Regulating Act of 1773
Background:
The Regulating
Act of 1773 was first act of British Parliament to exercise indirect
control over the affairs of East India Company's rule in India. By
1773, the East India Company [EIC] was
in deep financial trouble. The EIC owed money to both the Bank of England and
the Government. The Company was important to Britain because
it was a monopoly company
in India and in the east and many influential people
were shareholders. The
Company failed to pay its dues to Government to maintain its monopoly. On the
other hand the officials of EIC were getting richer by their private trade and
by receiving gifts/bribes at the cost of the company. Having observed these things, Lord North decided to overhaul the management of the
East India Company with the Regulating Act.
Provisions
of the Regulating Act:
1)
A Court of Directors was created at London to oversee the affairs of EIC
in India.
2)
The
Governor of Bengal/Fort William was elevated to the statue
of Governor General of Bengal /Fort
William [Warren Hastings was
first Governor-General of Bengal] and governors of
Madras and Bombay presidencies were brought under the control of Governor
General of Bengal.
3)
The institution of Governor General-in-council was created with Governor General as
head and with four other members to carry out Legislative & Executive
functions.
4)
A Supreme Courtof
Calcutta was provided with one chief justice and three puisne judges. It was
constituted in 1774 with Sir Ellijay Impey as chief justice. [It had jurisdiction over Bengal, Bihar and
Orissa &British judges were to be sent to India to administer the British
legal system that was used there].
5)
It prohibited the servants of company from engaging
in any private trade or accepting presents/gifts or bribes from the
natives.
The East India Company
Act 1784 or Pitt's India Act,
Background: This was an Act of
the Parliament of Great Britain intended
to address the shortcomings of the Regulating Act of 1773. The
supervisory role of British Parliament on the affairs of the EIC failed to
control the nepotism and corruption among the officials of EIC and the system
was not improving. In order to exercise
direct control rather than having regulated role, the new Act was
necessitated whereby Government can take a more active role in the affairs of
the Company.
Provisions
of the 1784 Act:
1.
It brought the affairs of EIC in India under the
control of the British Government.
2.
A Board
of Control was created at London with six members, two of
whom were members of the British Cabinet and the remaining from the Privy Council.
The Board also had a president, who
soon effectively became the minister for the affairs of the East India Company.
3.
This Act provided for a joint government of British India by
both the Company and the
Crown with the government holding the ultimate
authority.[The Board was given powers to superintend, direct and control the
government of the Company's possessions in effect controlling the acts and
operations relating to the civil, military and revenues of the Company.]
4.
The membership in Governor General-in- council [governing
council of the Company] was reduced to three members [1+ 3], and the
governor-general, a crown appointee, was authorised to veto the majority
decisions.
5.
Governing
Councils were established at Madras and Bombay presidencies
6.
The governors of Madras and Bombay were clearly
subordinated to the Governor General. The governor-general was given greater
powers in matters of war, revenue and diplomacy.
[By a supplementary act passed in 1786 Lord Cornwallis was
appointed as the second governor-general of Bengal, and he then became the
effective ruler of British India under the authority of the Board of Control and the Court of Directors.
The constitution set up by Pitt's India Act did not undergo any major changes
until the end of the company's rule in
India in 1858].
The East India Company Act 1793 or the Charter Act of 1793
The East India Company Act 1793, also known as the Charter Act of 1793, was an Act of the Parliament of Great Britain which renewed the charter issued to the British East India Company, and continued the Company's rule in India.
Provisions:
1.
The Company's
trade monopoly was continued for a further 20 years.
2.
Salaries for the
staff and paid members of the Board of Control were also now charged to the
Company.
3.
The Governor-General was granted extensive powers
over the subordinate presidencies.The Governor-General's power of over-ruling
his council was affirmed, and extended over the Governors of the subordinate
presidencies.
4.
Senior officials were forbidden from leaving India
without permission.Royal approval was mandated for the appointment of the
Governor-General, the governors, and the Commander-in-Chief.
The East India Company Act 1813 or the Charter Act of 1813
It renewed the charter issued to the British East India Company, and continued the Company's rule in India.
1.
It ended Company's
commercial monopoly in India, except tea and opium.Indian trade was thrown open
to Englishmen.
2.
It made
compulsory training for all civil servants.
3.
