Constitutional Development b/w 1858 - 1935

2020-04-26 19:40 : 35

Government of India Act of 1858

aka Act for the Good Government of India abolished Company rule.
IN governed by, and in the name of, Her Majesty.
Changed designation of GGI to Viceroy. Answerable only to Secy
Ended double system of gov by abolishing Board of Control and Court of Directors
Created new office of Secy of State for India had complete authority over Indian administration. Subordinate to cabinet, director of policy
15 -member Council of India to assist the secretary who was the chairman.
This council was corporate capable of suing and being sued.
was confined to improve of administrative machinery it did little to change system of gov in India.
Was more of a continuity in civil service same rules as 1853
Per Metcalfe new attitude of caution and conservatism
Assertion of racial superiority

Anand Yang : limited raj regime depended on local power elites viz zamindars for admn of interiors

Bernard Cohn - B became insiders by vesting their monarch sovereignty of IN

Indian Councils Act 1861

==Transformed the executive council to function as cabinet run on portfolio system.==
==Portfolios were Home, revenue, Military, Law, Finance and Public Works (1874).==
added a 5th mem (Finance) to the Executive Council.
$ Enlarged Legislative council from 6 to 12 mem, half of these to be non-official mem nominated by Viceroy for 2 yrs.
authorized to nominate president to preside over meeting of exec council in his absence.
Viceroy to have power to make rules and regulation of conduct of business.
Could promulgate ordinance, w/o concurrence of legislative council during emergencies
Bills required V’s assent.
communicate all laws to Secy of state.
decentralised the Legislative powers of GGs council and vested them in the Govts of Bombay and Madras.
The Indian councils act of 1861 had enhanced the no of leg councils members from 6 to 12 and half of them were to be non-officials (both British and Indian). It was called the Imperial Legislative Council.
Most of the nominated Indian mem were high class Zamindars, Rajas, Merchants etc who were self centered in their motives and did very little for the people.
They often supported bills and acts that were pro govt and against the interest of the people.
The early nationalists wanted more participation and power within the council.

Indian Factory Act of 1881

For factories employing 100 or more workers.
Employment of Children below the age of 7 prohibited.
Workings hours restricted to 9hrs per day for children below 12 yrs
Children to get 4 holidays a month
hazardous machinery to be properly fenced off.

Factories Act 1891

Min age required inc to 9 yrs, Max age 14 yrs.
Working hours for children restricted to 7 hours.
4 monthly holidays for children.
11 working hours for women with 1.5 hours of break.
weekly holiday for all.

Ripon’s Resolution of 1882 Aka Local Self Government Resolution of 1882

Dev of local bodies not for efficiency of administartion but as an instrument of political and popular education.
Administer local affairs through urban and rural local bodies.
Non official majority in these bodies.
Non officials as chairpersons to be elected by local bodies themselves.
Minimal official interference.
Sub-division or taluka or tehsil were to be smallest adm unit under a Local Board.
Municipal Committee and City bodies in towns.

Features of the Act of 1892

Increased the number of ==non-official members of Central and Provincial legislative councils from 6 to 10 and 10 to 16 respect==
increased the functions of legislative councils and gave them the power of discussing the budget and addressing question to the Executive . But not to vote on the budget.
nomination of some non-official members of the Central Legislative Council by the Viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce, and that of the Provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars and chambers.
The act made ==limited and indirect provision for use of election in filling up some non-official posts==. #important
In 1892 the no of mem of ILC was increased from 6 to 10 and for PLC from 10 to 16. They were to be elected indirectly from municipal committees, district comm. etc
members could discuss budget but could not vote on it.
The council was a mere platform for the nationalist leaders to vent off steam but they used it to enhance their political stature.

