The Constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. It is a written instrument embodying the rules of a political or social organization. It is a method in which a state or society is organized and sovereign power is distributed. A constitution is a set of fundamental principles according to which a state is constituted or governed. The Constitution specifies the basic allocation of power in a State and decides who gets to decide what the laws will be. The Constitution first defines how a Parliament will be organized and empowers the Parliament to decide the laws and policies. The Constitution sets some limitations on the Government as to what extent a Government can impose rules and policies on its citizen. These limits are fundamental in the sense that the Government may never trespass them. The Constitution enables the Government to fulfill the aspirations of a society and create conditions for a just society.
The history of constitutional
development of India can be traced back to 1773, which for the first time made
the provision for the post of Governor General in India. Since then, a number
of constitutional experiments were introduced aiming at streamlining the
British Indian administration. However, the year 1858, serves as watershed in
the Indian Administration because the British Parliament took the direct
responsibility of administering India . Thus the period of British Constitutional
experiment during the British rule can be divided in to two phases(1)
Constitutional Experiment during the rule of East India Company(1773-1857) and
Constitutional experiment under the British Crown(1858-1947) So this paper
discuss the constitutional development in India from 1773 to1947. In the
following assignment we only discuss the constitutional development in India
period between 1773 to 1919 .
CONSTITUTIONAL DEVELOPMENT DURING THE RULE OF EAST INDIA COMPANY(1773-1857)
From 1773 to 1858, British India saw significant constitutional
developments that shaped its governance. The Regulating Act of 1773 marked the
beginning of parliamentary intervention in Indian affairs, establishing the
Court of Directors to oversee the East India Company's actions. The Pitt's
India Act of 1784 further enhanced parliamentary control by creating the Board
of Control to supervise Company activities. Subsequent acts like the Charter
Acts of 1813, 1833, and 1853 gradually increased the British government's
influence over Indian administration.
A) THE REGULATING ACT OF 1773 :
The
Regulating Act of 1773 was a significant piece of legislation passed by the
British Parliament that marked a pivotal moment in the history of British rule
in India. This act was a response to the growing concerns about the
administration and governance of the East India Company's territorial
acquisitions in India. To understand the impact and significance of the
Regulating Act of 1773, it's important to delve into the context, key
provisions, and consequences of this legislation.
By the mid-18th century, the
East India Company had become a major player in Indian affairs, with
significant territorial holdings and substantial influence over local politics
and trade. However, this rapid expansion and accumulation of power raised concerns
both in Britain and among Company officials about corruption, mismanagement,
and the need for greater oversight and regulation .The Company's activities in
India were often seen as driven more by profit motives than by considerations of
good governance or the welfare of Indian subjects. Moreover, the Company's
influence had led to the establishment of a private army, which further
complicated matters as it wielded considerable military and political power. The
Regulating Act of 1773 was thus a response to these challenges, aimed at
bringing greater control and accountability to the East India Company's
operations in India.
Provisions of the Regulating Act –
1. The Regulating Act gave the right
of vote for the erection of Directors of the company to shareholders holding
stop worth £1,000 for 12 months preceding the date of erection. Formerly,
Director was elected for one-year but the Act provided that in future they were
to be elected for 4 years. However, one-fourth of them were to retire every
year. The Directors were required to submit copies of letters and advices
received from the Governor-General in Council. Copies of letters relating to
revenue were to be sent to the treasury and those relating to civil and
military affairs were to be sent to one of the secretaries of state. The Governor
General of Bengal in Council and the Governors of Bombay and Madras were
required to pay due obedience to the orders of the Directors and also kept hem
constantly informed of all the matters affecting the interests of the company.
2 . provisions were made for a
Governor-General of Bengal and his council of 4 members. They were vested with
"the whore civic and military Government of the said presidency, and also
the ordering management and Government of territorial acquisitions and revenues
in the kingdoms of ginner, Bengal and Orissa". Warren Hastings was
appointed the first Governor-General of Bengal and slavering, Monson, Philip
Francis and Bareli were appointed the members of his council. Members of the council
were to hold office for 5 years and they court not be removed except by his Majesty
on the representation of the Directors. Governor General of Bengal was required
to carry on the work according to the majority opinion of the council. He could
not over-rule majority view of ties council. However, he was given a casting
vote in the case of a tie. Governor-General was also given the Power of
superintending and controlling the presidencies of Madras and Bombay. However,
in the case of emergency and direct orders from the Directors in London, presidencies
of Madras and Bombay were not to act according to the orders of the
Governor-General of Bengal.
