Historical Background of INDIAN CONSTITUTION by ATRISHEKHAR !

THE CROWN RULE (1858–1947)

THE COMPANY RULE (1773–1858)

Regulating Act of 1773

FEATURES

Designated Governor of Bengal as the ‘Governor General of Bengal’

Supreme Court at
Calcutta (1774)

comprising one chief justice and three other
judges

prohibited the servants of the Company

accepting presents

bribes from the
‘natives’

Court of Directors to report on its revenue, civil, and
military affairs in India to the British Government

Amending Act of 1781

to rectify the defects of the Regulating Act of 1773 also known
as the Act of Settlement

exempted the G-G and the Council from the jurisdiction of the Supreme Court for their official acts.

exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions.

excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.

Supreme Court was to have jurisdiction
over all the inhabitants of Culcutta

Hindus
were to be tried according to the Hindu law

Muslims
were to be tried according to the Mohammedan law.

appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.

empowered the Governor-General-in Council to frame
regulations for the Provincial Courts and Councils

Pitt’s India Act of 1784

distinguished between the commercial and political
functions
of the Company

established a system of
double government

allowed the Court of Directors to manage the commercial
affairs,

but created a new body called Board of Control to
To manage civil, political affairs and military Affairs of the company ,

empowered the BoC to supervise and direct all operations of the civil and military or revenues of the British possessions in India

Two important reforms

first, the
Company’s territories in India were for the first time called the
‘British possessions in India’

second, the British Government was given the supreme control over Company’s affairs and its
administration in India.

Act of 1786

He placed two demands to accept that post, viz

  1. He should be given power to override the decision of his
    council in special cases.
  1. He would also be the Commander-in-Chief

Charter Act of 1793

Governor-General more powers and control over the subordinate Presidencies of Bombay
and Madras

extended the overriding power given to Lord Cornwallis over his council, to all future Governor-Generals and Governors of Presidencies

extended the trade monopoly of the Company in India for another 20 years

Commander-in-Chief was not to be a member of the Governor-General’s council, unless he was so appointed.


members of the Board of Control and their staff were, henceforth, to be paid out of the Indian revenues.

Charter Act of 1813

asserted the sovereignty of the British Crown over the
Company’s territories in India

allowed the Christian missionaries to come to India for the
purpose of enlightening the people.

provided for the spread of western education among the
inhabitants of the British territories in India.

spread of western education among the
inhabitants of the British territories in India.

authorised the Local Governments in India to imposetaxes on persons. They could also punish the persons for not paying taxes.

Charter Act of 1833

Made the Governor-General of Bengal as the Governor-General of India

for the first time, Government of India having authority over the entire territorial area possessed by the British in India

Introduced the idea of competition in ICS

provided that the Company’s territories in India were
held by it ‘in trust for His Majesty,
His heirs and successors’.

Charter Act of 1853

It extended the Company’s rule and allowed it to retain the possession of Indian territories on trust for the British Crown.

established a separate Governor-General’s legislative council / Indian (Central) Legislative Council

addition of six new members called legislative councillors to
the council

functioned as a mini-Parliament, adopting the same procedures as the British Parliament.

introduced an open competition system of selection and
recruitment of civil servants

Macaulay Committee on ICS was appointed in 1854.

did not specify any particular period, an indication that Company’s rule could be terminated at any time the
Parliament liked.

It separated, for the first time, the legislative and executive
functions of the Governor-General’s council

introduced, for the first time, local representation in the
Indian (Central) Legislative Council.

Of the six new
legislative members of the GovernorGeneral’s council 4 members were appointed by the local (provincial)

governments of Madras, Bombay, Bengal and Agra

After the great revolt of 1857, the British Government felt the
necessity of seeking the cooperation of the Indians three acts were enacted by the British Parliament in
1861, 1892 and 1909

Government of India Act of 1858

The act known as the Act for the Good Government of India,
(i.e responsible/answerable govt)

abolished the East India Company, and transferred the powers of Government, territories and revenues to the British Crown

It changed the designation
of the Governor-General of India to that of Viceroy of India.