Features of the Act of 1909 Aka Morley-Minto Reforms

increased the size of the legislative councils , both Central from 16 to 60 and for provincial number was not fixed.
==retained official majority in the Central Legislative Council but Provinces to have non-official majority.==
Enlarged deliberative functions of the legislative councils eg to ask supplementary questions, move resolutions on the budget etc.
provided (for the first time) for the ==association of Indians with the Executive Councils of the Viceroy and Governors==. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council as a law member.
Introduced a system of communal representation for Muslims thus it leaglised communalism Lord Minto was called the Father of Communal Electorate
Separate representation of presidency corporations, chambers of commerce, universities and zamindars .
==Direct election was introduced in the country==

Government of India Act of 1919 aka Montague Chelmsford or Montford Reforms.

declared for the 1st time objective of British gov was the gradual introduction of responsible government in India aka Montagu-Chelmsford Reforms.
The precursor to this act was August Declaration of 1917 that defined the aim and policies of British Empire in India aka Montagu’s Statement. He made the following promises :
- increasing involvement of Indians in every branch of administration.
- gradual dev of self governing institution considering the progressive realisation of responsible govt in India.
- Advancement towards self govt was to be guided by GOI and by responsible Indian leaders
- Focused on limited self govt at first.
- Extremists objected that no time frame was given for the self govt while Moderates welcomed the step.

Features of GOI Act of 1919/ Montague-Chelmsford Reforms.

It demarcated and separated the central and provincial subjects but structure of gov continued to be centralised.
divided the provincial subjects into two parts--- transferred and reserved.
Transferred subjects were to be administered by the Governor with the aid of ministers responsible to the legislative Council. Reserved subjects, on the other hand, were to be administered by the Governor and his Executive council without being responsible to the legislative Council. This dual scheme was called di-arche/dyarchy was largely unsuccessful.
ILC was replaced by Upper House / Council of State and Lower House / Legislative Assembly majority of the mem were chosen by election .
3 of the 6 members of the Viceroy’s executive Council (other than the commander-in-chief) were to be Indian
separate electorates for Sikhs , Indian Christians ,Anglo-Indians and Europeans
Bicameralism was introduced in the Central legislature
franchise only to a limited number of people on the basis of property, tax or education
new office of the High Commissioner for India in London transferred some of Secy’s function
establishment of a Public service commission in 1926.
Separated provincial and Central Budgets.
Statutory commission to report on its working after 10yrs.
Provided voting right to the Indian women for the 1st time and David Lloyd the PM of Britain played an instrumental part.

Government of India Act of 1935.

Establishment of an All-India Federation consisting of provinces and princely states as units.
Divided powers in 3 lists Federal, Provincial and Concurrent. Residuary powers was given to the Viceroy . Federation never came into being as princely states did not join.
Abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place.
Introduced responsible sys of government i.e Governor was required to act with advice of ministers came into effect in 1937 was discontinued in 1939.
Provided for dyarchy at the Centre the Federal subjects were divided into reserved and transferred this provision never came into operation.
Introduced ==bicameralism in 6 out of 11 provinces== of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces.
separate electorates for scheduled castes, women and labour (workers)
abolished the Council of India. The secretary of state for India was provided with a team of advisors.
Extended the Franchise. About 10 per cent of the total population got the voting right
establishment of a Reserve Bank of India
establishment of not only a Federal Public Service Commission but also a Provincial and Joint Public Service Commission.
Federal Court was to be set up in 1937
Princes did not join coz act did not resolve paramountcy issue, fear to join democratic insti, not want to surrender fiscal autonomy

Indian Independence Act of 1947

Clement Atlee declared that the British rule would end by June 30,1948 it made clear that Constitution framed by the Constituent Assembly(1946) of India would not be applicable to those parts not willing to accept it. Lord Mountbatten put forward the Partition plan on June 3, 1947 .

Commissions and Committees

Lee Commission went into the Raj’s failure to recruit enough British officers;
Mudiman Commission looked into the deadlock within the diarchic dispensation;
Linlithgow Commission inquired into the crisis of Indian agriculture
Sandhurst committee 1926 was formed to Indianization of Indian army.

Hunter Committee

also known as the Disorders Inquiry committee was formed to investigate the Jallianwala Bagh Massacre.
Indians mem Sir Chimanlal Harilal Setalvad, Pandit Jagat Narayan and Sardar Sahibzada Sultan Ahmad Khan.
did not impose any penal action on Dyer because of the Indemnity Act for the protection of its officers was passed.

Aitchison Committee

Set up by Dufferin was for reforms in Public Services. Recommended
dropping terms covenanted and uncovenanted.
Raise age to 23
classification into Imperial, Provincial and Subordinate civil services.

What Were the Restrictions Imposed by the Vernacular Press Act 1878?