3. Governors-in-Council of Bombay and
Madras were required to pay due obedience to the orders of Governor -General of
Bengal. They were required to submit to the Governor-Generate in Council advice
and intelligence on transactions and matters relating to the government
revenues and interests of the company. They were required to forward all rules
and regulations framed by them to the Governor- General in council. If they
failed to carry out the orders of the Governor-General in Council or did not perform their duties properly, they
could be suspended by the Governor-General in council. They were requiring to
Fee Governor-General in Council informed of all the rules and regulations which
they might make.
4. Governor-General in council was
given the power to make rules, ordinances and regulations for the good order
and civet government of company's settlement at fort William and factories and
places subordinate to it. These rules and regulations were not to be against
the laws of England and were required to be registered with the Supreme Court.
These could be dissolved by the king-in council within two years.
5. The Regulating Act provided for a
supreme court with a Chief Justice and three poise judges. Sir Elijah Impel was
appointed the Chief Justice. The Supreme Court was given the power to try
civil, criminal, admiralty and ecclesiastical cases. It was to be a court of
Record and court of Yore and Termini and goal delivery in and for the town of Calcutta,
the factory and Fort William and other factories subordinate to it. The jurisdiction
of the Supreme Court was to extend to all the British Subjects residing in Bengal,
Bihar and Orissa. The Court was empowered to try all cases of complaints against
any of his Majesty's subjects for crimes or oppressions. The Supreme Court try suits,
complaints or actions against any person in the employment of the company or his
Majesty's subjects. Let was given both original and appellate jurisdiction.
These cases were to be tried by means of a jury.
6. The Regulating Act prohibited the
receiving of presents and bribes by the servants of the company. No person
hording or exercising any civil or military office under the crown, sail
accept, receive or take directly or indirectly any present, gift, donation,
gratuity or reward, pecuniary or otherwise .
Importance of the Act
The Act of 1773 is of great
constitutional importance, because it definitely recognized the political
function of the company, because it
asserted for the first time the right of the parliament to dictate the foam of
government what was considered tail then the people possessions of the company and because it is the first of a long series of
parliamentary statutes that altered the form of government in India. Moreover,
it was the first attempt on the part of the British Government to centralize
the administrative machinery in India, which was a step in the right direction.
Co-ordination and unification of the policies of the three presidencies were
essential for efficient administration. A central control was also necessary
for consolidating the vast territories recently acquired by the company. The
Act made an earnest attempt to purify the administration by forbidding the
acceptance of presents or engaging in private trade on the part of the servants
of the company. The Act set up a written constitution for the British possessions
in India, in place of, more or less, an arbitrary rule of the company. The Act provided
the framework for all constitutional enactments that followed. The collegiate
system was introduced to prevent the Governor-General from becoming autocratic
.
Amending Act of 1781 :
It
was admitted on all hands that there were many shortcomings in the Regulating
Act and consequently an Act was passed in 1781 to remove them. The new Act
provided that the public servants of the Company were not to be subject the jurisdiction
of the Supreme Court for things done by them in their official capacity . Revenue collectors and judicial officers of
the Company courts were also exempted from Jurisdiction of the Supreme court.
For things done by them in their official capacity . Governor –General and the
member of the council were also exempted from the jurisdiction of the Supreme
Court both individually and collectively for anything counsel , ordered or done
by them in their public capacity.
B) PITT'S INDIA ACT, 1784 :
The
East India Company Act (EIC Act 1784), also known as Pitt's India Act, was an
Act of the Parliament of Great Britain intended to address the shortcomings of
the Regulating Act of 1773 by bringing the East India Company's rule in India
under the control of the British Government. Named for British prime minister William Pitt the Younger, the act
provided for the appointment of a Board of Control, and provided for a joint
government of British India by the Company and the Crown with the government
holding the ultimate authority. A six member board of control was set up for
political activities and Court of directors for financial/commercial
activities. As the Regulating Act had many defects, it was necessary to pass
another Act to remove these defects. This was the first clear
assertion of the Crown's claim of ownership over the Indian Territory acquired
by the company .
Provision of PITT'S INDIA ACT ,1784
:
1) A Board of six commissioners was
set up, which was popularly known as the Board of control. The Board consisted
of the Chancellor of Exchequer, one of the secretaries of state and four privy
councillors to be appointed by the crown. The Board was given the power to
superintend, direct and control all civil, military and revenue affairs of the
company. Thus, the controlling authority of this Board over the Directors was
specialty laid down. The Act created a separate department of the British Government
in England whose only function was to exercise control over the Directors of
the company and the Indian administration. This system of Government introduced
by the Pitt's India Act is often described as the system of Double Government
in England. Two sets of functionaries were recognized for controlling the
Indian administration from England.