It ended the system of double Government by abolishing the
Board of Control and Court of Directors.

created a new office, Secretary of State for India, vested with complete authority and control over Indian administration.

The secretary of state was a member of the British Cabinet and was responsible ultimately to the British
Parliament

It established a 15-member council of India to assist(as an advisory body) the
Secretary of State for India (SOS as chairman)

Lord Canning, thus, became the first Viceroy
of India

Secretary of State-in Council as a body corporate, capable of suing and being sued in India and in
England

click to edit

The Act of 1858 was, however, largely confined to the government overhauling

Government was to be supervised and controlled in England.

it did not alter in any substantial way the system of Government that prevailed in India

Indian Councils Act of 1892

Indian Councils Act of 1861

restoring the
legislative powers to the Bombay and Madras Presidencies
(resulted in the grant of almost complete internal autonomy to
the provinces in 1937) ie-started decentralisation

Viceroy should nominate some Indians as
non-official members of his expanded council

Raja of Benaras,

the Maharaja of
Patiala and

Sir Dinkar Rao

establishment of new legislative
councils for Bengal(1862), North-Western Provinces(1886) and Punjab(1897),

Viceroy to make rules and orders for the
more convenient transaction of business in the council

gave a recognition to the ‘portfolio’ system, introduced
by Lord Canning in 1859.

Under this, a member of the
Viceroy’s council was made in-charge of one or more departments of the Government and was authorised to issue final orders

empowered the Viceroy to issue ordinances, without the
concurrence of the legislative council, during an emergency.(6 months)

increased the number of additional (non-official) members in the Central and provincial legislative councils

Alowed LEG CO to discuss budget & adress ques to Executive

nomination of some non-official members
of the

but
maintained the official majority in them.

‘The act made a limited and indirect provision for the use ofelection in filling up some of the non-official seats both in the Central and provincial legislative councils. The word “election”
was, however, not used in the Act.

(a) Central Legislative Council by the viceroy on the
recommendation of the provincial legislative councils and the Bengal Chamber of Commerce,

(b) that of the provincial
legislative councils by the Governors on the recommendation of the district boards, municipalities,
universities, trade associations, zamin-dars and chambers.

Indian Councils Act of 1909

considerably increased the size of the legislative councils,both Central and provincial.

It enlarged the deliberative functions of the legislative
councils at both the levels.

Also known as Morley-Minto Reforms

Lord Morley was
the then Secretary of State

Lord Minto was the then
Viceroy

Central legislative council was raised from 16 to 60

Numbers in provincial legislative councils was not uniform.

retained official majority in the Central legislative council

allowed the provincial legislative councils to have non-official majority

allowed to ask supplementary questions, move resolutions
on the budget and so on

Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council.(as the law member)

introduced a system of communal representation for
Muslims by accepting the concept of ‘separate electorate

Thus, the Act ‘legalised communalism’ and
Lord Minto came to be known as the Father of Communal electorate

Government of India Act of 1919

separate representation of
presidency corporations, chambers of commerce,universities and zamindars.

also known as Montagu-Chelmsford Reforms

Montagu was the Secretary of State

Lord Chelmsford was the Viceroy

‘dyarchy’ द्वैध शासन

introduced, for the first time, bicameralism and direct
elections in the country

Relaxed the central control over the provinces BUT, the structure of government continued to be centralised and unitary

PROVICIAL SUBJECTS(LIST)

reserved subjects

transferred subjects

CENTRAL SUBJECTS(LIST)

administered by the Governor with the aid of Ministers responsible to the legislative council

to be administered by the Governor
and his executive council without being responsible to the legislative council

Upper House (Council of State)

Lower House
(Legislative Assembly)

