INDIAN COUNCILS ACT 1909
Background
- Why Passed?
- To widen the scope of legislative councils
- To increase participation of Indians in governance
- First Time ->introduced -> method of elections (mainly indirect)
- The earlier Indian Councils Act 1892 :
- provided limited representation and indirect elections
- failed to satisfy Indians
- Public resentment against Lord Curzon’s Idea of Bengal partition
- Rise of extremism in Indian National Congress
- Government needed to pacify the moderates
- Provincial level Associations wanted more Indians in civil services
- To seek non-monopolizing participation of Indians in legislature in order to help enhance British rule
- Shimla Deputation 1906 ->Agha Khan had demanded separate electorates
- 1906
- Liberal Party won
- John Morley became Secretary of State
- Morley wished reforms due to
- armed activities of young nationalists
- Keep moderates away from radicals
- Morley’s judgement was guided by
- Lord Minto -> Viceroy
- H.H. Risley -> Home Secretary
- HH Risely
- opposed territorial representation
- urged representation basis different interests of Indian society
Morley-Minto reforms
- Executive remained under strong British control
- Government’s consultative mode remained unchanged
- Reforms established Indian dominance in provincial, but not central legislative bodies
- House was not binding on Govt
Imp Points
- Morley- Minto Reforms
- Lord Morley –> Secretary of State
- Lord Minto –> Viceroy
- Increased Size of Legislative councils
- Both -> Central & Provincial
- Central Legislative Council -> 16 to 60
- Provincial legislative council -> no uniform increase
- UP, Bengal, Bombay , Madras -> 50 each
- Assam, Burma , Punjab -> 30 each
- The Legislative Councils at Centre & Provinces – to have 4 categories of members:
- Ex officio members:
- Governor-General
- Members of executive council
- Nominated official members:
- Govt officials -> nominated by Governor-General
- Nominated non-official members:
- Non-Govt officials -> nominated by Governor-General
- Ex:
- Indian commercial community
- Punjab Muslims
- Punjab Landholders
- Elected members – From Provincial Legislatures :
- Elected by different categories of Indians
- Elected indirectly
- The local bodies elected an electoral college who would elect members of the provincial legislative councils
- These members, in turn, elected members of Central Legislative Council
- The elected members were from :
- Local Bodies
- Chambers of Commerce
- Landlords
- Universities
- Traders
- Communities
- Muslims
- Indians were given membership to the Imperial Legislative Council for the first time
- Ex officio members:
- Official Majority
- Central Legislative council -> Retained
- Provincial legislative Council -> Nonofficial majority introduced – However, since some of the non-official members were nominated, overall a non-elected majority was present
- Enlarged functions of Legislative councils at both levels
- Right to discuss budget & move resolutions
- Right to ask supplementary questions
- Move resolutions for loans to local bodies
- Right to discuss matters of public interest
- No discussion was allowed on
- subject outside legislative competence
- foreign policy
- Centre – native state relations
- matter under any court
- First time -> Indians in Executive councils of
- Viceroy & Governors
- Satyendra Prasad Sinha -> First Indian to join Viceroy Executive council , as law member
- Separate Electorate
- Muslim members –> to be elected only by Muslim voters
- Lord Minto –> Father of Communal electorate
- For Provincial councils – provision of 3 categories was made
- General
- Special
- Chambers of commerce
- For Central council a 4th category of Muslims was added
- Separate constituencies were marked for Muslims
- Muslims were accorded representation in excess of their population
- Income qualification for Muslim voters was kept lower than that for Hindus
- Separate Representation
- Presidency Corporations
- Chambers of commerce
- Universities
- Zamindars
Critical Analysis:
- The Act gave no answer to Indian political problem and made it clear that government was against introduction of parliamentary or responsible government in India
- Position of Governor- General remained unchanged and his veto power remained undiluted
- Act maintained constitutional autocracy
- Reforms aimed at dividing nationalist ranks by confusing the Moderates
- The Act helped check unity among Indians through separate electorates
- Government aimed at rallying Moderates and Muslims against rising nationalism
- System of election was too indirect
- Most indian members could not use the platform to bring in some major demands and developments, however Gokhale had used the opportunity to debate and demanded universal primary education and drew attention to bad conditions of indentured labour and workers in South Africa
- The non-official majority in provinces was nullified by the presence of nominated members. There was absence of real majority
Merits of Minto-Morley Reforms
- They marked an important stage in further growth of representative institutions
- Allowed responsible association of elected Indians with administration, who could give suggestions
- Reforms gave recognition to elective principle for the first time
- They also provided some avenues to Indians to express their grievances, with opportunity to criticise executives
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