It allotted Rs.100,000/- to promote education in
India.
4.
Christian missionaries were allowed to come to
British India and preach their religion.
5.
Financial
provision was also made to encourage a revival in Indian literature and for the promotion of science.
The Saint Helena Act 1833 or the Government of India Act 1833
This Act of the Parliament of
the United Kingdom was also meant
for an extension of the royal charter granted to the company for further by 20
years.
It contained
the following provisions:
1.
It made the Governor-General of Bengal as the Governor-General of India.[Lord
William Bentinck
(1828 to 1835) was
the first Governor-General of India.
[Centralisation of Administration]
2.
It Centralised the Legislature with the Governor
General-in-council and thereby laws passed by the Central Council in Calcutta
would have automatic application for Madras & Bombay provinces. [The
Governor-General was given exclusive legislative powers for the entire British
India- Centralisation of legislation]
3.
For the first time, a provision was made for the
appointment of a law member to the
Governor General-in-council who would attend the council meetings as a
matter of right (only) when the legislative functions are performed. [Lord
Mecaulay became the first law member] [When executive functions are performed
GG-in-c had 1+3 & for legislative functions GG-in-c had 1+3+1
combination]
4.
It ended the monopoly of EIC on all trade items including
tea and opium.
5.
For the first time, it provided for appointment of Indians to civil services
(clause 87) through open competitions.In fact, it hasremoved the
disqualification put up by Lord Cornwallis on Indians for entry into Indian
Civil Service (ICS). However this provision was negated after opposition from
the Court of Directors who were still holding the privilege of appointing the
companies officials.
The
Charter Act, 1853
British
Parliament was called upon to renew the Charter of the Company in 1853.The
Parliament had in the preceding year appointed two committees to go into the
affairs of the Company and on the basis of their reports the Charter Act of
1853 was framed and passed.
Provisions:
1. The number of
the members of the courts of Directors was reduced from 24 to 18 out of which 6
were to be nominated by the crown. Power was given to the “Court of Directors”
to constitute a new presidency and also to alter and regulate from time to time
the limits of the various provinces. [No new province was created, however
Lieutenant Governorship was created administering the Punjab]
2. The act ended
the right of “Court of Directors” for the recruitment and recalling. The
recruitment for the company jobs in the administration was transferred to
“Board of Control”. For the first time
Written Competitive Exams were held for the jobs in the administration.
3. The Governor
General of India was relieved from the additional responsibility of being the
Governor of Bengal and a Lt. Governor of Bengal was appointed for administering
Bengal. [Lord Dalhousie (1848 to
1856) became first GG without additional responsibility as G of Bengal]
4. The Act of 1853 marked the beginning of a
Parliamentary system in India. The Act extended the machinery of legislation. The
law member was made permanent/full member of the GG executive council. This EC
while sitting for legislative functions, has enlarged by the additions of 6
members- the chief Justice and a puisne judge of Supreme court of Calcutta and
4 civil servants representing four provinces-Bengal, Madras, Bombay and North
Western Provinces. For the first time, legislature was given powers to frame
its own rules of procedure. Further, Commander-in-chief was also given the membership
of GG-in-EC and thereby took the members in GG EC to 12 (1+4+6+1).
The members can ask questions, policy of the Executive
Council can be discussed, though the EC retain the power to veto a bill of
legislative council. Discussion in the council was oral and business was to be
conducted in public than in secret. [No Indian element was associated with the
Legislative Council]
5. The Act provided that the salaries of the
members of the Board of Control ,its secretary and other officers would be fixed
by the British Government but would be paid by the company.
6.
It renewed the powers of the company and allowed it to
retain possession of Indian territories on the condition that company should govern India in trust for
the Crown. Unlikeearlier charter Acts,
no timeframe was fixed this time.
The Government
of India Act 1858
Background: This Act was passed to better administer the
possessions of EIC in India under the backdrop of Indian rebellion in 1857. It
was deliberated the complexities involved in the governing India under the
existing system and therefore wanted to end the company rule in India.
Provisions:
1.
This Act has ended the East India Company rule in
India and the British Crown took over the administration of India.
2. It
abolished the “Court of Directors” and “Board of Control” and vested the powers
in Queen's Principal Secretary of State,
a Minister in the British cabinet. Thus,
the system of double government (one at London & another in India)
introduced by the Pitt’s India Act of 1784 was abolished.
