CONSTITUTIONAL HISTORY - ACTS AND CHARTERS -2

IMPORTANT ACTS AND CHARTERS

ACTS AND CHARTER DURING CROWN'S  RULE

• Proclamation of Queen Victoria 
• The Government of Indian Act, 1858
• The Indian Council Act, 1909 ( The Minto-Morley Reforms)
• The Government of Indian Act, 1919 (The Montague Declaration)
• The Government of Indian Act, 1935 

PROCLAMATION OF QUEEN VICTORIA

• On the commencement of the government of Indian Act, 1858, Queen Victoria on 1 November 1858 issued a proclamation announcing the taking over the government of India.
• The proclamation stated that -

1. Viscount Canning was the first Viceroy and Governor-general would administer the government in their name.

2. Treaties and engagements with the nature Princes would be respected.

3. No extension of the present territorial possession was desired, rights and dignity of native Princes would be respected.

4. No interference in religious matters would be made.

5. No distinction in regard to caste or creed would be maintained in admission to service.

6. Ancient rights and customs of Indians would be respected.

7. Internal tranquility would be restored.

8. Industry and public utility works would be stimulated and the administration of the government would be for the benefit of all the subject.

9.  "In their prosperity will be our strength, in their contentment our security and in their gratitude our best reward".

• The British statesmanship, diplomacy, political maturity and wisdom is reflected together in the proclamation.
• Though, it was issued after the bitter experience, (during the successful suppression of the revolt of 1857), the  proclamation was deliberately so worded as to win the sympathy and support of the people of India and rulers.
• The rulers of Indian states in view of the realization that without it, it was impracticable to rule this vast country smoothly.
• It may be added that from the wordings of the Proclamation there emanated and flowed forth the confidence of the British race that they would be able to keep this country under this yoke for years together.

GOVERNMENT OF INDIAN ACT, 1858

• Lord Palmerston, the then Prime Minister of England, introduced a bill for the transfer of the government of India from the East India Company to British Crown.
• The enactment of the Government of Indian Act, 1858 by the British parliament became an Important Landmark in the constitution history of India.

MAIN PROVISIONS

• The Act declared that company's territories in India shall vest in her Majesty and all company shall cease to exercise its power and control over all these territories. India will be governed in the name of the Queen.
• Queen's principal secretary of state shall have all such powers and perform all such duties as were exercised by the court of directors or court of proprietors of the company.
• A council of 15 member were constituted to assist the secretary of the state for India . The Council became he advisory body on Indian affairs.
• For all communications between England and India the secretary of the state became the real channel.
• The Secretary of State for India was empowered to send some secret dispatches to India directly without consulting the council.
• He was also authorized to constitute special committee of his council.
• The Crown was empowered to appoint the Governor-general of India and the governors of the presidencies.
• It all provided for the creation of Indian Civil Services of the crown under the control of the secretary of state for India.
• All the property of the East India Company was transferred to the Crowns. All treaties, contracts, etc made by the company remained binding on the crown.
• Thus, with the passing of the government of India Act, an important era of EIC's rule in India came to end.

THE INDIAN COUNCIL ACT,1909  (The Minto-Morley Reforms)

• In England , the Conditions were in favor of Indian Constitutional reforms.
• Lord Morley ( Secretary of state for India) , Lord Minto (Viceroy of India) agreed in principle to introduce major political and constitutional reforms.
• He appointed a committee under Sir Arundale to report on the necessity of reforms.
• The report was submitted  to the Viceroy in October 1906.
• Lord Minto did the needful to introduce the idea of separate representation of Muslims in the legislative reforms.
• The Bill was drafted in the light of all the discussion and negotiation between Morley and Minto.
• The cabinet approved it and the British parliament passed it in February 1909 to become an act.

PROVISIONS OF THE ACT

• In Certain respects the Indian Councils Act 1909 was a significant improvement in the sphere of constitution reforms.
• The Act increased the size of the Central and the provincial legislative councils.
• The legislative councils constituted under the Act of 1909 contained 3 types of member.

1. The member of the Executive council of the Viceroy or the Governor.

2. Nominated non-official members

3. Elected representatives of the people.

• The Act recognized the principle of election in explicit and direct terms.
• But it was qualified in 2 ways - In the first place, the principle of nomination was recognized and secondly, a large number of elected members were to be returned indirect election.
• The functions of the legislative councils, both central and provincial, were greatly increased.
• The members were given the rights of discussion and supplementary question.
• The act imposed certain restrictions within which the members or the legislative councils were required to work.

1. They were not authorized to discuss the foreign relations of the government of India and its relations with the Indian Princes.

2. They could not discuss some other matters eg:- expenditure on railways.

COMMENTS

1. The Morley- Minto Reforms, no doubt made significant improvements in the constitutional and legislative spheres in certain respects but they gave only a constitutional democratic appearance to the system which was in truth autocratic.

