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Regulating Act 1773

Regulating Act of 1773 was the first landmark in the constitutional development of India. Via this act, the
British Parliament for the first time interfered into affairs of India. The Prime Minister of England at the time
of Regulating Act of 1773 was Lord North.

Administration of East India Company at the time of Regulating Act of 1773

Before we delve into the details of the act, lets understand how the East India Company was managed at that
time. Administration of the East India Company in England was managed by a body of 24 directors called
Court of Directors. This Court of Directors was elected by shareholders of the company on annual basis. The
collective body of these shareholders was called Court of Proprietors. The day to day functioning of the East
India Company were done by the committees of the Court of Directors.

In India, three presidencies were established at Bombay, Madras and Kolkata under a President called
Governor General and his Council or Governor in-council. All the powers were lodged into the Governor-
in-Council and nothing could be transacted without the majority of the votes in the council.

These presidencies were independent of each other and each of them was an absolute government in its own
limits, only responsible to the Court of Directors in England.

Circumstances that led to Regulating Act 1773

The battle of Plassey (1757) and the Battle of Buxar (1764-65) led to firm establishment of territorial dominance
of East India Company in India. At that time, their territories in the country included parts of current states of
Maharashtra, Gujarat, Goa, Karnataka, Tamil Nadu, Orissa, West Bengal, Bihar and Uttar Pradesh.

With these two important wars, the Nawab of Awadh became their ally while Mughal emperor Shah Alam
became their pensioner. Bengal and Bihar came under the dual system of administration of Clive whereby
company got Diwani rights or the Fiscal administration rights while Nizamat (territorial) jurisdiction was with
the puppet nawabs. However, this system had various problems which ultimately led to the Regulating Act
1773. These are as follows:

This system not only created confusion but also left the people hapless against oppression by both
company and nawabs. The British parliament could not remain a mute spectator and thus regulation of
the trading company was necessitated.

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The servants of the company had become corrupt. Many of them retired and took away heaps of wealth to
England and lived like Indian Nawabs, thus correctly nicknamed “English Nawabs” in England. In 1772, a
secret parliamentary committee reported that the servants of the company including Clive had received
large sums, Jagirs etc.

The corruption was so much prevalent that the servants of the company led it on the brink of financial
bankruptcy in early 1770s. Further, the famine of 1770 also reduced the revenue. In August 1772, the East
India Company applied for a loan of One Million Pounds to the British government.

This was enough for the parliament to grab the opportunity, cross examine the doings of the company and its
officials and then enact a legislation to regulate its affairs.

Objectives of the Act

The key objectives of the Regulating Act of 1773 included – addressing the problem of management of company
in India; address the problem of dual system of governance instituted by Lord Clive; to control the company,
which had morphed from a business entity to a semi-sovereign political entity.

Key Provisions

Creation of Office of Governor of the Presidency of Fort William

The presidencies of Bombay and Madras were made subordinate to the Presidency of Calcutta. The Governor of
Bengal was designated the Governor of the Presidency of Fort William and he was to serve as Governor
General of all British Territories in India. This Governor General was to be assisted by an executive council of
four members. As per the act, Office of the Governor-General of the Presidency of Fort William was created in
1773, and on 20 October 1773, Warren Hastings became the first Governor General of India. The members of
the council were Lt. General John Clavering, George Monson, Richard Barwell and Philip Francis. These
members could be removed only by the British Monarch (King or Queen) on representation from Court of
Directors.

Difference between Governor General and Viceroy

Commonly we call Warren Hastings as First Governor General of India. But the official title of Warren
Hastings was the Governor of the Presidency of Fort William. This office became Governor
General of India in 1833 from the times of Lord William Bentinck and in 1858, when India was taken
over by England; it remained Viceroy and Governor-General of India till 1947.

Governors-in-Council of Bombay and Madras were required to pay due obedience to the orders of Governor

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-General of Bengal.

Governor-General in council was given power to make rules, ordinances and regulations. These rules and
regulations were required to be registered with the Supremes court and could be dissolved by the king-in
council within 2 years.

Changes in voting qualifications

This act raised the qualifications for a vote in the Court of proprietors from £ 500 to £ 1000. Further, instead of
the annual elections, the act provided the directors to hold office for four years and a quarter of the number of
being annually re-elected. The Directors were required to submit copies of letters and advices received from the
Governor-General in council.

Establishment of Supreme Court at Calcutta

The regulating act provided for establishment of a Supreme Court of Judicature at Fort William comprising one
chief justice and three other judges. Sir Elijah Imphey was appointed as chief justice of this court. It had
power to try civil, criminal, admiralty cases and it had to be a Court of Record. It was given supreme judiciary
over all British subjects including the provinces of Bengal, Bihar and Orissa. The Supreme Court was also made
to consider and respect the religious and social customs of the Indians. Appeals could be taken from the
provincial courts to the Governor-General-in-Council and from there to King-in-Council.