Unpopular policies of Lytton was leading to discontent that was openly criticised
Printer Publisher could be called to enter a bond w/ the gov to not to publish anything that can cause disaffection against gov or antipathy b/w diff races, castes, religion.
Deposit security that could be forfeited equipment seized.
Magistrates action was final and no appeal could be made in court.
Exemption from operation by submitting proofs to gov.
worst feature was the discrimination b/w disloyal native press and loyal Anglo Indian press.
It was nicknamed the Gagging Act.

Act of 1935 was passed to provincialize the congress and weaken it from having a central control.

In 1859 the British passed a Limitation Law that stated that the loan bonds signed between moneylenders and ryots would have validity for only three years - to check accumulation of interest overtime

Royal Commission on Decentralisation 1908

Pointed out the lack of financial resources as being a significant stumbling block in the effective functioning of local bodies. Recommendations
Village Panchayat be given powers like jurisdiction in petty civil and criminal cases
Adequate sources of income and interference by District Officers be cut down
Estd sub district board in every Taluka or Tehsil that should be completely under control of District Board for whole district.
Primary education to be taken by Municipalities.

Lord Lytton 1876-80

Suceeded Lord Northbrook Nominee of conservative govt of Benjamin Disraeli.
Free Trade
- became passion because it suited interests of England. They wanted to prevent Bombay textiles to become competitive and the removal of import duties of cotton goods to India. This Lancashire group commanded large voting group.
- Lytton abolished it amidst poor prevailing financial condition.
Financial Reforms
- Provinces given control of expenditure upon all ordinary provincial services
- Any surplus above estimated income to be shared equally with Centre
- Steps to equalise rates of salt duties through Indian princes surredering their rights of manufacturing salt.
Famine 1876-78 in Madras, Bombay, Mysore, Hyderabad, Central India, Panjab. Stratchey commission appointed.
Royal Titles Act 1876 gave title of Queen Victoria as Kaiser-i-Hind. Delhi Darbar held druing the famine.
[[#What were the restrictions imposed by the Vernacular Press Act 1878 |Vernacular Press Act]]
Arms Act 1878 : Criminal offence to keep, bear or traffic arms w/o license. Anglo Indians and certain gov officials were exempted from this.
He created Statutory CIvil Services in 1879 to employ IN of good family and social standing on recom of provincial gov. This was to be < 1/6th of total appts made to Covenanted ones. Was abolished 8 years later.

Foreign Relations Under Lytton

Second Anglo-Afghan War ( 1870-80 ).

Sher Ali wanted to have good relation with both British and Russia. Lytton was displeased invaded Kabul.

Treaty of Gandamak (May 1879) was signed with Yakub Khan the eldest son.

Amir conduct his foreign policy with the advice of Government of India.

Permanent British resident be stationed at Kabul

Government of India will give Amir all support against foreign aggression, and an annual subsidy.

Lytton gave the idea for formation of a separate North West Frontier Province directly under Central Gov, an Indian Privy Council of Princes, proposed putting India on the Gold standard.

Lord Ripon 1880-84

Liberal, true Democrat favored democracy, honest man with broad outlook. He formulated policy of local self govt.
Repealed Vernacular Press Act in 1882.
First [[#Indian Factory Act of 1881]]
Financial Decentralisation 1882 : Financial sources of rev was divided into 3 classes
1. Imperial Heads : from Customs, Posts, Telegraphs, Railways, Opium, Salt, Mint etc went wholly to Central Gov
2. Provincial heads : Income from local nature like Medical Services, Printing, Roads, etc would go the Provinces.
3. Divided Heads : Income from Excise, Stamps, Forest, Registrations etc be divided into equal proportion.
[[#Ripon’s Resolution of 1882 aka Local Self Government Resolution of 1882]]
[[5.1 State of Indigenous education, its dislocation#Hunters Education Commission 1882 83 |Hunter Committee on Primary Education]]

Ilbert Bill Controversy 1883-1884 :

Aimed to remove judicial disqualification based on race distinction

Before 1857 there was the Dual system Mohammadan law in rural acreas under Authority of Mughal Emperor and English Law in Presidencies. Except in Presidency towns Indian Judges could not try Europeans in criminal cases but in Civil Cases where Europeans were a part they could do so.