It provided for the appointment of a statutory commission to
inquire into and report on its working after ten years of its

The majority of members of both the
Houses were chosen by direct election

its aimed at gradual intro. of responsible
GOI

3 out of 6 members of the Viceroy’s
executive Council (other than the Commander-in-Chief) were to be Indian.


granted franchise to a limited number of people on thebasis of property, tax or education

separate electorates for Sikhs, Indian Christians,Anglo-Indians and Europeans

It created a new office of the High Commissioner for India in London

and transferred to him some of the functions hithertoperformed by the Secretary of State

provided for the establishment of a public servicecommission.

separated budget, for the first time,and authorised the provincial legislatures to
enact their budgets

Central budget

Provincial budgets

Simon Commission
1927(2 years before the schedule)

Communal Award

appointment of a 7-member(all British) statutory commission - chairman -SirJohn Simon


submitted its report in 1930

recommended

continuation of communal electorate

extension of responsible Government in the provinces,

the abolition of dyarchy

British convened
3 round table conferences of the representatives from

British
Government,

British India and

Indian princely states.

establishment of a federation of British India and princely states

a ‘White Paper on Consitutional Reforms’
was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament

The recommendations
of this committee were incorporated (with certain changes) in the next Government of India Act of 1935.

All the members of the commission were British and hence, all the
parties boycotted the commission

Government of India Act of 1935

August 1932, Ramsay MacDonald, the British Prime Minister,
announced a scheme of representation of the minorities,

continued separate electorates for the Muslims, Sikhs, Indian
Christians, Anglo-Indians and Europeans

also extended it to
the depressed classes (Scheduled Castes).

Gandhiji was
distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto
death in Yerawada Jail (Poona) to get the award modified

At last,
there was an agreement between the leaders of the Congress and the depressed classes.

The agreement, known as Poona Pact,
retained the Hindu joint electorate and gave reserved seats to the depressed classes.

Indian Independence Act of 1947

It was a lengthy and detailed
document having 321 Sections and 10 Schedules.

It abolished dyarchy in the provinces and introduced
‘provincial autonomy’ in its place

It further extended the principle of communal representation
by providing separate electorates for

It introduced bicameralism in 6 out of 11 provinces with many
restrictions

It provided for the establishment of an
All-India Federation
consisting of provinces and princely states as units.

divided the powers between the Centre and units in terms of
three lists

Federal List (for Centre, with 59 items)

Provincial
List (for provinces, with 54 items)

Concurrent List
(for both, with 36 items).

Residuary powers were given to the
Viceroy

the federation never came into being as
the princely states did not join it.

The provinces were
allowed to act as autonomous units

responsible
Governments in provinces,the Governor was
required to act with the advice of ministers responsible to the provincial legislature.

but,came into effect in 1937 and was
discontinued in 1939.

provided for the adoption of dyarchy at the Centre.

federal subjects were divided into
reserved subjects and transferred subjects.

did not come into operation at all

Bengal,

depressed classes (Scheduled Castes),

women and

labour (workers).

Bombay,

Assam and

Madras,

Bihar,

the United Provinces

Establishment of

The secretary of state for
India was provided with a team of advisors.

About 10 per cent of the total
population got the voting right

abolished the Council of India, established by the
Government of India Act of 1858.

Provincial Public Service

and Joint Public Service Commission for two or more provinces

Federal Public Service Commission,

Federal Court, which
was set up in 1937.

Reserve Bank of India
to control the currency and credit of the country.

It ended the British rule in India and declared India as an
independent and sovereign state from August 15, 1947

On February 20, 1947, the British Prime Minister Clement Atlee
declared that the British rule in India would end by June 30,1948

after which the power would be transferred to responsible Indian
hands

followed by the agitation by the
Muslim League demanding partition of the country

June 3, 1947, the British Government made it clear that any
Constitution framed by the Constituent Assembly of India cannot apply to those parts which were
unwilling to accept it

Mountbatten, the Viceroy of India, put forth the partition plan,known as the Mountbatten Plan

The plan was accepted by the Congress and the Muslim League

: ✅

It provided for the partition of India

It abolished the office of Viceroy and provided, for each
dominion, a governorgeneral,

appointed by
the British King on the advice of the dominion cabinet.