2) A committee of secrecy of not more
than three members was appointed out of the twenty-four directors. All secret orders
of the Board were to be transmitted to India through this small body. The other
members of the court of Directors could thus be ignored in important matters.
3) The number of councillors of the
Governor-General was reduced to three, including the commander in chief. This
was done to increase effectiveness of the casting vote of the Governor-General.
In a body of four, the Governor-General could have his way by getting only one
member on his side. The difficulties experienced by warren Hastings in his
council were thus sought to be approved' The councillors, henceforth, were to
be appointed from the senior servants of the company .
5) The power of the Bengal Government
to "superintend, direct and control"
the affairs of the subordinate presidencies
was made more definite and real .
6 )The governors of Bombay and Madras were
also deprived of their independence. The governor-general was given greater
powers in matters of war, revenue and diplomacy.
The Pitts India Act was thus set up,
for the first time, a regular instrument of the British parliament to control
the affairs of the East India company' By introducing the, committee of
secrecy, it made the working of the Directors more efficient' it was a step in the right direction to
deprive the proprietors of their power of interference in political matters. It
was also good to strengthen the position of-the Bengal Government i.e., the
Governor-General in council over the other two presidency' The system of Double
Government introduced by the Pitt's India Act continued right up to the year
1858, when the dual system was scrapped' the Directors and the company were
completely wound up and the entire Indian administration was legally and
formally placed under the direct charge of the crown .
C )ACT 0F 1786 :
Lord Cornwallis was appointed Governor-General
of Bengal in 1786.To take the position, he made two demands:
A) He should be given the
right to overturn his council's decision in extraordinary instances, and he
should be given the power to override his council's decision.
B)He
should be the Commander-in-Chief as
well.
And the Act of 1786 was enacted to
both the provision.
D)CHARTER ACT 1793 :
The East India Company Act 1793, also
known as the Charter Act 1793, was an Act of the Parliament of Great Britain
which renewed the charter issued to the British East India Company (EIC).The
veto which was originally given to LORD CORNWALL IS was continued for all the
governor generals. Bombay and Madras presidency were kept in supreintending
under FORT WILLIAM . The
Charter of the Company was renewed for 20 years and it was declared that it
would be allowed to continue with the possession of all territories for the
next 20 years .The Governor General's and Governors' powers to overrule their
council were emphasized and explained. This power had been given specially to
Cornwallis in1786. Governor General's control over the Presidencies was
strengthened. He was allowed /to issue
orders and directions to any Government and Presidency of India during his
absence from Bengal without previous consultation with his council. He could
exercise all executive power vested in the Central Government .A regular code
of all regulations that could be enacted for the internal Government of the British
territory in Bengal was framed. The Regulation applied to the rights .persons
and property of the Indian people and it bound the Courts to regulate their
decision by the rules and regulations contained therein. It also required that,
"all laws regulating to the rights
of the person and property should be printed with translation in Indian
languages and prefixed with statements of grounds on which they were enacted,
"so that the people should become familiar with their rights .privileges
and immunities .The Act of 1793 thus laid the foundation of government by
written laws and regulations in British India in place of the personal rule of
the past rulers. The interpretation of regulations and written laws was to be
done by the Courts. The concepts of a civil law Enacted by a secular human agency and applied
universally ,was an important change .Indians were not given positions where
they could share the influence or authority .Indians were excluded "to
satisfy the demand of English men for lucrative jobs."
E) CHARTER ACT , 1813 :
The Charter Act of 1813 is also
known as the East India Company Act 1813. The Charter Act 1813 was passed by
the British Parliament and it was a renewal of the Company’s Charter to
continue their rule in India.
Provision of charter act, 1813 :
1) The Company’s monopoly
over trade in India ended ,but the Company retained the trade with China and
the trade in tea.
2) The Company’s shareholders were
given a 10.5 percent dividend on the revenue of India.
3) The Company was to retain the
possession of territories and the revenue for 20 years more, without prejudice
to the sovereignty of the Crown. Thus, the constitutional position of the British
territories in India was defined explicitly for the first time.
4) Powers of the Board of Control
were further enlarged.