Increased control over company

East India Company was kept under the Control of the King of England. The system of nominating high
officials of the Company, Judges, Member of the Court of Directors started. The court of directors was also
required to report on company’s revenue, civil, and military affairs in India. The act prohibited receiving of
presents and bribes by the servants of the company. No British subject was to charge interest at a rate higher
than 12 per cent. The Act also settled the salaries of the Governor General, Governors, chief justice and other
judges.

Importance of the Regulating Act

The Act of 1773 recognized the political functions of the company, because it asserted for the first time right of
the parliament to dictate the form of government. It was the first attempt of British government to centralize
the administrative machinery in India. The act set up a written constitution for the British possession in India
in place of arbitrary rule of the company. A system was introduced to prevent the Governor-General from
becoming autocratic.

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This act unequivocally established the supremacy of the Presidency of Bengal over the others. In matters of
foreign policy, the Regulating Act of 1773 made the presidencies of Bombay and Madras, subordinate to the
Governor General and his council. Now, no other presidency could give orders for commencing hostilities with
the Indian Princes, declare a war or negotiate a treaty. It established a supreme court at Fort William, Calcutta
and India’s modern Constitutional History began.

Defects in the Regulating Act 1773: Analysis

The object of the regulating act was good, but system that it established was imperfect. The act was a medley of
inconstancies with numerous deficiencies. Firstly, the act rendered the Governor General powerless before his
colleagues because he had no veto power. This brought difficult times for Warren Hastings. He was outvoted
and overruled for most of the times by the members of his council. Further, come of the members were hostile
towards Warren Hastings. Secondly, the provisions regarding the Supreme Court at Fort Williams were vague
and defective. The law did not mention anything regarding the jurisdiction of the Supreme Court. It also did
not demarcate the lines between powers of Governor and Supreme Court. The actions of the servants of the
company were brought under the Supreme Court but this again tussle between Governor General and the
court. Thirdly, the presidencies of Bombay and Madras continued to act on their discretion on pretext of
emergencies. They also continued wars and alliances without caring in the least bit to Presidency of Bengal.
Fourthly, the parliamentary control ineffective in the sense that there was no concrete arrangements to study
and scrutinized the reports sent by Governor General in council. Lastly, there was nothing in the act which
could address the people of India, who were paying revenue to the company but now were dying in starvation
in Bengal, Bihar and Orissa.

How the defects of the Regulating Act were removed?

Some of these problems were addressed in an amendment of the Regulating Act in the form of Amending Act
1781 and other acts which followed it. The Amending Act of 1781 reduced the powers of Supreme Court much
below Governor General in Council. The Pitts India Act 1784 gave veto power to the Governor General and the
presidencies were made subordinate to the Governor General.

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Pitt’s India Act of 1784

Pitt’s India Act 1784 or the East India Company Act 1784 was passed in the British Parliament to rectify the
defects of the Regulating Act 1773. It resulted in dual control or joint government in India by Crown in Great
Britain and the British East India Company, with crown having ultimate authority. With this act, East India
Company’s political functions were differentiated from its commercial activities for the first time. The
relationship between company and crown established by this act kept changing with time until the Government
of India Act 1858 provided for liquidation of the British East India Company.

Key Provisions of the Pitts India Act

The formal title of the Pitt’s India Act was : “An Act for the better Regulation and Management of the Affairs
of the East India Company and of the British Possessions in India, and for establishing a Court of Judicature
for the more speedy and effectual Trial of Persons accused of Offences committed in the East Indies”.

Board of Control

In political matters, the company was till now working as somewhat sovereign. The Pitts India act made the
company directly subordinate to the British government. For the purpose of Joint Government, a Board of
Commissioners for the Affairs of India called Board of Control was created. This board was made of six
people viz. the Chancellor of the Exchequer, the Secretary of State, and four Privy Councillors nominated by the
King. The Secretary of the State was entitled as the President of the Board of Control. This Board of control
was empowered to control all matters of civil or military government or revenues. The board was given full
access to the company’s records. It had the powers to send Governors to India and full authority to alter them.

Thus, in the dual control, the Company was to be represented by the Court of Directors and the Crown was
represented by the Board of Control.

Alternation in Governor General-in Council

The Governor General’s council was now reduced to 3 members, one of whom was to be the commander-
in-chief of the King’s army in India. This process of reducing number of members from 4 to 3 was to
strengthen the position of the Governor General because now, he was able to get any resolution passed even
with the help of one member in his side. The Governor General was given the right of casting vote, in case the
members present in a meeting of the council shall any time be equally divided in opinion. The Governor
General Council was now under indirect control of the British Government through the Board of Control.

