General Knowledge

Development of Indian Constitution During British Era



Advertisement

Indian Councils Act 1909 - An unfortunate turn in Indian Political history

Lord Minto served as Viceroy of India since from 1905 to 1910. He succeeded Lord Curzon in 1905. Sir Henry Campbell-Bannerman who is first man to be given official use of the title 'Prime Minister' became Prime Minister in 1905. When he formed his cabinet he appointed John Morley as Secretary of State for India.

This was the time of unrest in India. Both the Viceroy and the Secretary of State for India decided to work out some scheme to reform the Legislative councils. This culminated as Indian Councils act 1909 or Minto-Morley reforms. The idea was to give locals some more power in the legislative affairs. The act was passed in 1911. A provision was made for the expansion of legislative councils at the both the levels viz. central as well as provincial.

  • Minto Morley Reforms was an unfortunate turn in our history.

    It introduced separate and discriminatory electorate. This was for the first time that, electorate for returning to the representatives to the councils was decided on the basis of class & community. For the provincial councils a provision of three categories was made viz. general, special and chambers of commerce. For the central council, one more category Muslims was added. This was for the first time that, the seats in the legislative bodies were reserved on the basis of religion for Muslims. This is called Communal representation.

    The Minto Morley reforms are known to envisage a separate electorate for Muslims and this had a long lasting impact on India's polity.

    This was for the first time that Muslim community was recognized as a completely separate section of the Indian nation and this triggered "A Cancer" in India called "Hindu-Muslim Disharmony" which later culminated in India and Pakistan.

    Separate constituencies were marked for the Muslims and only Muslim community members were given the right to elect their representatives.

    The number of members of the legislative councils at the center was increased from 16-60.

    the number of the members of the provincial legislatures was also increased and it was fixed 50 for Bengal, madras and Bombay and 30 for rest of the provinces.

    Some other features:

  1. The act empowered the members to discuss the budget and move resolutions before it was approved finally
  2. The members were given rights to ask supplementary questions and move resolutions to on matters related to loans to the local bodies.
  3. The members given right to discuss matters of the public interest but please note that the House was not binding on the government.

    In The Lahore Session of Indian National Congress, 1909, strong disapproval was expressed against the separate electorate formed on the basis of religion.

Government of India Act 1919 – Mont-Ford Reforms

Government of India act is known as a consequence of Montague Chelmsford Reforms.

On 17 July 1917 Edwin Samuel Montagu was made secretary of state for Government of India. Lord Chelmsford became Viceroy of India on 4 April 1916. This was the era of World War I and our country witnessed a rapid growth of revolutionaries.

During the First World War, Gandhi Ji had requested the country to help the allies in war. Indian public was expecting that they would also get democratic reforms.

Samuel Montagu is known to have put a statement in the British Cabinet which asked for "gradual development of free institutions in India with a view to ultimate self-government" however, later the words "ultimate self government" were removed from his statement and He declared what is now known as Montagu Declaration.

The Montagu declaration reads as:

"Increasing association of Indians in every branch of the administration and the gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire".

The key phrase "ultimate self-government" was removed but, still the another key phrase "responsible government" in this statement gave the inference for the first time that rulers are answerable to the public.

  • The declaration made the moderates happy and they said "It is Magna Carta of India". However extremists expressed that it fell short for legitimate expectations of India. After all, total independence was what they wanted.
  • The date was 20 August 1917 and it is also known as "August Declaration"

    The Government of India act 1919 was passed on the basis of recommendations of Lord Chelmsford and Samuel Montagu to introduce self-governing institutions gradually to India. This act covered 10 years from 1919 to 1929.

    Salient Features:

  • The Government of India act 1919 had a separate Preamble. This Preamble declared that Objective of the British Government is the gradual introduction of responsible government in India.

    The beginning was made.

  • The beginning was introduction of Diarchy. Preamble suggested for a decentralized unitary form of government.

    Diarchy means a dual set of governments one is accountable another is not accountable.

    The Government of India Act of 1919, made a provision for classification of the central and provincial subjects.

    The provincial subjects were divided into two groups: One was reserved and another was transferred. The reserved subjects were kept with the Governor and transferred subjects were kept with the Indian Ministers. This division of subjects was basically what they meant by introducing the Diarchy.

    • The reserved subjects were the essential areas of law enforcement such as justice, police, revenue. The transferred subjects were such as public health, public works, education etc.
  • The Indian executive comprised of the Governor General and his council.
  • No bill of the legislature could be deemed to have been passed unless assented to by the governor general. The later could however enact a Bill without the assent of the legislature.
  • This act made the central legislature bicameral. The first house which was central legislature, with 145 members (out of which 104 elected and 41 nominated) was called central Legislative Assembly and second called with 60 members (out of which 33 elected and 27 nominated) was called Council of States. The term of the assembly was fixed 3 years and council 5 years.
  • The central legislature can be called a primitive model of today's Lok Sabha & council of states can be called a primitive model of Today's Rajya Sabha.
  • The act provided for the establishment of a Public Service Commission in India for the first time.
  • This act also made a provision in its part V, that a statutory commission would be set up at the end of 10 years after the act was passed which shall inquire into the working into the system of the government.
  • The Simon commission of 1927 was an outcome of this provision.

    The communal representation was extended and Sikhs, Europeans and Anglo Indians were included. The Franchise (Right of voting) was granted to the limited number of only those who paid certain minimum "Tax" to the government.

  • The tenure of the central legislature was 3 years
  • The seats were distributed among the provinces not upon the basis of the population but upon the basis of their importance in the eyes of the government, on the basis of communities, and property was one of the main basis to determine a franchisee. Those people who had a property, taxable income & paid land revenue of Rs. 3000 were entitled to vote.
  • The central legislature was empowered to consider, pass or reject legislation on any of the subjects enumerated in the Central list. But, the Governor-General had the last word on any Bill passed by the Legislature.
  • He possessed the power to prevent the consideration of a Bill or any of its part, on the plea that it was injurious to the peace and tranquility of the country. He could disallow a question in the legislature. He had the power to withhold his assent to any Bill passed by the legislature without which it could not become an Act. He also had the power to disallow an adjournment motion or debate on any matter. He could enact a law, which he considered essential for the safety and tranquility of the empire even if the legislature had refused to pass it.
  • The financial powers of the central legislature were also very much limited. The budget was to be divided into two categories, votable and non-votable. The votable items covered only one third of the total expenditure. Even in this sphere the Governor-General was empowered to restore any grant refused or reduced by the legislature, if in his opinion the demand was essential for the discharge of his responsibilities.
1...7891011

© 2009-2013 - www.gktoday.in