5) The regulations made by the
Councils of Madras ,Bombay and Calcutta were now required to be laid before the
British Parliament. The constitutional position of the British territories in
India was thus explicitly defined for the first time.
6) Separate accounts were to be kept
regarding commercial transactions and territorial revenues. The power of
superintendence and direction of the Board of Control was not only defined but
also enlarged considerably.
F) CHARTER ACT , 1833 :
Charter
Act of 1833 was the terminal step towards centralization
in British India. It elevated the position of Governor-General of Bengal to the
position of Governor-General of India, giving him all the powers related to the
civil and military affairs. East India company turned into a sole
administrative body .The act also intends to establish an open competition for
selection of civil servants.
Provision of charter act , 1833 :
1) The act elevated the
Governor-General of Bengal to the position of Governor-General of India, giving
him complete civil and military authority.
2)
For the first time, the
legislation established the government of India with power over the whole
British-controlled territory in India.
3)
It took away the legislative
powers of the governors of Bombay and Madras. Exclusive legislative powers were
granted to the Governor-General of India for all of British India
4)
It brought the East India Company's economic activity to a stop, and it
became solely an administrative body.
5)
The Act intended to establish a system of open competition for civil
servant selection and stated that the Indians should not be debarred from
holding any place, office and employment under the Company. However, this
provision was negated after opposition from the Court of Directors.
G) CHARTER ACT 1853 :
Charter Act of 1853 was
considered a vital constitutional landmark. Indian central legislative council was established .Legislation,
for the first time, was treated as a special function of the government,
requiring special machinery and special process. Local representation was introduced
in the Indian Central Legislative
Council. The covenanted civil service was made available to Indians as well.
Provision of Charter act , 1853 :
1) The act separated the
legislative and executive functions of the Governor General's council.
2) It established a separate Governor-General’s
legislative council which came to be known as the Indian Central Legislative
Council and provided for the addition of six new members called legislative
councillors to the council. This legislative wing of the council functioned as
a mini-Parliament, adopting the same procedures as the British Parliament .It
established an open competition system for selection and recruitment of civil
servants. The covenanted civil service was thus thrown open to the Indians
also. Accordingly, the Macaulay Committee the Committee on the Indian Civil
Service was appointed in 1854 It asked for the appointment of six new
legislative councillors to the council. In other words, it constituted a
distinct legislative body for the Governor-General, which became known as the
Indian Central Legislative Council. The council's legislative branch operated
as a mini-Parliament, using the same processes as the British Parliament. For
the first time, legislation was considered a distinct government activity,
needing specialised apparatus and procedures.
3) It established an open
competition system for selection and recruitment of civil servant. The
covenanted civil service was therefore made available to Indians as well. The Macaulay
Committee, as a result the Committee on the Indian Civil Service, was appointed
in 1854.
4) It extended the company’s rule and permitted
it to keep Indian territory in the trust of the British Crown. However, it did
not set a specific time frame unlike the previous charters. This was a strong
hint that Parliament may abolish the Company's rule at any time.
5) It was
the first time the Indian Central Legislative Council had local representation.
The local provincial governments of Madras, Bombay, Bengal, and Agra nominated
four of the six governor general's
council's members.
H) The Government Of India Act Of 1858 :
The Government
Of India Act Of 1858 was largely
confined to the improvement of the administrative machinery by which the Indian
Government was to be supervised and controlled in England. It did not alter in
any substantial way the system of government that prevailed in India.
Provision of Government of India Act , 1858 :
1) The act transferred the
powers of government, territories and revenues from the East India company to the British Crown.
2) The act changed the
designation of the Governor General of
India to that of Viceroy of India.
3) The viceroy was the direct
representative of the British crown in
India.
4) The Board of Control and
Court of Directors .got abolished and thus the system of double government came
to an end.
5) The secretary of state
came into existence who has complete authority and control over Indian
administration. He was responsible to the British parliament. A 15 member
council headed by the Secretary of state was also established to assist the
secretary of state for India.
CONSTITUTIONAL DEVELOPMENT UNDER
THE BRITISH CROWN
(1858 TO 1919) :
From 1861 to 1919, India
witnessed notable constitutional developments under British rule, shaped by
legislative reforms and the burgeoning Indian nationalist movement. The Indian
Councils Act of 1861 expanded the legislative councils and introduced non-official
members, albeit with limited powers. Subsequent acts in 1892 and 1909 granted
further representation and legislative authority to Indian members, including
separate electorates for Muslims under the Morley-Minto Reforms. Meanwhile, the
Indian National Congress, founded in 1885, emerged as a prominent voice for
Indian interests, advocating for constitutional reforms and self-governance.
