. A new body Secretary of state for India(from British Cabinet- Edward Henry Stanley) was established with a 15 members council to assist him. The council was advisory in nature.
- The Indian Civil Services was to be constituted for the administration of the country with provision for Indians to be admitted to the service.
British Government Rule Indian High Courts Act 1861
This act was based on the 2nd law commission and the act was enacted by the British Parliament to authorize the Crown to create High Courts in the Indian colony.
Prior to 1861
Crown Court- Supreme Court(at Calcutta, Madras and Bombay)
Company Court- Mofussil Courts and the Diwani Adalats(at Calcutta, Madras and Bombay)
Post 1861
Company Court + Crown Court = High Court(Chief Justice + 15 Puisne Judges) + Lower Courts
Prior to 1861, there was no clear demarcation between Jurisdiction of the Supreme Court and Diwani Adalat. And this led to many problems. So this act amalgamated the Company Court and Crown Court(Supreme Court).
The first High Court in India was established at Fort William, Calcutta in 1862. Later in the same year high courts were established at Bombay and Madras Presidency.
In criminal cases the decision of the High Court was final.
But in civil cases, provision of appeal to the Privy council against High Court Judgement.
High Court Act 1911- 20 Judges + Additional Judges(appointed by Governor General council)
Salaries from Indian revenue, establishing high court in any British Indian territory
British Government Rule Indian Council Act 1861
The act was passed during the tenure of Sir Charles Woods(Secretary of state)
- The Viceroy executive Council was enlarged to 5 members(earlier 4 members) with a portfolio system(introduced by Canning).
Portfolio- home, revenue, military, law and finance
6th Member/Portfolio- Public Works(added in 1874)
- Viceroy was allowed to appoint additional 6-12 members council(legislative Council) with at least half members to be non-official(British + Indian). The first 3 Indian members nominated to viceroy legislative Council were- the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao. The legislative Council had an advisory role mainly and were not allowed to discuss finance matters. Also Viceroy has power to overrule the Legislative Council.
- Viceroy was allowed to issue ordinance if legislative Council is not in session(the ordinance will be valid for 6 months only from passing date if not passed by legislative Council)
- The act restored the legislative power of Bombay and Madras Presidency(which was abolished by the 1833 Act). Governors were allowed to appoint additional members for legislative purposes (4-8 members).
- The Power to decide the territorial boundary of a province and create a new province was granted to the viceroy.
British Government Rule Indian Council Act 1892
Indian National Congress (INC) was formed in 1885. INC start demanding reform in legislative Council(more representation, election instead of nomination, power to discuss financial matters)
- The Act increased the number of legislative Council members.
- Central legislative Council {6-12} → {10-16} some nominated + some elected(indirect)
- Legislative Council members were given the right to ask questions on the budget or matters of public interest but no voting rights (with prior notice of 6 days) and no permission for supplementary questions.
- Although the act didn't mention election but Indirect provision for election was introduced through this act with district boards, universities, municipalities, chambers of commerce and zamindars as electoral college for provincial council.
First act to introduce a representative form of Government.
British Government Rule Indian Council Act 1909
After the 1905 division of Bengal, INC was demanding home rule and Gokhale met Morley in England. In India a Muslim group led by Aga Khan met Minto in 1906(Shimla declaration) and demanded a separate electorate.
This act was introduced in 1909 and was also known as Morley-Minto Reforms after John Morley(Secretary of state) and Minto(Viceroy of India). Lord Minto came to be known as the Father of the Communal Electorate.
- Increase in the number of legislative Council members at centre and province. {10-16} → {16-60}. This act also introduced a separate electorate for Muslims.
- Legislative Council composition
- First act to introduce indirect election in India
1. Ex-officio members(Executives) 2. Nominated official members
3. Nominated non-official members 4. Elected members(indirect election)
Provincial council- local bodies, chambers of commerce, landlords, universities, trader communities and Muslims. At central level official members were in majority and at provincial level non-official members were in majority. But in the Nominated vs elected category, Nominated members were in majority.
The number of members in the provincial legislative councils was not uniform.
- The members of legislative Council were allowed to discuss Budget, supplementary questions and to move resolution(no discussion on foreign policy and princely state relation)
- Indian were allowed for membership of Viceroy executive Council(Satyendra P Sinha- 1909) and Council of the Secretary of State for Indian(K C Gupta and Saiyyed Hussain Bilgrami- 1907)
British Government Rule GoI Act 1912 & GoI Act 1915
GoI Act 1912-
This act was introduced to reorganize the Bengal territory which was partitioned in 1905.
GoI Act 1915-
This act was introduced to consolidated prior Acts related to India.