Government in Britain was to have no
responsibility

empowered the Constituent Assemblies of the two
dominions to frame and adopt any constitution for their respective nations

to repeal any act of the British
Parliament, including the Independence act itself.

It abolished the office of the Secretary of State for India and
transferred his functions to the Secretary of State for Commonwealth Affairs

It granted freedom to the Indian princely states either to join
the Dominion of India or Dominion of Pakistan or to remain independent.

ABOLISHED

British paramountcy over the Indian princely states

treaty relations with tribal areas

office of the Secretary of State for India and
transferred his functions to the Secretary of State for Commonwealth Affairs.

It designated the Governor-General of India and the
provincial governors as constitutional (nominal) heads of the states

the title of Emperor of India from the royal titles of the King of England.

the appointment to civil services and
reservation of posts by the secretary of state for India

members of the civil services appointed before August 15,
1947 would continue to enjoy all benefits that they were entitled to till that time.

They were made to act on the advice of the
respective council of ministers in all matters.

It provided for the governance of each of the dominions and
the provinces by the Government of India Act of 1935, till the new Constitutions were framed

It deprived the British Monarch of his right to veto bills or ask
for reservation of certain bills for his approval

But, this right
was reserved for the GovernorGeneral.

General would have full power to assent to any bill in the
name of His Majesty

created an Executive Council of 4-members to assist him. COUNCIL OF 4 /CALCUTTA COUNCIL

.

private trade

HOW EXECUTIVE SUPREMACY TURNED INTO LEGISLATIVE SUPERMACY

Modi ji got elected as legis. but control execu.

accountibility

CS was very strong and loyal to EIC bcoz till now they needed EIC CoD sponsorship to get admission in Heilybury college of CS

bcoz Viceroy direct reporting to queen

we demanded provincial autonomy got dyarchy(fake provincial autonomy)

first time we got provincial autonomy

SIGNIFICANCE

British decided to regulate EIC

Demarcated the political and administrative function of the company

laid foundation of central administration in india

first such Governor General was
Lord Warren Hastings

WHY THIS ACT

Taking advantages of the dual system of administration by Officials

The total misgovernance in Bengal due to dual form of gov

The gross malpractices of the senior officials of the company.

The company was also facing a financial crisis at this time

Company had applied to the British government for a loan of one million pounds.

Further, the famine of 1770 also reduced the revenue.

The defeat of the company against Mysore’s Hyder Ali in 1769.

Sir Elijah Imphey was the first Chief Justice of the Supreme Court

What were the shortcomings of the Regulating Act of 1773?

It made the governors of Bombay and Madras presidencies
subordinate to the governor-general of Bengal

▪ Veto power of The Governor-General not declared.

▪ The Supreme Court’s powers were not well-defined.

▪ No measure to stop the corruption among the company officials.

▪ There was no mechanism to study the reports sent by the Goveror-General in Council.

WHY

With the enactment of this act British government
intervened directly in the company’s operation.

In the years of 1779-1780, Supreme Court and the Supreme Council got into tussle. Supreme Council put forwarded several reasons such as unlawful operation by the Supreme court.

Along with the Supreme Council, several zamindars, company servants, and others filed similar petitions

Chronology of the development:

Rivalry between the Supreme Court and the Supreme Council started

Supreme Council filed a petition against SC's unlawful operation

As a recognition to the case, Parliament established a committee.(Touchet commitee)

The committee entrusted to investigate the situation

In 1781, the committee presented its much awaiting report

On July 05, 1781, British Parliament passed the Act of Settlement 1781

FEATURES

why

The regulating act proved to be an unsatisfactory document as its failed in its objective.