The period saw the rise of leaders like Dadabhai Naoroji, Gopal Krishna
Gokhale, and Bal Gangadhar Tilak, who played pivotal roles in shaping
nationalist discourse and mobilizing public opinion. In response to growing
nationalist pressure and the need for administrative reforms after the war, the
Government of India Act of 1919, also known as the Montagu-Chelmsford Reforms,
introduced limited self-government at the provincial level through the
principle of dyarchy. However, the reforms fell short of nationalist
aspirations for full responsible government and dominion status, leading to
continued agitation and demands for greater autonomy. These developments laid
the groundwork for India's eventual struggle for independence.
A) Indian Council Acts of 1861 :
The Indian Council Act of 1861 is an important
landmark in the constitutional history
of India . Under this Act Indian were nominated for the first time as members
of the Executive Council, while meeting for legislative purposes. This is
sometimes described as the Policy of Association i.e. associating Indians with
the administration. It is also called the policy of benevolent despotism .Despotism , because the Government remained
irresponsible as before. Benevolent , because Indians were allowed to be associated
with the administration of their country.
Provisions of the Indian council Act , 1861 :
1) As regards the Central Government,
a fifth member was added to Executive Council of the Viceroy. He was to be a
gentlemen legal profession, a jurist rather than a technical lawyer .
2) The Act empowered the
Governor-General to dlelegate special business to individual members of the
Executive Council and hlncefonlyard the various members of the council had
their own portfolios and dealt bn their own initiative with all but the most
important matters. The most important matters were placed before the Governor General,
and if any difference of opinion appeared, were considered by the whole
Council. The decentralization of business undoubtedly made for efficiency .
3)The Governor-General was authorized
to nominate a president who was to preside over the meeting of the Executive
Council in the absence.
4) The Governor-General was given the
power of making rules and regulations for the conduct of the business of the
executive council.
5)The Executive council was to be
strengthened by the addition of not less than 6.and not more than 12, members
nominated by the Governor-General for the purpose of legislation.
6) Not less than half of the
additional members were to be non-officials. They were to hold office for two
years.
7) The function of the Council was
strictly limited to legislation and the Act expressly forbade the transaction
of any other business. It was empowered “to make laws and regulations for all
persons whether British or native foreigners or others, and for all places and
things whatever within the said territories, for all servants of the Government
of India within the dominions of princes and states in alliance with Her
Majesty"
8. The Governments of Bombay and
Madras were given the power self nominating the Advocate-General and not less
than 4 and not more than 8 additional members of the Executive Councillor
purposes of legislation. These additional members were to hold office for two
years. The business of the Council was to be strictly legislative. The consent
of the Governor and the Governor-General was mad necessary for all legislation
passed or amended by the Governments of Madras and Bombay.
9. No distinction was made between
the central and provincial subject. But measures concerning public debt,
finances, currency, post-office, telegraph, religion, patents and copyrights
were to be ordinarily considered by the Central Government.
10. The Governor-General was given
the power to create new provinces for legislative purposes and to appoint
Lieutenant - Governors for them. He was all authorized to divide or alter the limits
of any presidency, province or territory.
B) INDIAN COUNCIL ACT , 1892 :
The Indian council Act of 1892 was an advance
on the Act 1861. The. Act of 1892 widened the function of the legislature. It
provided the Indians an opportunity to share counsels at the highest levels and
thus laid down the foundations of the representative government ' In short, the Act was an important milestone
on the road that led to the establishment of parliamentary government at a
later stage.
PROVISIONS OF THE ACT :
1) The Executive council of the
Governor-General was expanded further for purpose of legislation with
additional members, whose , number was
not to be less than ten ,or more than sixteen. In Bombay and Madras, these
additional members were to be between eight d;nty. For tiengat the msximum number was
also fixed as twenty. For North western province, and Awadh , the maximum number was fixed as
fifteen .
2) The Governor-General was
authorized to make rules, (subject to the previous approval of the secatrary of
State-in-council), for the nomination of these additional members. The rules,
which were actually made by the Governor-General under these provisions,
introduced a system of indirect edition for the-non-official members.