The GoI act 1915 consolidated 47 prior acts passed by the British Parliament.
GoI act 1915- Regulating Act 1773~ Indian council act 1909
The GoI act 1915 was amended in 1916 to further consolidate the left out provision.
It helped the British government to introduce the GoI act 1919.
British Government Rule Committee
The British Government set up three committee from 1918-1919.
1. Feetham Function Committee
Subject division between centre and provinces. Also division of provincial subjects into the Reserved and Transferred categories.
2. Southborough Franchise Committee
Territorial division of constituency and related to election Franchise.
Ambedkar was invited by this committee and Ambedkar requested for separate electorates and reservations for untouchables and other religious communities.
3. Committee on Home Administration
Reorganisation of Council of India and appointment of High commissioner of India(at London)
British Government Rule GoI Act 1919
Also known as Montagu-Chelmsford reforms based on Edwin Montagu(Secretary of State for India) and Chelmsford (Viceroy). This act had a separate preamble that defined the objective of the British Government was to introduce responsible government in India gradually.
- Division of central and provincial subjects.
- 3 Indian members out of 8 members of viceroy executive Council.
- Bicameral system was introduced at centre- Council of States(Upper house- 60 members- 34 elected + 26 nominated, 5 year terms) and Legislative Assembly(lower house- 145 members- 104 elected + 41 nominated, 3 year terms)
The legislative Assembly will be presided by President/Dy. President(GoI act 1935- Speaker/Dy. Speaker)
The GoI Act 1919, transferred legislative power from viceroy of India to an Indian Legislature(as legislature was dominated by Elected members).
The representation in the Upper house was not on the basis of population but it was based on the importance of the province to the British government.
- The communal representation was extended to Sikhs, Europeans and Anglo-Indians.
- The budget was divided into two parts- votable and non-votable(⅔ of budget)
- No bill could be passed without viceroy assent. But the viceroy could enact the bill without the assent of the legislature.
- The franchise(Right to vote) was granted to those who paid a certain minimum amount of tax(few women also got franchise). It introduced direct elections in India for the first time.
- The Act provided for the establishment of a Public Service Commission(1926) in India for the first time.
- Introduced dyarchy at the Provincial Level(8 provinces). Dual government at Governor executive Council
- Though women were not granted voting rights, nor the right to stand in elections, the Government of India Act 1919 allowed Provincial Councils to determine if women could vote, provided they met stringent property, income, or educational levels. In 1921 Madras became the first presidency where women allowed to vote.
1. Executive councillors(appointed by British government to look reserved subjects)
2. Ministers(from legislative Council to look transferred subjects)
The ministers were responsible to the people because of Indirect election unlike the executive councillors who were not responsible to the people.
The Secretary of State and Viceroy were empowered to interfere in matters of the reserved list but were restricted to interfere in matters of the transferred list.
- 8-12 members in the secretary of state council(3 Indian members).
Half of the members should have 10 years working experience in India.
Salary of the Secretary of State was paid by the British Government.
- A High commissioner of India(William Stevenson) was appointed at London.
British Government Rule Simon Commission 1927
The commission was formed to review the progress in governance of India under GoI act 1919
In November 1927, the British government appointed the Simon Commission 2 years ahead of schedule(10 years after GoI Act 1919) to report on India's constitutional progress. The commission arrived in India in 1928.
7 members commission(all British members) with Chairman- John Simon
Boycotted by all major parties of India including INC and Muslim League. But it was supported by dalit leaders Dr. B. R. Ambedkar, Periyar E. V. Ramasamy, Muhammad Shafi(Muslim League) and Chaudhary Chhotu Ram(Justice Party in the south and the Punjab Unionists were in support of commission)
Yusuf Meherally- Simon Go Back
All-India Committee for Cooperation with the Simon Commission- established by Viceroy, Lord Irwin.
C. Sankaran Nair (Chairman), Arthur Froom, Nawab Ali Khan, Shivdev Singh Uberoi, Zulfiqar Ali Khan, Hari Singh Gour, Abdullah Al-Mamun Suhrawardy, Kikabhai Premchand and Prof. M. C. Rajah
The commission recommended
- The abolition of Diarchy and extension to autonomy of Provinces. But the majority of the power was held by the Governor.
- Extension of separate electorate.
- No mention of Dominion status.
- Recommended Dominion Status for Burma and should be provided its own Constitution
British Government Rule GoI Act 1935
- Longest Act enacted by British Parliament at that time. And later it was split into two parts retroactively-
1. GoI Act 1935(no preamble) 2. Government of Burma Act 1935
The act was based on
a. Simon Commission Report
b. Round Table Conferences(White Paper 1933- based on the 3 Round Table Conferences)
- The act defined India as the federation of British India territory + Princely states(volunteer to join federation)
However, this federation never materialised as (more than 50%)princely states did not join it.