The Dual system was abolished in 1861 in favour of the Indian Penal Code but the racial discrimnation remained.

Ilbert Bill wanted to give equal power to IN and European judges. It allowed senion judges of sessions court to try European subjects.

English planters were the most oppressive of the lot ill treating and beating their servants to death. Were often let go w/o with very light punishment.

Demonstrations were carried out by Europeans who seeked to recall the Viceroy, Conspiracy to kidnay the Viceroy was also hatched by them.

The provision was recalled and a compromise reached. According the compromise the British subject could claim a jury half of which were to be Europeans.

Mysore was returned to Maharaja since it was annexed on the charge of misgovernment which was grossly exaggerated.
Gladstone sanctioned to finance occupation of Egypt partly from the Indian exchequer. This was protested by him and he resigned.

George Nathaniel Curzon 1899-1905

Suceeded Elgin II

Administrative Reforms

were aimed at efficiency, officialisation and centralisation. He showed scant consideration towards the feelings and aspiration of people.

Police Reforms :

Frazer Committee 1902 was appointed to look into police admn in Provinces which called it inefficient, defective in training and organisation, failed to secure confidence of people.
Recommended inc in salaries, inc strength in all provinces, training schools for officers and constables, direct recruitment in place of promotion in higher ranks, setting provincial police service, creation of Central Dept of Criminal Intelligence
Led to Inc expenditure and creation of a Police State

Educational Reforms :

Universities Commission estd 1902 under Rayleigh.
Curzon believed that educational institutions had become factories for production of political revolutionaries.
Features of Indian Universities act 1904?
- sought to inc official control over universities
- more attention to study and research
- No. of fellows reduced who were to be recom by Governor
- Govt to have powers to veto Univ regulations
- Affiliation of private college was made stricter and its periodic inspection by Syndicate made compulsory.
- 5 lkh per annum sanctioned for improvement of higher ed

Economic Reforms

Macdonnel Famine Commission 1900 to enquire into results of famine operations
- Relief distributed was excessive and undue emphasis on gratuitous measures
- Recommended payment by task work for able-bodied.
- emphasized the benefits of early distribution of advances purchase of seed and cattle, temporary wells etc
- appt of famine commissioner in a province
- better transport facilities, agri banks, imp of irrigation facilities etc
Land Resolution of 1902 recom reduction of assessment in case of failure of crops
Irrigation Commission under Scott Moncrieff.
- recom inc exp on irrigation. Jhelum canal was completed, New canals at Upper Chenab, Jhelum and Lower Bari doab started.
Imperial Agriculture dept set up under Inspector General
New Dept of Commerce and Industry
Indian Coinage and Paper Currency Act 1899. British sovereign became legal tender 1pound = Rs15. IN put on Gold standard
Special attention to dev of railways. Root and branch reform suggested by expert committee under Thomas Robertson along with commercialisation of railways and setting up Railway board

Other Reforms

Judicial : No of judges of Calcutta HC inc, their salaries and benefits also inc, Indian code of civil procedure revised.
Army : Russian activities in Central Asia and Tashkent Railway alarmed British. Kitchner took up reoorganisation. 2 commands the Northern HQ at Muree and Southern w/ HQ at Poona.
Calcutta Corporation Act 1899 : Reduced strength of elected mem gave Br definite majority.
Ancient Monument Act 1904 : to repair, restore and protect historical buildings in India. Urged Princes to protect sites such as Ajanta-Ellora caves, Sanchi stupa and asked Provinces to build Museums -> estd of Archaeological Survey of India.

![[8.8 The partition of Bengal 1905]]

Foreign Relations during Curzon

Treaty of Lhasa ( 1904 ) :
- Younghusband dictated the terms to the Tibetan officials after growing Russian influence.
- Tibet would pay an indemnity of Rs 75 lakh one lakh per annum revised to 25 lakh.
- Indian Government would occupy the Chumbi Valley (territory between Bhutan and Sikkim) for 75 years as a security was evacuated in Jan 1908
- Tibet would respect the frontier of Sikkim.
- Trade marts would be opened at Yatung, Gyantse, Gartok;
- Tibet would not grant any concession for railways, roads, telegraph etc. to any foreign state
Did away with the Forward Policy of Lawrence. Br troop withdrew from forward posts and task for its defence given to tribal militia.