In January 1784, Prime Minister of England i.e. Pitt the younger introduced the Indian Bill in the British Parliament.

Pitts India Act of 1784 was passed to remove the drawbacks of regulating Act of 1773 by the youngest Prime Minister, Pitt the Younger.

The enactment resulted in joint government in India by Crown in Great Britain and EIC, under which political functions snatched away from the company.

Pitts India Act constitute a significant landmark with regard to the foreign policy of the company-

The company’s territories in India were for the first time called the **‘British possession in India ’

Direct control over company’s affairs and its administration by British Crown in India

why

Cornwallis succeeded Warren Hastings as Governor General in 1786

He  Belonged  to  an  influential  and aristocratic family with wider political connection

He was also a close friend of prime minister Pitt, the younger.

He distinguished himself as a remarkable soldier in the American War of Independence.

After his return from America, he was offered
the Governor General post in India.

COMPANY BECAME POOR

CORRUPTION

In short company was on the brink of
bankruptcy.


In 1773, the company approach the British government for an immediate loan.

officers became rich

The disastrous famine in Bengal in 1770 affected the agriculturists and as a result revenue collection was poor.

diwani

nizamat

The act mandated disclosure of the property by All civil and military officers in India and Britain within two months of their joining

Secretary of State (Board President)

BOC Comprised of 6 members-

Four Privy Councillors

Chancellor of the Exchequer

Change in administrative set-up of GG-Councils

The Governor-General was given the right of veto.

The Governor-General’s council’s strength was
reduced to three members from 4 members


drawbacks of the act

No clarity in the boundaries of control between the BOC and the COD.

The powers of the BOC, COD and the Governor general were subjective and not objective.

The Board of Controls were alleged for favouritism (nepotism).

One of the three would be the Commander-in-
Chief of the British Crown’s army in India.

features

Cornwallis was named Governor-General and Commander-in-Chief.

If the Governor-General or Governor had to utilize the extraordinary power to overturn the majority of the Council, both sides would have to declare their viewpoints on the disputed matter in writing.

The act gave overriding powers to the GG over his council in extraordinary situations.

it recognized and confirmed the powers of the Court of Directors in the appointment of Commander in Chief, Governor-General and the Councillors.

If the Governor-General or Governor finally decided to act on his own, he would be personally liable for any step taken without the Council's approval

charter means

features

More centralization of Power

The company was allowed to raise its dividends to 10%.

5 Lakh British pounds to the British government

Separated revenue administration and judicial functions

Any further acquisition by the company would be done on the behalf of the crown.


For the appointment of the GG, the Governors, and Commander-in-Chief, royal approval mandatory.

The governor-general is empowered to disregard the majority in the Council in special circumstances.

In his absence from Bengal, Governor-general could appoint a Vice President from among the civilian members of his Council.

The composition of the Board of Control changed into a President and two junior members(not necessarily members of the Privy Council).

Barred official leaving from India: Senior company officials could not leave India without permission otherwise it would be considered as a resignation.

"Privilege" or "country" trade: The company was authorized to grant licenses to individuals and company employees to trade in India. 

why

It was aimed at renewing the company’s charter for the next 20 years.

In order to maintained the company's dominance over the British possessions in India, the act was enacted.

A written instrument or contract (such as a deed) executed in due form


A grant or guarantee of rights, franchises, or privileges from the sovereign power of a state or country.

It abolished the trade monopoly of the company in India EXCEPT trade in tea and trade with China.

Napoleon Bonaparte is considered a child of the French Revolution (1789-1799). He introduced a system called ‘Continental System which was the blockade designed by Napoleon to paralyze Great Britain through the destruction of British commerce.

Continental System in Europe forbade the import of British goods into European countries allied with or dependent upon France.