3.
The
secretary/ Minister in the cabinet was re-designated as “Secretary of State” for India, assisted by a
council of 15 members was appointed to assist the Secretary of State for India.
He was empowered to superintend, direct and control all the governmental
affairs of India. [Charles Wood, the last president of Board of Control, was
made the first Secretary of State.]
4.
The Secretary of State for India was empowered to
send some secret despatches to India directly without consulting the Council of
15 members. He was also authorised to constitute special committees of his
Council.
5.
The Governor General of India has received the title of Viceroy and became direct
representative of the crown [ Lord Canning became the first Viceroy, 1856 to
1862]
7.
Provision for the creation of an Indian Civil Service under the
control of the Secretary of State.
8.
All the property of the East India Company was
transferred to the Crown. The Crown also assumed the responsibilities of the
Company as they related to treaties, contracts, and so forth.
Growth
of Representative Government in India
The Indian
Councils Act 1861:
1.
The Indian Councils Act 1861 empowered the viceroy to make rules for more
convenient transaction of business. By using this provision Lord Canning has transformed
the Viceroy of India's
executive council into a cabinet run on the “portfolio system”for easy legislation and
administration.[Foundation for the future Cabinet form of Government in India]
2.
A fifth member was added to the “Viceroy’s
executive Council” [1+5]. This cabinet had
six "ordinary members" who each took charge of a separate department
in Calcutta's government:
home, revenue, military, law, finance, and (after 1874) public works. [The
sixth ordinary member is Commander-in-chief who used to attend EC meeting as an
extraordinary member].
3.
The GG-in-council
was enlarged by adding 6-12 members for legislative purpose. These members
would be nominated by the Viceroy for
a term of 2 years, but not less than
half of them would non-officials. [No statutory provision was made for
admission of Indians, but some of the
non-official seats were offered to the natives of high rank.
4.
The Viceroy
enjoyed the veto power and in the case of emergencies authorised to issue
ordinances which were to be valid for 6 months.
5.
This act restored the legislative powers of making
and amending laws to the Madras and Bombay presidencies which were taken way by
the Charter Act of 1833. The legislative
council at Calcutta was given extensive authority to pass laws for British India as a whole, while the legislative councils at Bombay and Madras were
given the power to make laws for the "Peace and good Government" of
their respective presidencies, subject to the assent of viceroy for validity.
6.
The viceroy was given the power to create
new provinces for legislative purposes and appoint Lt. Governors for the same. Under this provision, legislative councils
were created in Bengal, North West provinces(Present UP) and Punjab in 1862, 1886 and 1897
respectively.
[The Secretary of State for India at the time the Act was passed, Sir Charles Wood, believed that the Act was of immense importance:
"the act is a great experiment. That everything is changing in India is
obvious enough that the old autocratic government cannot stand unmodified is
indisputable.]
The Indian Councils Act 1892
The Indian Councils Act 1892 was enacted by the Parliament of the United Kingdom to increase the size of the various legislative councils in British India. This act was made in
response to the demand from the Indian
National Congress to expand legislative councils.
Provisions of the Act:
1. The number of additional members in the “Imperial Legislative Council” at Calcutta and “provincial Legislative Councils” were enhanced. In the Imperial
Legislative council, there would be 10-16 non-officials. In the provincial
councils the members would be not less than 8, but not more than 20.
2. Two fifths of the total members of the councils were to be
non-officials. Some of them could be
indirectly elected and others are nominated bythe Viceroy. Thus a system or an element of election,
albeit indirect was introduced for the first time.
3. The non-official members to the Imperil Legislative Council
were (indirectly) elected by the provincial legislatures. The non-official
members of the provincial councils were elected by the Local bodies such as
district boards, municipalities, universities and chambers of commerce. Thus was introduced the principle of
representation.
4. For the first time the members of Legislature was allowed to
discuss the annual financial statements and questions can be asked within
certain limits to the government on the matter of public interest after giving
six days' notice but none of them was given right to ask supplementary
question. Thus it prepared the base for
the future Indian Democracy.
Limitations of the Act:
1. The officials retained the majority in the councils, thus
leaving a the voice of the non-officials ineffective.
2. The reformed Imperial Council, up to 1909 on an average met
13 days in a year and the attendance of non-official members was very poor.