Curzon Kitchner Controversy

Viceroy’s executive council had 2 mem representing the Military Dept the Commander in Chief and Military mem who was advisor to Governor General on mil matters.
Kitchner objected to this and wanted the abolition of office of Military Member and subsuming all its power under Commander in Chief.
Curzon objected to this and a compromise was reached where the office of Military Mem was changed to Military Supply Mem with functions civilian in nature and all mil functions were transferred to Commander in Chief.
Difference arose in appt of new Military Supply Officer where Curzon’s nominee lost. C tendered his resignation which was swiftly accepted.

Estimate of Curzon

He said, “India is the pivot of our Empire…. If the Empire loses any other part of its Dominion we can survive, but if we lose India, the sun of our Empire will have set.”
Great Imperialist, Foreign and Domestic policy aimed at making Indian impregnable. Succeeded in checking infiltration of Russian, German and French Influence into Persian Gulf.
Close minded approach -> more enemies for him. Could not understand people over whom he ruled.
Can be compared w/ Dalhousie both were able administrators, having sharp intellect.
His bad imperialistic policies -> dev of a strong bond of nationhood.

PYQs

The Government of India Act 1858

“1858 is the Great Divide in modern Indian history, as the policy, practice and ideals of the government that followed differed fundamentally from the government of the Company which it displaced.” Discuss. [1979, 60m]

What changes did the British attitude undergo towards the Princely states after 1858? Was the Government of India Act of 1858 intended to introduce direct relations between the Princes and the Crown? [1985, 60m]

3.”In terms of administrative structure, the Government of India act of 1858, … meant more continuation than change.” Do you agree? Substantiate. [2010, 20m]

The Indian Councils Act 1909 (The Minto-Morley Reforms)

The Reforms of 1909 introduced ‘a cardinal problem and ground of controversy at every revision of the Indian electoral system.’ Comment. [1982, 20m]

The Government of India Act, 1919 (Montague-Chelmsford reform)

Explain the main features of Mont-Ford Reforms. How far did they implement the policy of administrative devolution? [1983, 60m]

“Dyarchy was Introduced with high hopes and it must be said that, on a theoretical analysis and if worked under ideal conditions, it is not without merits.” Comment. [1988, 20m]

Diarchy provided by the Mont-Ford Reforms “certainly created suspicion without the frictions within.” Comment. [1995, 20m]

The Montague Declaration (20 August 1917) was observed more closely in the “realm of imperial relations” than anything else. Comment. [1998, 20m]

“Montague-Chelmsford reform proposals introduced ‘dyarchy’, but blurred the lines of responsibility.” Critically examine. [2014, 10m]

Could Dyarchy (1919) satisfy the national sentiments of the Indians? [2018, 10 Marks]

The Government of India Act of 1935

Explain the attitude of the Indian National Congress towards the constitutional changes of 1909, 1919 and 1935. [1998, 60m]

“Though the Act of 1919 was superseded by that of 1935, the preamble to the former was not repealedthe preservation of the smile of Cheshire cat after its disappearance, and the latter said nothing about dominion status.” Comment. [2013, 25m]

“Although the Government of India Act of 1935 replaced diarchy with provincial autonomy, the overriding powers of the Governor diluted the spirit of autonomy.” Elucidate. [2015, 10m]

Relationship between British Crown and Princes

“If the paramount power cast its imperial cloak over the princes, it was also entitled to see that what was sheltered was in the main creditable.” Comment.

“The relations of the Native States, however conducted are essentially relations with the British Crown and not with the Indian Government.” Comment. [1991, 20m]

Review the relations of the Government of India with Indian States in the period 1858-1918 with particular reference to the cases where the doctrine of paramount was asserted by the Government. [1983, 60m]

“It is sometimes asked by Ruling Chiefs, as well as by the public in India and in Europe what our policy towards Native States is. I can tell you that the basis of the policy was laid in Queen Victoria’s Proclamation of 1858 and repeated in the Coronation message of His Majesty the King Emperor.” Comment. [1986, 20m]

[[1 - Historical Background 1.pdf]] - [[3.1 Early Administrative Structure]] is first half.