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Greater Powers to Presidency of Calcutta

The Governors of Presidencies of Bombay and Madras were deprived of their independent powers
and Calcutta was given greater powers in matters of war, revenue, and diplomacy, thus Calcutta
becoming in effect, the capital of Company possessions in India.

Secret Committee

There was also a secret committee of the 3 directors, which had to transmit the orders of the Board to India.
This Secret Committee was to work as a link between the Board of control and the Court of Directors.

Disclosing of Property

All civil and military officers of the East India Company were ordered to provide the Court of Directors a full
inventory of their property in India and in Britain within two months of their joining their posts. Severe
punishment was provisioned for corrupt officials.

Failure & Significance of Pitts India Act 1784: Analysis

The Pitt’s India Act was deemed a failure. This was because; very soon it became apparent that the boundaries
between government control and the company’s powers were nebulous and highly subjective. The British
Government felt obliged to respond to humanitarian calls for better treatment of local peoples in British-
occupied territories. The Board of control was alleged for nepotism. The act was a naive one, it divided the
responsibility between the Board of Control, Court of Directors and the Governor General in Council but again
without fixing the clear cut boundaries. The powers fixed were subjective and not objective.

Significance of the Act

The Act was significant for two reasons. Firstly, the company’s territories in India were for the first time called
the ‘British possession in India’ and secondly, British Government was given the supreme control over
Company’s affairs and its administration in India.

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Government of India Act 1858

The Government of India Act 1858, marked the beginning of new chapter in the constitutional history of India.
The Act known as the Act for the Good Government of India, provided for liquidation of East India Company,
and transferred the powers of government, territories and revenues to the British Crown.

Background

The growing resentment in England against the Company rule reached its climax with the mutiny of 1857. The
mutiny was suppressed but it sent ripples of fear to London and convinced the British that administration of
the India must be taken over by the Crown. The British prime Minister, Palmerstone introduced a Bill in 1858
in the parliament for the transfer of Government of India to the Crown. However, before this bill was to be
passed, Palmerstone was forced to resign on another issue. Later, Lord Stanley introduced another bill which
was originally titled as “An Act for the Better Government of India” and it was passed on August 2, 1858. It is
called Government of India Act 1858 or 1858 Act. On September 1, 1858, the court of directors {of East India
Company} held its last solemn assembly and the East India Company issued its last instructions to the servants
in the East; and offered to its sovereign an empire in these words: “Let her Majesty appreciate the gift-let her
the vast country and teeming millions of India under her direct control, but let her not forget the great
corporation from which she has received them, nor the lessons to be learnt from its success”

Abolition of Company Rule

Government of India Act 1858 provided that India was to be governed directly and in the name of the
crown. This act abolished the company rule, abolished the Court of directors and abolished the Board of
control. This act abolished the Dual Government introduced by the Pitt’s India act. The principle of Doctrine of
Lapse was withdrawn, liberty was given to Indian rulers subject to British suzerainty and it also opened some
door for Indians in Government services.

Office of Secretary of State for India

The act provided the Crown will govern India directly through a Secretary of State for India, who was to
exercise the powers which were being enjoyed by the Court of Directors and Board of control. The office of
secretary of state was vested with complete authority and control over Indian administration, thus he was now
the political head of the India. He was also a member of the British cabinet and was responsible ultimately to
the British Parliament.

Lord Stanley was made first Secretary of state for India. He had been earlier the President of the Board of

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Control.

Fact Box: Secretary of State for India and Burma

The first Secretary of state was Lord Stanley, who prior to 2 August 1858, served as President of the Board
of Control. The Secretary of State was now the political head of the India. In 1935, the Government of India
Act 1935 provided a new Burma Office, in preparation for the establishment of Burma as a separate colony,
but the same Secretary of State headed both Departments and was styled the Secretary of State for India and
Burma. The first secretary of state for India and Burma was Lord Dundas. The India Office of the Secretary
of State for India and Burma came to an end in 1947, when we got independence and now the Secretary of
state of India and Burma was left to be Secretary of Burma. Viscount Ennismore was the first and last
Secretary of Burma, as Burma got independence in 1948.

Council of India of Secretary of State

The GOI Act 1858 provided for Council of India of the Secretary of the State. It was to be consisted of 15
members, 7 of them were to be elected by the Court of Directors and the rest of 8 members were to be
appointed by the Crown. More than half the members must have lived in India for 10 years and must not have
left the country more than ten years before the date of appointment. Each member was to be paid £ 1200 a year
out of Indian revenues. Secretary of State of India was empowered to preside at the meetings of the Indian
Council. He was to have a vote and also a casting of vote in case of a tie. He was also empowered to send and

receive secret messages and dispatches from Governor General and was not bound to communicate these to the
Indian Council.