3. The budget could neither be voted upon, nor could any
amendments be made to it.
4. Supplementary could neither be asked, nor could answers be
discussed.
The Indian Councils Act 1909 /Morley-Minto Reforms
Background:
The Indian Councils Act
1909 commonly known as the Morley-Minto Reforms, was an Act of the Parliament of
the United Kingdom that brought about a limited increase in the involvement of Indians in
the governance of British India. John Morley, the Liberal Secretary of State for India, and the Conservative Governor-General of India, The Earl of Minto,
believed that cracking down on uprising in Bengal was necessary but not sufficient for restoring stability to the British Raj after Lord Curzon's partitioning
of Bengal. They believed that a dramatic step was required to put heart into
loyal elements of the Indian upper classes and the growing Westernised section
of the population.
Provisions:
1.
The size of the
Legislature both at Central and provinces was enlarged. The number of the members of the Legislative
Council at the Centre was increased from 16 to 60. It was fixed as 50 in the
provinces of Bengal, Madras and Bombay, and for the rest of the provinces it
was 30.
2.
The members of
the Legislative Councils, both at the Centre and in the provinces, were to be
of four categories i.e. ex-officio members (Governor General and the members of
their Executive Councils), nominated official members (those nominated by the
Governor General and were government officials), nominated non-official members
(nominated by the Governor General but were not government officials) and
elected members (elected by different categories of Indian people).
3.
In provincial councilsnon-official majority was
introduced. However, since some of the non-officials were
nominated, the overall non-elected
majority remained. In the central council, official majority continued.
4.
The mode of
election was indirect. The local bodies were to elect an “electoral college”
which would elect the members of Provincial Legislature which in turn had to
elect members for the Central Legislature.
5.
The Act has
enlarged the functions of the councils as well.
The members of the Legislative Councils were permitted to discuss the
budgets, suggest the amendments and even to vote separate items in the budget,
but the budget as a whole could not be voted up. There were certain non-voted
items in the budget. They were also entitled to ask supplementary questions
during the legislative proceedings. They had right to discuss any matter of
public importance and adopt resolutions, though they were not binding on the
Government.
6.
The most
controversial provision in the act was separate
communal electorate was given to the Muslims [Only Muslims would vote for
the Muslim candidates] and representation in excess of their population. The
income qualification for Muslim voters [for voting] was kept at lower than that
of Hindus.
7.
The
qualification of electorate based on income, property and education differed
from community to community and region to region.
8.
A provision for
appointment of an Indian to Viceroy’s executive council was made for the first
time. [Lord Satyendra Prakash Sinha became the first Indian appointed to the
viceroy’s executive council and he was given law portfolio].
9.
Two Indians were
nominated to the Council of the Secretary of State for Indian Affairs.
Evaluation of
the act:
The Act of 1909 was important for the following
reasons:
·
It effectively allowed the election of Indians to the various legislative councils in India
for the first time. Previously some Indians had been appointed to legislative
councils. Leaders like Gokhale had utilised the discussions in the councils
demanding universal primary education, attacking the repressive policies of
government and drawing the plight of Indian workers in South Africa.
·
The introduction of the electoral principle laid
the groundwork for a parliamentary system even though this was contrary to the
intent of Morley.
However, the reforms of 1909
afforded no answer to the Indian political problem. They were basically aimed
at to placate the moderates and Muslims against the rising tide of nationalism
and to sabotage the genuine aspirations of the Indians for self government. The
system of election is too indirect that no meaningful representation could be
made. Further, they too had very limited role to play in the councils.
·
Muslims had expressed serious concern that a ‘first past the post’
British type of electoral system would leave them permanently subject to Hindu
majority rule. The Act of 1909 stipulated, as demanded by the Muslim leadership
Ø that
Indian Muslims be allotted reserved seats in the Municipal and District Boards,
in the Provincial Councils and in the Imperial Legislature;
Ø that
the number of reserved seats be in excess of their relative population (25
percent of the Indian population); and,
Ø that
only Muslims should vote for candidates for the Muslim seats ('separate
electorates').
These concessions were a constant source of strife
1909-47 and finally led to the partition of India and bloodbath that succeeded.