Nominations were to be made on the recommendations of bodies like the provincial
councils, District Boards, chambers of commerce' university senates etc. These
recommendations were invariably accepted by the Governor- General. When the Act
of 1892 was under consideration, tow divergent views were expressed in the
British Parliament. Firstly, there was a set of members in the parliament, who
were stoutly opposed to the principle of election. On the other hand; there
were members, who believed that unless the principle of election was
introduced, any further reforms of the councils would be meaningless. As a
result of these differences, a compromise formula was evolved, which introduced
the indirect system of election, noted above. The clause in the Act, which entitled
the Governor- General to "make regulations as to the candidature ",
which such nominations shall be made" and enabled indirect election to be
introduced, is often known as the Kimberley clause.
Thirdly, the functions of these
Councils were considerably enlarged. Under the Act of 1861' let had been
specifically stated that the functions of these Councils were purely
legislative. Under the Act of 1892 some of the functions given to the councils
were meant to influence the Executive. These were in the nature of executive
functions' the right of putting questions to the Executive Councillors and the
right of discussing the Budget were conceded for the first time. Six days
previous notice was made necessary for every question. The president was given
the power to disatlow any question without assigning any reason whatsoever for
such disallowance.
Fourthly, officiates majorities were
maintained in the supreme as well as in the provincial councils. "In the
supreme council (out of sixteen additional members) ten nonofficial members
were admitted, besides the six official members. Four of these nonofficial
seats were allotted to recommendations by the non-officials members of the four
provincial councils and one to the Calcutta chamber of commerce. Abandoning as hopeless
the idea of securing the representatives of vast residuary areas and population
of the country by any quasi-elective machinery the Governor- General fell back
for the filling of the five remaining non-official seats upon the process of
nomination". "The elective element in the provincial councils, for
about fifteen years consisted of at the utmost eight members”.
C) MORLEY-MINTO REFORMS, INDIAN COUNCIL ACT 1909
The Indian council Act 1909
was an event of great constitutional significance. It not only marked an
advance over the Indian council Act of 1892 in several respects but also made a
bid to associate the Indians with the work of legislation as well as day to day
administration.
The Morley-Minot Reforms of 1909
represent the next constitutional advance after the council Act of 1892. Morley
, the secretary of state and Lord Minot, the governor - General of India.
Provisions of the Act
1 ) The act of 1909 enlarged the size
o the Legislative Council. The additional members of the Governor-General’s
were increased up to a maximum of 60, those of Madras, Bengal, U.P. Bombay, Bihar and Orissa
to a maximum of S0 and those of the Punjab, Burma and Assam to 30.
2 ) Lord Elliot insisted on retaining
a substantial official majority in the imperial Legislative council and
consequently it was provided that the imperial Legislative council shall
consist of 37 officials and 32 non-officials. Out of 37 officials, 28 were
nominated by the Governor-General and the rest were to be ex-officio. The
ex-officio members were to be the Governor-Generate, 7 ordinary members of the
council, and one extraordinary member. Out of the 32 non-official members, 5
were to be nominated by the Governor-General and the rest were to be elected.
3 ) The Act did not provide for any
official majority on the provincial legislative
councils. The majority of the members
were to be non-officials. However, this does not mean that there were to be
non-official elected majorities in the provincial councils. Some of the
non-officials were to be nominated by the Governor end the Government could
always depend upon the unflinching loyalty of the nominated elected members.
The Government could manage to have a working majority in the provincial legislative
councils with the help of the officials and the nominated non-officials.
4. According to the Government of India,
territorial representation was not suites to the people of India. Representation
by classes and interests is the only practicable method of embodying the
elective principle in the constitution of the Indian legislative council".
The Act provided for separate or special electorates for the due representation
of the different communities, classes and interest. The remaining seats were
allotted to the municipalities and district boards, which were called
"general electorates”.
5. The functions of the legislative
councils increased. Elaborate rules were
made for the discussion of the budget in the imperial legislative council.
Every member was given the right to move any resolution relating to any
alteration in taxation, any new loan or any additional gain to local Governments
proposed or mentioned in the financial statement of explanatory memorandum. The
council was not permitted to discus expenditure on interest on debt,
ecclesiastical expenditure and Railways etc. It is to be noted that the
financial statement was first referred to a committee of the council with the
finance members as its chairman. Half of its members were to be nominated by
the head of the Government and the other half were elected by the non- official
members of the council.
6. The members were given the right
of asking questions and supplementary questions for the purpose of further
elucidating any point. But the member-in- charge of department might refuse to
answer the supplementary question off- hand. He may demand some time for the
same.
