EVOLUTION OF LEGISLATIVE COUNCILS: CHARTER ACT, MORLEY MINTO REFORMS, GOI ACT

Charter Act to Indian Independence Act in British India with a Focus on Legislative Councils

Background

• Charter act of 1853: clearly mentioned that henceforth the company would retain the territories and revenues in the trust for the  Crown. Importantly, it did not mention any time period unlike the previous charter act. This act opens the door for intervention in the affairs of the company by the crown at any time.
• Sepoy Mutiny of 1857: gave an opportunity to curb the political power of EIC which ultimately led to transfer of complete control of administration of India to the British Crown.
• Transfer of Powers to the British Crown: Henceforth, Company’s powers of the Indian government, territories and revenues were transferred to the British crown. 
  • To appease Indians, the Crown passed the Act of Good Government 1858.
  • The Crown ruled over India till India got independence i.e till 1947.

How Did Legislative Councils Influence Key Acts in British India’s History?

Impact of the Government of India Act of 1858 on Legislative Councils and Crown Control

• Dissolution of  East India Company: It dissolved the East India Company, Board of Control and Coart of Directors.
  • Thus system of double government introduced by the Pitts India Act 1784 was finally abolished
  • It transferred control to the Crown.
  • To appease Indians, Crown abolished the doctrine of lapse and also opened some doors for Indians to participate in Government services.
• Viceroy: Governor General of India was renamed Viceroy upon the end of the Company’s rule.
  • Viceroy became the direct representative of the Crown. 
  • Lord Canning became the First Viceroy of British India.
• Established Office of Secretary of State (SoS): He was the member of a British Cabinet official who answered to the British Government.
  • It is a corporate body which could sue and be sued in India and In England.
  • It enjoyed the power hitherto enjoyed by the Board of Controller and Court of Director.
• 15-member Council: It was created to assist the Secretary of State. It was an advisory body and the final decision lies with the Secretary of state.
  • Composition: 8 were appointed by the Crown and 7 were appointed by the Court of Directors.
  • It focused on improving administrative machinery (Governor General of India replaced by Viceroy under the Crown etc.) of India.

Indian Council Act of 1861 and the Path to Legislative Councils and Decentralization

Circumstances Leading to the Act

• Administrative Continuity in India: The Act of 1858 introduced a number of changes in the Home Government (London). At the same time it did not touch the administrative set up in detail in India.
• Crisis of 1857: Due to the crisis of 1857, It was felt that there should be closer contacts with Indian opinion.
  • According to Syed Ahmed khan, one of the reasons for the crisis of 1857 was lack of contacts between rulers and the Indians.
• Raised Aspirations: At the same time, the Charter Act of 1853 raised the aspirations of Indians in participation in Indian administration.
• After analyzing the situation, both  London and the Government of India passed the First Indian Council Act  in 1861.
• Significance of the Indian Council Act of 1861: It is an important act in the political and constitutional history of India.
  • It marked the beginning of representative institutions by involving Indians in the law-making process.
  • This initiated the process of decentralization.

Features of the Indian Council Act 1861 and the Rise of Legislative Councils in British India

Drawbacks of the Indian Council Act 1861 on Legislative Councils and Representative Governance in British India

• Discrimination in Representative Government: In no way a representative government in India like that prevails  in London or Like in London’s White Colony.
• Restricted Role: The functions of the newly constituted council were limited to legislation only.
  • Act of administration could not be discussed in these assemblies.
• Lack of True Character of Council: The legislative council could not be called a true legislature either in composition or in function.
• Lack Federal Spirit: No attempt made to demarcate Central and Local legislation

Did the Indian Council Act of 1892 Effectively Address Challenges and Empower Legislative Councils in the Evolution of Indian Governance?

Circumstances that led to Passing of 1892 Act

• Indian Participation Unfulfilled: The Indian Council act 1861 aimed to increase the participation of Indians in administration, it failed  to satisfy the aspirations of the people.
• No True Representation of Indians: Though there was an element of Non official representation, it was negligible and It consisted of big zamindars, retired officials or Indian princes which knew little about the problems of the masses.
• Nationalism Began to Grow: Spread of Education, English language united Indian leaders, Lord Lytton’s reactionary policies (Vernacular press act 1878 and Indian Arms act 1878) further added bitterness of the people against the Government etc all these events helped Nationalism to grow among Indians.
• The Ilbert Bill Controversy: This event highlighted the hollowness of British attitude towards Indians where Justice is denied to Indians if there was British interests.
• Formation of Indian National Congress: Its main goal was to mobilize people, to act as a link between the government and people and to press for reform in the constitution.

Features of the Indian Council Act 1892 and the Expansion of Roles in Legislative Councils

Drawbacks of the Indian Council Act 1892, from Nominations to Budget Control

• Nomination and not a Election: Though the principle of election was introduced, Elected members were officially declared nominated from the different bodies ( Municipalities, Universities, Zamindars, etc)
• There was increased strength and created a council. Practically, it did not exist. Hence it failed to satisfy Indians.
• The Council Members could not ask the supplementary questions and no control over budget
• Any question could be disallowed without any means of appeal.

Morley Minto Reforms of 1909: How Did Legislative Councils Witness Change and Address Injustice in Response to Catalysts?

Circumstances Leading to the Act: Catalysts Behind the Indian Council Act of 1909

• Indian council act 1892 failed to meet the aspiration of congress.
• The continued economic exploitation of by Alien rule and its condemnation by Congress
• Educated Indians were not given any share in Government services and in Administration.
• Obnoxious policies of Curzon.

Key Features of the 1909 Indian Council Act (Morley Minto Reforms) and the Transformative Evolution of Legislative Councils

Limitations of the Indian Council Act 1909 (Morley Minto Reforms) and its Implications for Indian Governance

• Limited Power: Its main drawback was narrow representation, indirect election and limited franchise, limited power to legislative council.
  • Real power remained with Government and The Council function was that of  only criticism
• Members could not discuss foreign affairs of GOI and its relation with princely states.
• Divided Indians on Religious Basis: This move seeds the roots for the political problem of India which later on resulted in Partition of India
• This has become a major political barrier in the coming  history of India in its struggle for Independence.
• According to Mahatma Gandhi, ‘The Minto-Morley reforms have been our undoing’
• According to K M Munshi, ‘Minto-Morley reforms stabbed the rising democracy’
• Defects in Indirect Election:  This process was very complex and It consists of a series of election 
  • First people selects member of Local bodies ,Then these elected members were selecting members for electoral college, which in turn elects members for provincial legislature Finally members of provincial legislature select  the representative for central legislatures
  • According to the Montford Report of 1918, There is absolutely no connection between the voter and the man who is representing them.

Conclusion

• The journey of legislative councils in British India, spanning from the Charter Act of 1853 to the Morley Minto Reforms of 1909, reflects the complexities of colonial governance and the evolving aspirations of Indian society.
• While these Acts aimed to increase Indian participation in governance, their limitations hindered true representation and democracy.
• Despite their shortcomings, these legislative reforms laid the groundwork for future political movements and the eventual struggle for independence.

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