British statesmen generally considered reserved seats as regrettable in that
they encouraged communal extremism as Muslim candidates did not have to appeal
for Hindu votes and vice versa. As further power was shifted from the British
to Indian politicians in 1919, 1935 and after, Muslims were ever more
determined to hold on to, and if possible expand, reserved seats and their weight
age. However, Hindu politicians repeatedly tried to eliminate reserved seats as
they considered them to be undemocratic and to hinder the development of a
shared Hindu-Muslim Indian national feeling.
The reforms gave a shadow than the substance to the
people of India and failed to satisfy the Indian National Congress which was demanding for “the system of government obtaining
in Self-Governing British Colonies”.
The Government
of India Act, 1919 or Montagu-Chelmsford Reforms
Background:
Lord Montagu,
the secretary of Stateannounced in the House of Commons on 17th
August 1917 that the goal of constitutional advance in India to be “ the
gradual development of self governing institutions with a view to the
progressive realisation of responsible government as an integral part of
British Empire”. It was called “Montagu statement” or “August Statement” [not
to be confused with August offer made by Lord Wawell in 1944]. The Montagu–Chelmsford
Report in 1918 has laid down a fourfold formula to implement the policy in
first stage
1.
Introduction of complete popular control in Local bodies-Municipalities,
taluks, district boards etc.
2.
Partial
introduction of responsible government in the field of provincial administration.
3.
Non-introduction of responsible government at the centre but enlargement
of Indian Legislative council and more representation of Indians in it
and
4.
Relaxation of the control of Parliament and the Secretary of State to the
extent of popular government introduced in the provinces.
These recommendations
were given statutory shape under the 1919 Government of India Act.
Provisions:
1.
Provincial Government:
Executive side: Dyarchy was introduced and the is explained as
under.
a)
There are two
sets of governments- Executive Councillors (Non-accountable) and Popular
ministers (accountable to Legislature). Governor was the head of the province.
b)
The legislative
subjects were divided into two lists- “reserved list”and “transferred list”.
The reserved list contains subjects such as Law & Order, Finance, Land
Revenue, Irrigation etc and was administered by the Governor with the help of
his Executive Councillors. The transferred list contains subjects such as
education, Health, Local Governments, Public works, excise, Industries, weights
and measures etc and was administered by the Ministers nominated by the
Governor from the elected representatives of the legislative council
c)
The ministers
were to be responsible to the Legislature and had to resign if no-confidence
motion was passed by the Legislature against them. But the Executive
councillors were not responsible to the legislature.
d)
In case of
failure of constitutional machinery in the province, the Governor can take over
the administration of “transferred subjects” also. Further, all the ministers held
power during the pleasure of the Governor.
e)
The S-of-S
(secretary of state) and Viceroy could interfere in respect of “Reserved
subjects” while their scope of interference was limited in the transferred
subjects.
Provincial
Legislature:
a)
Provincial legislative
councils were expanded- 70% of the members were to be elected; 20% members were
to be nominated officials and 10% were to be nominated non-officials.
b)
The election was direct, the primary voters
electing the members. The
mischievous communal and class electorates were further consolidated
[Constituencies were divided into General &
Special- General constituencies to return Hindus, Muslims, Christians,
Anglo-Indians, Sikhs etc. ; Special constituencies for Landlords, Universities,
Chamber of commerce etc.]
c)
Women were also
given the right to vote.
d)
The legislative
council could initiate legislation but Governors assent was required. He could
veto bills and issue ordinances
e)
The legislatures
enjoyed the freedom of speech, right to move resolutions, ask primary and
supplementary questions. The members could reject the budget, though the
Governor could restore it if necessary
f)
The budget was
divided into two parts-70% of the items are non-votable. In the remaining 30%
votable budget items, the demand for
wantscanbe rejected by the house, but the Governor had power to restore them
by certifying that they were essential for the discharge of his duties.
2.
Central Government at Calcutta:
Central
Executive:
a)
No responsible
government. The number of Indians in the Viceroy’s executive council was raised to 3 in a council of 8
b)
Viceroy to be
the Chief Executive authority
c)
There were two
lists for administration-Central and Provincial. [Those subjects of National
importance or subjects’ belonged to more than one province were central
subjects. Eg: Defence, Foreign affairs, Posts & Telegraphs &
communications, etc. The provincial subjects were Public Health, Local self
governments, Education, Law & Order, Agriculture, etc. Any subject which
was not specially transferred to the
provinces was also central subject]
d)
The GG retained
full control over “reserved subjects” in the provinces
e)
He could restore
cuts in grants; certify bills rejected by the Central Legislature and issue
ordinances.