7 The members were given the power to
move resolutions in the councils. These resolutions were to be in the form of a
definite recommendation to the Government. They must be clearly and precisely
expressed and must raise definite issues. The resolutions were not to contain
arguments, inferences, ironical expressions etc. The president may disallow any
resolution or part of a resolution without giving any reason for the same.
8. Rules were also framed under the
Act for the discussion of matters of general public interest in the legislative
councils. No discussion was permitted on any subject not within legislative
competence of the particular legislature, any matter affecting the relations of
the Government of India with a foreign power or a native state, and any matter
under adjudication by a court of law.
9. The act raised the number of
members of the Executive Councils in Bombay, Bengal and Madras to 4 also empowered the Government to constitute an
Executive Council for a Lieutenant Governor's province also.
10. In the provinces, the University
Senates, landlords, District Boards and Municipalities and Chamber of Commerce
were to elect members. Muslims were given separate representation. Muslim
members of the legislatures were elected by the Muslims themselves.
D) GOVERNMENT OF INDIA ACT , 1919 :
In 1918, Edwin Montague, the Secretary of
State, and Lord Chelmsford, the viceroy, produced the series of constitutional
reforms, which led to the enactment of the government of India Act of 1919. The
Reforms of 1919 will remain famous in British Indian History for making a beginning
in responsible' government, for associating princes with the administration of India
especially in matters affecting the states, and for introducing the dyarchical
form of government.
PROVISION OF GOVERNMENT OF INDIA ACT
,1919 :
CHANGES IN THE CENTRAL GOVERNMENT :
The Chief Executive Authority
remained vested in the Governor-General who remained responsible to the British
parliament through the Secretary of State and not to the lndian legislature.
The constitution of Governor-General's Executive Council was slightly modified
while substantial changes were made in the composition of the Indian
legislature. But it was made clear that the aim was not to increase its powers
but merely to make it more representative and increase opportunities of
influencing the government.
To implement the policy of
increasing association of Indians in every branch of administration, it was
provided that, of the six members of the Executive Council of the
Governor-General, three would be Indians. It should however be noted that these
members were given portfolios of lesser significance like Law, Education,
Labour, Health or industry. They were accountable to the Governor-General and
through him . to the Secretary of State and not to the Legislature.
The Act provided for a bi-cameral
legislature at the centre. The two Houses were the Council of State and the
Legislative Assembly. The Council of State was to consist of 60 members of whom
at least 33 were elected members. Not more than 20 nominated members could be
officials. The Legislative Assembly was to consist of 145 members of whom 104
were to be elected members. Of these 52 were
to be returned by general constituencies, 30 by Muslims,2 by Sikhs, 7 by
landholders, 9 by Europeans and 4 by the Indian commercial community. The
communal electorates were extended to include the Sikhs also. lt should be
noted that these seats were distributed amongst the provinces not on the basis
of their population but their so- called importance. The life of the Assembly
was to be three years. gut it could be extended by the Governor-General.
The powers and functions of this
legislature continued more or less as before. The only significant change was
that it became necessary to obtain the previous sanction of the
Governor-General before introducing any bill relating to matters enumerated in
the provincial list. The power of the Governor-General was extended. In
addition to the power to veto any bill, the governor-General was given the
power of certification also, i.e. he could secure the enactment of bill whose
passage in the form considered to be necessary was refused by the legislature.
He could do so by certifying that the bill was essential for the safety, tranquillity
or interests of British India or any part thereof. The scope of interrogative
functions was enlarged by extending the right to put supplementary questions to
all the members.
Under the Montfort Scheme partial
responsible government was introduced in the provinces. Because of this,
demarcation between the spheres of central and provincial governments became
necessary. Hence two lists were drawn up. This division was created on the principle that
matters concerning the whole of India or more than one province should be
placed in the Central List while those concerning the provinces should be
placed in the provincial list. The central subjects included foreign and
political relations, the public debt, tariff and customs, patents, currency,
communications etc. the subjects in the Provincial List were
local-self-government, health, sanitation, education, public works,
agriculture, forests, law and order, etc. the residual powers were vested in
the Governor-General in Council.
CHANGES IN THE PROVINCIAL GOVERNMENT :
Under the Government of India Act
1919 responsibility for certain functions of the Government in the provinces
was transferred while control over others was reserved in British hands. Under
this division the subjects were divided into two halves called 'Reserved' and
'Transferred'. Accordingly the provincial government was also to consist of
haves. The Governor and the members of this Executive Council were to
administer the reserved subjects. The transferred subjects were to be
administered by the Governor acting with ministers. This novel distribution of
executive powers in the provinces came to be known as 'diarchy'. Each side of
the Government was clearly differentiate from the other in its composition and
its constitutional relations with the Governor and the Legislative Council.