The subjects were divided into three groups with residuary power to Viceroy- 1. Federal list(59) 2. Provincial list(54) 3. Concurrent list(36)
- The act provided for setting up- Federal public service commission, provincial public service commission, joint public service commission, federal court, Federal bank- Reserve Bank of India(Hilton-Young commission), Federal Railway Authority(7 members → direct reporting to viceroy)
Appeal- High court → Federal court → Privy Council
- This act led to separation of Burma from British India, effective from 1 April 1937. And Aden was separated and made a crown colony. In India provinces were adjusted(boundary adjustment + new province)
A machine with strong brakes but no engine, Charter of Slavery- Jawaharlal Nehru
- Diarchy was introduced at center in Viceroy executive Council
1. Executive counsellors(appointed by British government to look reserved subjects)
2. Ministers(from legislative Council to look transferred subjects)
The ministers were responsible to the people because of the election process unlike the executive councillors who were not responsible to the people(legislature).
Viceroy was empowered to interfere in matters of reserved list as well as transferred list.
- Bicameral system was introduced both at central and provincial level(6/11)
At central level(Federal Assembly)- House of Assembly(lower house, 375 members, 5 years tenure) and Council of States(permanent upper house, 260 members, 5 years tenure, ⅓ members retiring every 3rd year)
British territory- elected representatives, Princely states- nominated by ruler
Separate electorate for depressed class, women and labour.
- The council of Secretary of state was abolished and provision was made for a team of advisors to assist the Secretary of state for India.
- Diarchy was abolished at provinces and autonomy was provided to provinces by setting up responsible government at province level(Executive were elected ones and responsible to bicameral legislature)
- However the Governor still holds the large power including power to suspend the government.
British Government Rule India Independence Act 1947
March 1947, Mountbatten was appointed Viceroy of India to oversaw transfer of power from crown to self governance.
May 1947, Mountbatten came up with Dickie Bird Plan(Plan Balkan). As per the plan independence would be granted to individual provinces and provinces were free to choose whether to join the constituent assembly or not. This plan was rejected by major parties.
On 3 June 1947 Mountbatten introduced another plan 3 June Plan(Mountbatten Plan- only British plan to accept partition of India as India and Pakistan). As per the plan the British Indian territory would be divided into two dominion countries(Commonwealth of nations): India and Pakistan.
A new constituent assembly for Pakistan will be formed. And for questions regarding boundary- a Boundary Committee will be formed.
India independence act 1947 was based on 3 June plan and got Royal assent on 18th July 1947.
- Two dominion states- India and Pakistan were established. The act declared India as an independent and sovereign state by abolishing the office of Secretary of state and viceroy, but established the post of Governor general(1st- Mountbatten, 1st Indian- C. rajagopalachari) appointed by British King on the advice of Indian ministers(Indian cabinet).
- The British India territory was divided into two dominions by redcliff line(Border between India and Pakistan). And for North Western Frontier Province (NWFP) and Sylhet provision of referendum was made.
- Princely states were granted freedom to join either of the dominions or to remain independent.
- Governance would continue based on GoI act 1935 till the formation of new Constitution.
The India Independence act 1947 was repealed by both the dominions by their Constitution
Indian Constitution- Article 395 (India Independence act 1947+ GoI Act 1935)
Pakistani Constitution- Article 221
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Life of Satendra Prasad Sinha
Born- 1863, Bengal
Member of Indian National Congress(INC)- 1896-1919
1896- Joined INC with proposal that no king of any Princely State should be deposed without an open judicial trial
1905- Advocate General of Bengal
1909- First Indian Member of Viceroy's Executive council
1914- He(Along with Maharaja of Bikaner) became member of War Conference, England(After start of World War 1)
1 Jan 1915- Knighthood
1915, Bombay Session- INC President
1917- Assistant of Secretary of State(Edwin Samuel Montagu)
1918- First Indian member of King's Counsel
Feb 1919- First Indian member of British House of Lords. He was instrumental in passing GoI Act 1919 in House of Lords
1919- Represented India in Europe's Peace Conference(Post World War 1)
1919- left congress
1919-1920- Parliamentary Under Secretary of State for India, London
1920-1921- First Governor of Bihar and Odisha(1912-1920- Post of Lieutenant Governor for Bihar and Odisha region)
1926- Member of Judicial Committee of the Privy Council, London
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