Due to this continental system, British traders suffered a lot and they demanded a share of British trade in Asia and the end of the East India Company's monopoly.

Finally, under the Charter Act of 1813, British merchants were allowed to trade in India under a strict licensing system.

Made compulsory educational investment in India: The Charter Act of 1831 included a provision that Company should invest Rs. 1 Lakh every year on the education of Indians.

Controlling Company’s Revenue Profit: The act regulated the company’s territorial revenues and commercial profits.
The company’s dividend was fixed at 10.5% per annum.

BACKGROUND

The result of the Industrial Revolution showed itself in the coming of Machine Age in Britain. There was a great influx of wealth through export trade.

The laboring class began to agitate for improvement of their economic condition. The liberal movement resulted in the Reform Act of 1832.

The principle of laissez-faire was accepted as the government's attitude toward the industrial enterprise.

laissez-faire

Free Market Competition

Free market will decide How much each product should be produced

Entrepreneurs will decide what to produce

Govt. Should not intervene in the market place

Industrial Revolution 1760-1840

Population Support

Machinery Support

Communication Support

Agri-Productivity

Fertilizers, Farming Machinery, Extensive Crops

Roads, Railways Navigable Rivers

Stem Engine
Raw Material: Coal

Rising of Industrial Labour

Indian Law Commission was established

Macauley was its First Chairman

Vested with Civil and Military Power

His council was called India Council.

Governors of Bombay and Madras lost their legislative powers.

EIC Commercial Activity Ended

EIC Became an administrative body

William Bentick became the first governor- general of India.

The GG in council had the authority to amend, repeal or alter any law British Indian territories

The GG-council was to have four members again, fourth member had limited powers only.

The decision of the GG will prevail at the time of dispute on any matter.

It means monopoly of China trade and trade of tea which it enjoyed with charter act 1813 was ended.

Previously COD of the EIC used to recruit civil servant

COD Follows nomination cum Competition in ICS

After 1833For the first time idea of competition in ICS given through this act

COD nominates four times what needed for the post

Undergo Competition

1/4th of the nominee then be selected.

CHARTER ACT OF 1853


Introduced Open Competition

The act removed restrictions as to religion, colour, caste, and creed Indian Civil Service

It provided for the free participation of Indians in the administration of the country.

It has made merit the only criteria for the selection.

The Charter Act of 1833 attempted to codify laws for the first time

The other three members were J.M. Madeira,
G.W. Anderson, and C.H. Cameron

In 1837, the Macaulay Code or the draft of the Penal Code to the government was then submitted.

The code of civil procedure was introduced in 1859 followed by the Indian penal code in 1860 and the criminal procedure code in 1861

reasons

Favoritism of the towards Bengal as the designation change from GG-Bengal to GG-India

After Charter Act of 1833, cases of undue expenditure by the company came into picture

Demand of decentralization of Power & Indian shares on administration roses significantly

Sindh & Punjab became british territory (1843 & 1849 )

other number of indian states annexed by dalhousie , burma became territory of british

The Act empowered the British Crown to appoint a Law Commission in england

The number of the members of the court of directors was reduced from 24 to 18

This act served as the foundation of the modern parliamentary form of government.

Through this act, law member became a full member of the Governor-General’s Executive Council

Took away the power of Court of Directors for Nomination

For regulation regarding age , qualification etc.

chronology of changes in GG & COUNCIL

Regulating Act of 1773

GG-Bengal

Executive Council with 4 members

Pitts India Act, 1784

GG-Bengal

Executive Council with 3 members

Charter Act of 1833

GG-India

Indian Council with 4 members

Charter Act of 1853

GG-India

Indian Legislative Council with 6 new members

Changes in THE CIVIL SERVICE

CHARTER ACT OF 1833

CHARTER ACT OF 1853

Introduction of Open Competition

Constituted Macaulay Committee 1854

For the first time idea of competition in ICS given
through this act

Introduced an open competition system of selection and recruitment

Took away the power of Court of Directors for Nomination

For regulation regarding age , qualification etc.