Central
Legislature:
a)
This Act
introduced bicameral legislature at Centre- Central LegislativeAssembly(lower
house) with 145 members and Council of States (Upper House) with 60. [In the
Lowe house, out of 145, 41 members were nominated and 104 elected. Out of 104
elected 52 from general constituencies, 32 from Muslim constituencies and 2
sikhs; 20 from Special constituencies , 7 by land lords, 9 for Europeans and 4
from Indian commercial community. Out of nominated 41, 26 were officials and 15
non-officials. In the upper house, out of 60, 26 were to be nominated by the GG
and 34 to be elected. Out of nominated members of 26, 20 were officials and 6
were non-officials. Out of elected members of 34, 20 from general, 10 by
Muslims, 3 by Europeans and 1 by Sikhs]
b) The Council of states had tenure of 5 years, while
Central LegislativeAssembly 3 years.
c)
The Legisaltors
could ask questions & supplementary questions, pass adjournments motions
and vote a part of the budget (30%), but 70% of the budget was still
non-votable.
3. Home charges to be paid from British Exchequer.
[During
the period of colonial rule in India, the drain of wealth took place through
various forms, one among them was, Home charges: Costs of the Secretary
of State's India Office, East India Company's military adventures, cost of
suppressing the Mutiny of 1857 and the compensation "to the company's
share holders, pensions lo the British Indian officials and army officers,
costs of army training, transport, equipments and campaigns outside India and
guaranteed interests on railways. However, by this act, the home charges were
dispensed with from Indian funds]
Evaluation:
Positive
changes: The changes at the provincial level were
significant, as the provincial legislative councils contained a considerable majority
of elected members. In a system called "diarchy," the nation-building
departments of government – agriculture, education, public works, and the like
– were placed under ministers who were individually responsible to the
legislature. The departments that made up the "steel frame" of
British rule – finance, revenue, and home affairs – were retained by executive
councillors who were nominated by the Governor. They were often, but not
always, British and who were responsible to the governor. Some of the Indians
found their way into important committees including Finance. In 1921 another
change recommended by the report was carried out when elected local councils
were set up in rural areas, and during the 1920s urban municipal corporations
were made more democratic and "Indianized.
Drawbacks:
These reforms represented the maximum concessions
the British were prepared to make at that time. The franchise was extended, but
still very limited. Though increased representation and authority was given to
central and provincial legislative councils, but the viceroy remained responsible only to London. In other
words, at the Centre, the legislature had no control over the Governor Generals
Executive Council. The allocations of seats in Central Legislature were not
based on population, but on the importance of the provinces- for example
Bombay’s commercial importance and punjab’s military importance.
In the provinces, the two parallel governments
administering different subjects sans logic and unworkable. The provincial
ministers had no real powers as main subjects were reserved and their good work
could be negated by the Governor. They were not consulted on important matters
also.The mischievous communal and class based electorate was consolidated.
The Indian National Congress has declared that the
reforms are disappointing and unsatisfactory and demanded effective self
government in India.
GOVERNMENT OF INDIA ACT,
1935
It was the last constitutional reform
of the England, introduced on the basis of white paper 1933 and came to effect
from April 1, 1937. It provided for
abolition of Dyarchy at provincial level and introduction of the same at
Centre.
The Government of India Act was passed
by the British Parliament in August, 1935.
The main provisions are – All India Federation; Federal Provincial
autonomy and others.
(1)Proposed
all India Federation: It was to comprise all British Indian
provinces, all Chief Commissioner’s provinces and Indian Princely States;
provided (i) princely state with allotment of not less than half of the 104
seats of the Council of State should agree to join the Federation and (ii)
aggregate population in the above category should be 50% of the total
population of all the Indian princely states.
Since the conditions were not fulfilled, the proposed Federation never
came up.
(2)(a)
Federal Executive:
Dyarchy (rejected by the Simon Commission) was introduced for Federal
Executive. Governor-General was the
pivot of entire structure. The reserved
subjects – Defence, External Affairs, Ecclesiastical (religious) affairs and
administration of Tribal areas were administered by Governor General with the
help of not more than 3 Councilors appointed by him. The other Federal or transferred subjects
were administered by him with assistance and advice of ministers elected by
Legislature. These ministers were to be
responsible to the Federal Legislature and to resign on losing the confidence
of the House.
