The Crown Rule (1858-1947)
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Government of India Act of 1858:
Purpose:
- Abolish the East India Company and transfer governance to the British Crown.
Key Features:
Designation Change:
- The Governor-General of India was redesignated as the Viceroy of India.
- The Viceroy was the direct representative of the British Crown in India.
- Lord Canning became the first Viceroy of India.
End of Double Government:
- Abolished the Board of Control and the Court of Directors.
- Ended the dual governance system previously in place.
Creation of the Secretary of State for India:
- Established a new office, Secretary of State for India, with full authority and control over Indian administration.
- The Secretary of State was a member of the British Cabinet and accountable to the British Parliament.
Council of India:
- Formed a 15-member Council of India to assist the Secretary of State.
- The council functioned as an advisory body.
- The Secretary of State was the Chairman of the council.
Significance:
- Marked the beginning of direct British rule in India.
- Centralized administrative control under the British Crown.
- Enhanced accountability of Indian administration to the British Parliament.
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Indian Councils Act of 1861:
Context:
- Aimed to include Indian cooperation in administration.
Key Features:
Representative Institutions:
- Introduced Indian participation in law-making.
- Viceroy to nominate Indians as non-official members of his expanded council.
- In 1862, three Indians were nominated: the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao.
Decentralization:
- Restored legislative powers to Bombay and Madras Presidencies.
- Reversed centralizing trends since the Regulating Act of 1773.
- Laid the groundwork for provincial autonomy, which culminated in 1937.
New Legislative Councils:
- Established councils for Bengal, North-Western Provinces, and Punjab in 1862, 1886, and 1897, respectively.
'Portfolio' System:
- Recognized the portfolio system introduced by Lord Canning in 1859.
- Members of the Viceroy's Council were made in charge of departments and could issue orders on behalf of the council.
Ordinance Power:
- Empowered the Viceroy to issue ordinances without legislative council concurrence during emergencies.
- Such ordinances had a six-month validity.
Significance:
- Marked the beginning of Indian participation in legislative processes.
- Initiated decentralization, enhancing provincial legislative powers.
- Established a system for more effective administrative management through the portfolio system.
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Indian Councils Act of 1892:
Key Features:
Increased Non-Official Members:
- Expanded the number of additional (non-official) members in Central and provincial legislative councils.
- Maintained an official majority in these councils.
Enhanced Legislative Functions:
- Granted legislative councils the power to discuss the budget.
- Allowed legislative councils to address questions to the executive.
Nomination Process:
- Non-official members of the Central Legislative Council were nominated by the Viceroy based on recommendations from provincial legislative councils and the Bengal Chamber of Commerce.
- Non-official members of provincial legislative councils were nominated by Governors based on recommendations from district boards, municipalities, universities, trade associations, zamindars, and chambers.
Indirect Election Provision:
- Introduced a limited and indirect provision for using elections to fill some non-official seats in Central and provincial legislative councils.
- The term "election" was not explicitly used; it was described as nominations made based on recommendations from certain bodies.
Significance:
- The act marked a step towards greater Indian participation in governance.
- Enhanced the legislative councils' role in financial matters and executive accountability.
- Laid the groundwork for future reforms by introducing elements of representative governance, albeit indirectly.
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Indian Councils Act of 1909 (Morley-Minto Reforms):
Key Features:
Increased Legislative Council Sizes:
- Expanded both Central and Provincial legislative councils.
- Central legislative council members increased from 16 to 60.
- Provincial legislative council sizes varied.
Majority Provisions:
- Maintained official majority in the Central Legislative Council.
- Allowed non-official majority in provincial legislative councils.
Enhanced Deliberative Functions:
- Members could ask supplementary questions.
- Members could move resolutions on the budget and other matters.
Association of Indians with Executive Councils:
- For the first time, Indians were associated 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.
Communal Representation:
- Introduced the system of communal representation for Muslims.
- This 'legalised communalism', earning Lord Minto the title 'Father of the Communal Electorate'.
Separate Representation:
- Provided for separate representation of presidency corporations, chambers of commerce, universities, and zamindars.
Significance:
- The act marked a significant step towards involving Indians in the legislative and executive processes.
- Legalised communal representation, setting a precedent for future political developments.
- Increased the legislative councils' powers, enhancing their role in governance and decision-making.
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Indian Councils Act of 1919 (Montagu-Chelmsford Reforms):
Key Features:
Central and Provincial Subjects:
- Classified subjects into central and provincial.
- Devolution Rules allowed the delegation of authority to provinces.