Queen Victoria became THE MONARCH of the sovereign of British territories in India, with the title “Empress of India” as a result of this Act. Now onwards, Indian territories of Britain were to be governed in the name of the British Queen

Stanley was selected the First Secretary of State for India

The Viceroy and the Governors of the various presidencies were appointed by the Crown.


Provisions were made for Indians also to be admitted to the Indian civil service.

It was decided that the remaining Indian princes and chiefs would have their independent status provided they accept British suzerainty.

GOVERNMENT STRUCTURE

British Parliament

Secretary of State

Viceroy of India

Governors or Lieutenant Governor

Directly responsible to the British Parliament

All the authority for the governance in India (civil, military, executive & legislative) was vested in Governor General in Councils

Used to mange administration at the provincial level. And Lieutenant also aided by his executive councils

Centralization of power reached its zenith till Charter Act of 1833. Soon, after the 'Revolt of 1857', British Parliament passed 'Government of India Act' 1858 and beginning of decentralization of power started as to end the company rule.


Under the crown rule it was merely possible to establish a government in India without Indian participation. It was a need for the Britishers to get cooperation of the Indians in the administration.

So, the British Parliament passed three acts in 1861, 1892 and 1909 respectively.

Centralization that was started through Regulating Act of 1773 but this act reversed the trend.

Formation of representative institution-

It made a beginning of representative institutions by associating Indians with law- making

The act provided for expansion of Executive Council

The number of its member was raised from 4 to 5

The nomenclature was changed to Imperial Legislative Councils.

The GG had the right of increasing the strength of the council by adding not less than 6 and not more than 12 members.

Viceroy nominated some Indians as non-official members of his expanded council

SOME OTHER CHANGES

As per the Act, there was no distinction between the central and provincial subjects

The Central government dealt with the subjects like public debt, finance, post office, Telegraph etc.

The act authorised GG to divide and alter the limits of any presidency, provinces or territory.

According to the act, GG had the power to appoint lieutenant governors.

DEMANDS OF INDIAN NATIONATIONAL CONGRESS,

  1. Reform in Legislative Councils
    
  1. The principle of election instead of nomination
    
  1. Right to hold discussions on financial matters
    
  1. Simultaneous ICS examination in England and India
    
  1. Opposition to Upper Burma's annexation.
    
  1. Military spending should be reduced
    

IMPORTANCE OF THE ACT

▪ It was the first step towards the beginning of the Parliamentary system.

▪ Members were allowed to debate on budget but barred from asking follow-up questions.

▪ The size of the Legislatures both at the Centre and in the provinces was enlarged.

BACKGROUND

After announcement of the division of Bengal in 1905 by Curzon, there was huge revolt in different places of Bengal. Hindu-Muslim unity was the main feature of the protests.

The demand of Indian National congress was not met through the Indian Councils Act of 1892. INC pressurized the British government for additional reforms and self-Government.

In 1906, Indian National Congress for the first time demanded home rule. Gopal Krishna Gokhale met with Morley to stress the importance of changes.

In October 1906, a group of Muslim elites called the Shimla Deputation, led by the Agha Khan, met Lord Minto and demanded separate electorates for the Muslims.

Soon, British rulers comprehended that there was an urgent need of political reforms. Keeping in view of the above, British Parliament revised the Indian Council Acts of 1861 & 1892.

CHARACTER OF THE ACT

To Curb Nationalistic Feelings

Part of the British Divide & Rule Policy

Development of Communalism among masses

Legislative Councils of Punjab, Burma and Assam – 30 members each

Legislative Councils of Bengal, Madras,
Bombay and United Provinces: 50 eachs

Ex officio members: Governor-General and members of the executive council.

Nominated non-official members: nominated by the Governor-General

Elected members: elected by different categories of Indians.