Broadly speaking four heads i.e.
local self-government, health, education and some departments relating to
agriculture were included amongst transferred subjects. All other subjects were
reserved subjects- These included police, justice, control over printing presses,
irrigations, land returnee, factories etc.
The Governor and the members of the
Executive Council were appointed by the British Government and were jointly
responsible to the Governor-General and the Secretary of State for India. The
number of Executives Councillors was not to exceed four. The Minister who were
entrusted with the Transferred subjects were appointed by the Governor. He
generally chose ministers from amongst the leading elected members of the
legislature. ln practice, there were two or three ministers in each province. According
to the letter of the law, the ministers held office during the pleasure of the
Governor. But, in practice, they were allowed to continue as long as they
retained the confidence of the legislature. The basis of relations between the
provincial governors and ministers was
laid down !n the instrument of instructions which was issued to governor which
stated'. 'ln considering a minister's advice and deciding whether or not there
is sufficient cause to dissent from his opinion, you shall have due regard to his
relations with the legislative council and to the wishes of the people of the
province as expressed by their representatives there in'.
This instrument of instructions also defined special responsibilities of
the Governor, which gave him wide powers to override the decisions of his
ministers. The idea that the ministers should be jointly responsible for their
actions was discussed at that time. But finally the observance of this principle
was not made binding.
The Government of India Act was
applied originally to eight provinces - Madras, Bombay, Bengal, United
provinces, Punjab, Bihar and Orissa, Central provinces and Assam. ln 1923 its
provisions were extended to Burma and sometime later to North Western Frontier
province. ln each of these provinces a unicameral legislature, called the
Legislative Council, was created. lt was to consist of the Governor's Executive
Council, elected members and nominated members. lt was further provided that at
least 70 percentage of the members of a Council should be elected members and
not more than 20 per cent could be the official members. The size of these
legislative bodies was considerably increase. It varied from province to province.
The maximum number was 140 for Bengal and minimum was 53 for Assam.
The elected members were to be
elected by direct action, i.e. the primary voters elected the member. Franchise
was based primarily on property qualifications. ln 1 920 out of a total
population of 2417 millions, only 5.3 millions got the right to vote which
amounts to less than five percent. Women were not given the right to vote or to
stand in elections. ln Britain women got the right of vote only in 1918.
After examining the question of separate electorates the authars of the Montague-Chelmsford Report concluded that they were "a very serious hindrance to the development of self governing principle". They also described these as contrary to the teachings of history and added that these perpetuated class divisions and stereotyped existing relations. They extended these to the Sikhs in Punjab. Later the demands of the justice party for reservation of seats for non-Brahmans was accepted. Separate electorates were also provided for lndian Christians, Anglo-lndians and Europeans.
CONCLUSION :
From 1773 to 1919, India underwent significant
administrative changes under British rule, reflecting shifts in colonial
policies, economic interests, and responses to local resistance. The British
East India Company initially governed India through its commercial interests,
but the Regulating Act of 1773 marked the beginning of parliamentary oversight,
establishing a Governor-General and Supreme Council in Calcutta to oversee
Company affairs. The Charter Acts of 1813, 1833, and 1853 expanded British
control and initiated reforms, including allowing Christian missionaries in
India, codifying Indian laws, and separating legislative and executive
functions. The Indian Rebellion of 1857 led to the British Crown assuming
direct control from the Company, with Queen Victoria proclaimed Empress of
India . The Indian Councils Acts of 1861 and 1892 expanded legislative
councils, albeit with limited Indian representation. These acts aimed to
incorporate Indians into governance while maintaining British supremacy. The
Morley-Minto Reforms of 1909 introduced separate electorates for Muslims,
increasing communal tensions but also marking a step towards representative
government. However, the reforms fell short of Indian nationalist aspirations,
leading to the rise of the Indian National Congress and other political
movements advocating for greater autonomy. The Government of India Act 1919,
also known as the Montagu-Chelmsford Reforms, attempted to address Indian
demands for self-government. It introduced provincial autonomy, expanded
legislative councils, and allowed for limited Indian participation in the
central government.
Despite these reforms, Indians
remained dissatisfied with the limited scope of self-government and the
continued dominance of British officials. The period from 1773 to 1919
witnessed a complex interplay of colonial control, Indian resistance, and
attempts at reform, shaping the trajectory of India's struggle for
independence.
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