Governor-General could
act in his discretion in the discharge of his special responsibilities for
certain subjects, such as maintaining peace and tranquility of India.
(b)
The Federal Legislature:
(i) It was bi-cameral; had upper house ( Council of States ) and lower house (
Federal Assembly). The council of states
was to be 260 member house, partly directly elected by British Indian Provinces
( 60% = 156) and partly (40%) nominated by Princely States ( 40% = 104). The Federal Assembly was to be 375 member
house, partly INDIRECTLY elected by British India provinces and partly (1/3rd)
nominated by princely states / princes.
This provision of direct election to upper chamber and indirect to
Federal Assembly was deviation of general practice in vogue.
(ii) Council of States
has to be a permanent body with 1/3rd members retiring every third
year. Duration of Federal Assembly was 5
years.
(iii) There were 3 lists
for legislative purpose – Federal, provincial and con-current; the Federal
Legislature had power to make laws for while India or a part thereof;
provincial legislature for province or part thereof and both could legislate on
concurrent list.
(iv) Members of Federal
Assembly could move vote of no-confidence against Ministers; but council of
states could not move vote of no-confidence.
Residuary powers rest with Governor-General. He could restore cuts in
grants; certify bill rejected by Legislature; issue ordinances and exercise
veto.
(v) 80% of budget
non-votable.
(vi) Responsible
government with safe guards.
(vii) The system of
religion-based and class-electorate further extended.
(3)Provincial
autonomy:
Provincial autonomy replaced diarchy – complete responsible government elected
by people was introduced. Provinces are
freed from ‘the superintendence, direction’ of the Secretary of State and
Governor-General. Provinces henceforth
derived their legal authority directly from the British Crown. Provinces given independent financial powers
and resources. They could borrow money
on their own security.
(4)Executive: Governor was Crown’s
nominee and representative to exercise the authority on King’s behalf in a
province. His position was largely
modeled on that of Governor-General.
Governor was the constitutional head of the state who administers the
province with the assistance and advice of the council of ministers, who are
appointed by Governor from among the elected representatives. They hold office during the pleasure of the
Governor; besides responsible to the provincial legislature. Governor had special powers regarding
minority interests, rights of civil servants, law and order, British business
interests, partially extend areas, princely states, etc. He could act on his own in discharging his
special responsibilities such as prevention of menace to the peace and
tranquility of the province or any part thereof. He could take over the administration when
there is a breakdown of constitutional machinery.
(5)Legislature: (i) All members to be
directly elected by franchise extended, women got the right on the same basis
as men. All provincial subjects are
administered by a council of ministers, headed by a premier / Chief Ministers and
the ministry was answerable to the legislature. (ii) Provincial legislature
could legislate on subjects of province and con-current list. (iii) 40% of
budget is not-votable. (iv) Governor could (a) refuse assent to a bill (b)
promulgate ordinances (c) enact Government Acts. (v) The electoral provisions
of the Act were governed by communal award of British Government as modified by
Poona pact with regard to Scheduled Casts.
It made provision for separate communal electorate for Muslims,
European, Anglo-Indian, Indian Christian, Parsies & Sikhs with a
reservation of seats for Scheduled Castes in the General electorate.
Evaluation
of the Act:
1. Numerous ‘safeguards’
and special responsibilities of the governor-general worked as brakes in proper functioning of
the Act and the provinces too, the governor still had extensive powers.
2. The Act enfranchised only
14 per cent of British Indian population.
3. The extension of the
system of communal electorates and representation of various interests promoted
separatist tendencies which culminated in partition of India.
4. The Act provided a
rigid Constitution with no possibility of internal growth. Right of amendment was reserved with the
British Parliament.
5. The diarchy system
with two governments is illogical and difficult to work with.
6. The indirect election
for Lower House and direct election to the Council of states sans meaning and
logic. It was alien to the known constitutions at that point of time.
The 1935 Act was
condemned by nearly all sections and unanimously rejected by the Congress. The Congress demanded convening of
Constituent assembly elected on the basis of adult franchise to frame a
constitution for independent India.
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