2. The greatest defect of Morley-Minto Reforms was the introduction of communal electorates for Muslim.

3. Mahatma Gandhi aptly remarked  that the Morley-Minto Reforms have been our undoing.

4. These reforms gave Indians in the legislative councils only influence and not power, it created an illusion to the civilized world that India is governed through representative assemblies. 

THE GOVERNMENT OF INDIA ACT , 1919  AND THE MONTAGUE DECLARATION

• In its Preamble, the Act of 1919 laid down certain principles on the basis of which the reforms were to be introduced in India.
• The provisions of the Government Of India Act,1919 introduced vital changes in - i) the home government in England , ii) the government of India - Executive and Central legislature ,  iii) the provincial government , iv) civil services

IMPORTANT PROVISION

• The Act of 1919 introduced some changes in the constitution of Indian council. It consist of not less than 8 and more than 12 members. Their office was fixed at 5 years at a fixed salary. The number of Indians were three. 
• The Act of 1919 made certain important changes in the functions, structure and methods of the government of India. The central legislature was enlarged and made more representative.
• Act of 1919 introduced several alterations in its constitution, composition and powers.
• Act of 1919 introduced several alterations in its constitution, composition and powers.
• In  place of the old Imperial council of one house only, the Act of 1919 made the central legislature bicameral which was to consist of the state (upper house) and the central legislative assembly (lower house).
• The second chamber was introduced to act as a check upon the lower house.
• The principle of "separate communal representation " was retained in the composition of the Legislative assembly and council of states.
• The elected seats were distributed among all provinces and in each provinces they were distributed on the basis of communities and interests.
• In order to remove the conflicts between the two hours, the Act of 1919 provided for - i) joint committees , ii) joint conferences , iii) joint sitting of the houses.
• The Act of 1919 was not intended to introduces full responsible government in the provinces where it growth was required to be gradual . It established a new system called " Dyarchy"
• The Governor was the pivot of all the administration.

MONTAGUE DECLARATION

• Indian council Act, 1909 was followed by the Delhi Durbar in 1911 for which George V, the king of England, came to India for the first time in history.
• In his first announcement the king transferred the capital from Calcutta to Delhi.
• It was also realized that in the course of time the just demands of Indian people for a large share in the government of their country would be satisfied.
• The government passed certain legislature to suppress the rising Indian ambitions - The Indian Press Act, 1910 , Act of 1913 and many other such acts.
• The defense of Indian Act,1915 further empowered the government and every effort was made to suppress the political awakening of the Indians.
• Britain wanted India's full cooperation in terms of money and man power and army.
• E.D Montague in his historic pronouncement before the House of common on 20th August 1917 declared the future policy of the British government in India.
• Montague's declaration was considered to introduce " revolutionary changes " in the sense that it promised responsible government.
• It was a clear repudiation of the Morley- Minto policy which gave no concession for the self government within British Empire.
• With  a view to prepare a scheme of reforms, Montague came to India in November 1917. He met top ranking Indian leaders and studied the whole problem personally.
• In consultation with Viceroy, Lord Chelmsford, Montague drew up the report on Indian constitutional reforms which became famous as the "Montford scheme " for India.

THE CHIEF PRINCIPLES

• There should be a complete popular control and possible independence from outside.
• Some measure of responsibility should be given at once and complete responsibility be given as soon as condition permits.
• The government of India must remain wholly responsible to Parliament. Opportunities for criticizing government be increased.
• Control of parliament and Secretary of state over the government of India and provinces be reduced.
• On the basis of this scheme, the British Parliament enacted the Government Of India Act,1915 which amended in 1916 and again on 1919.

THE GOVERNMENT OF INDIAN ACT, 1935

• After the Act of 1919, the Government Of Indian Act , 1935 was the second important milestone on the road to a fully responsible government in India.
• It played a very important role in shaping and moulding the new constitution of India of 1950.
• The Act of 1935 is said to be the product of 4 diverse forces, namely, Indian nationalism , British Imperialism , Indian Communalism and Indian Princes.
• The Act kept intact the supremacy of the British Parliament.
• The Act marked a radical change of policy in two respects: i) it introduced  a federal form of government in place of the unitary form, which was the British policy since long.    ii) the provision of the Act envisaged a federation to which the native state of India were to accede.
• This act established All-India Federation but were accepted in the act to certain qualification.

MAIN PROVISIONS

1. Option for states to join

2. Division of power

3. Dyarchy at the center

4. Bicameral federal legislature

5. Legislature's power restricted

6. Autonomy in name alone

7. Indian council of Secretary of state 

6. Establishment of federal court

8. Governor general all-in-all