- Central and provincial legislatures could make laws on their respective subjects.
- The government structure remained centralised and unitary.
Dyarchy in Provinces:
- Provincial subjects are divided into transferred and reserved.
- Transferred subjects (e.g., public health, education) managed by the Governor with Ministers responsible to the legislative council.
- Reserved subjects (e.g., police, justice, land revenue) are managed by the Governor and executive council without legislative council responsibility.
Bicameral Legislature and Direct Elections:
- Introduced bicameralism with the Upper House (Council of State) and Lower House (Legislative Assembly).
- The majority of members are elected by direct election.
Inclusion of Indians in Executive Council:
- Required three of six Viceroy's executive Council members (excluding the Commander-in-Chief) to be Indian.
Extended Communal Representation:
- Separate electorates for Sikhs, Indian Christians, Anglo-Indians, and Europeans.
Limited Franchise:
- Franchise based on property, tax, or other qualifications.
High Commissioner for India:
- Created a new office in London for the High Commissioner for India.
Public Service Commission:
- Established the Central Public Service Commission in 1926 for civil servant recruitment.
Separate Provincial Budgets:
- Separated provincial budgets from Central budget.
- Provincial legislatures could enact their budgets.
Statutory Commission:
- Provided for a commission to review the Act’s working after ten years.
Chamber of Princes (Narendra Mandal):
- Proposed establishment of Chamber of Princes, inaugurated in 1921.
- Consisted of 120 members (Princes of 108 states and 12 representatives of other states).
- Headed by the Viceroy, facilitated consultation on matters of common interest.
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Government of India Act of 1935:
Key Features:
All-India Federation:
- Established an All-India Federation with provinces and princely states as units.
- Divided powers into three lists:
- Federal List (Centre, 59 items)
- Provincial List (Provinces, 54 items)
- Concurrent List (Both, 36 items)
- Residuary powers vested in the Viceroy.
Provincial Autonomy:
- Abolished dyarchy in provinces.
- Introduced responsible government.
Dyarchy at the Centre:
- Divided federal subjects into reserved and transferred categories.
Bicameralism in Provinces:
- Introduced bicameral legislatures in six provinces: Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.
Representation:
- Reserved seats for Scheduled Castes.
- Extended special representation to women and labour.
Abolition of Council of India:
- Discontinued the Council of India established by the Government of India Act of 1858.
Franchise Extension:
- Extended voting rights to about 14% of the population.
Reserve Bank of India:
- Established the Reserve Bank of India to control currency and credit.
Public Service Commissions:
- Set up Federal Public Service Commission, Provincial Public Service Commissions, and Joint Public Service Commissions.
Federal Court:
- Established the Federal Court in 1937.
Minority Safeguards:
- Provided safeguards to protect minority interests.
Federal Railway Authority:
- Established to oversee railway administration.
Auditor-General of India:
- Appointed to audit the accounts of the federation and provinces.
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Indian Independence Act of 1947:
Key Features:
End of British Rule:
- Declared India as an independent and sovereign state from August 15, 1947.
Partition of India:
- Created two independent dominions, India and Pakistan, with the right to secede from the British Commonwealth.
Governor-General:
- Abolished the office of Viceroy.
- Each dominion is to have a Governor-General appointed by the British King on the advice of the dominion cabinet.
Constituent Assemblies:
- Empowered to frame and adopt constitutions for their respective nations and repeal any British act.
Legislative Authority:
- Constituent Assemblies to legislate for their territories until new constitutions were enforced.
- British Parliament acts post-August 15, 1947, not applicable unless extended by dominion law.
Abolition of Secretary of State for India:
- Abolished the office of the Secretary of State for India and transferred functions to the Secretary of State for Commonwealth Affairs.
Lapse of British Paramountcy:
- Ended British paramountcy over Indian princely states and treaty relations with tribal areas from August 15, 1947.
Freedom for Princely States:
- Allowed princely states to join India, and Pakistan, or remain independent.
Governance by Government of India Act of 1935:
- Continued governance under the 1935 Act until new constitutions were framed, with modifications allowed.
Veto Powers:
- Deprived the British Monarch of veto power, reserved for the Governor-General.
Constitutional Heads:
- Made Governor-General and provincial governors nominal heads acting on the advice of their councils of ministers.
Royal Titles:
- Dropped the title "Emperor of India" from the King of England.
Civil Services:
- Discontinued appointments and reservation of posts by the Secretary of State for India.
- Ensured civil services members appointed before August 15, 1947, retained their benefits.
Reference: Indian Polity by M Laxmikanth
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