Centralization

The Government of India act established the control of British Parliament over Indian affairs. The members of
Parliament could ask questions from Secretary of State for India regarding Indian administration. The right of
appointment to important offices in India was also vested either in the crown or in the secretary of state of
India-in-Council. The administration of the country was now highly centralized. There was a provision of
creation of an Indian Civil Service under the control of the Secretary of State.

Changes in offices of Governor General and Viceroy

The Secretary of State for India was a cabinet minister in the British Government while his agent in India was
the Governor General in India. Thus, Governor General worked as a representative of the British Government
much like today’s governors work as representatives of the President of India. The Governor-General of India
was responsible for administration of the country.

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Along with this, a new office of Viceroy was created to work as a diplomat to parley with the princely states.

However, it was provided that the both the offices to be held by same person. The objective of having same
person occupy two offices was to avoid any conflict of interest as it used to be between the Governor General
and Chief Justice of Supreme Court of Fort Williams in initial days of East India Company. {Warren Hastings
and Lord Impey used to lock horns then}.

Viceroy was made responsible to Secretary of State for India. Viceroy was to be a direct representative of the
British Crown in India. Lord Canning thus became the first Viceroy of India.

Significance of the Government of India Act, 1858

The Government of India Act 1858 was largely confined to the improvement of the administrative machinery
by which the Indian 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.

Analysis: GOI Act 1858: A formal than a substantial change?

The Government of India Act 1858 was a formal than substantial change. Crown had already steadily
increasing its control over the Company’s affairs since the beginning of its territorial sovereignty. The main
rules under which India was governed before the passing of the Act of 1958 were already those of the British
parliament. The British administrators, including Governor-General, were nominally followed the instructions
of the East India Company. In fact they were strictly following the instructions of the British cabinet with its
Indian Minister who was the President of the board of Control and through them to Parliament. The various
statutes, Charter Acts had already substantially reduced the influence of East India Company.

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Indian Councils Act 1861

The Indian Councils Act 1861 was passed by British Parliament on 1st August 1861 to make substantial
changes in the composition of the Governor General’s council for executive & legislative purposes. The most
significant feature of this Act was the association of Indians with the legislation work.

Reasons for Enactment of Indian Councils Act

The Government of India Act 1858 had introduced significant changes in the manner in which India was
governed from England, however, it did not alter in any substantial way the system of government that
prevailed in India. Further, in the aftermath of the Mutiny of 1857, there was a general perception in England
that it would be very difficult to secure the government in India without the cooperation of Indians in
administration. These were the main reasons behind enacting some legislation which could overhaul the
system of administration in India. Some other reasons were as follows:

Centralized law making was defective

The Charter act of 1833 had centralized the legislative procedures and deprived the governments of Madras and
Bombay of their power of legislation. The idea behind centralizing the law making was secure uniformity of
laws in the whole territory of East India Company but this system proved to be defective. It had only one
representative each of the four provinces and it failed to make laws suiting to local conditions. Thus, there was
need to allow the provinces to make laws for themselves.

Governor General in Council was overburdened

The Governor General in Council was failing in its legislative functions and was not able to work satisfactorily
die to cumbersome procedures leading to delay in enactments.

Absence of representation

It also had no representation of the people in it. There was a growing demand that some representative element
should be introduced in legislative council.

Key Provisions

Expansion of executive council of Governor General / Viceroy

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The executive council of Governor General was added a fifth finance member. For legislative purpose, a
provision was made for an addition of 6 to 12 members to the central executive. At least half of the additional
members were to be non-officials. These members were nominated by the Viceroy for the period of two years.
Further, the Governor General / Viceroy had been given some more powers such as:

He was authorized to nominate a president to preside over the meetings of the Executive council in his
absence.

He had the power of making rules and regulations for the conduct of business of executive council.

He could create new provinces for legislative purposes and to appoint Lieutenant Governors for them. He
was also empowered to alter, modify or adjust the limits of the provinces.

He could promulgate ordinances, without the concurrence of the legislative council, during and
emergency.

Though the central council was empowered to legislate on all subjects concerning all persons and courts in
British India but every bill passed required the assent of viceroy.

He could withhold his assent or exercise his veto power if he felt that the bill affected the safety, peace and
interest of British India.

He had to communicate all laws to secretary of state for India who could disallow them with the assent of
the crown.

Introduction of Portfolio System

The Act empowered the Governor-General to delegate special task to individual members of the Executive
council and hence all members have their own portfolio and death with their own initiative with all but the
most important matters. This was the first beginning of Portfolio system in India.

Process of Decentralization

The Governments of Bombay and Madras were given the power of nominating Advocate-General and not less
than 4 and not more than 8 additional members of the Executive council for purpose of legislation. These
additional members were to hold office for two years. The consent of the Governor and the Governor-General
was made necessary for all legislation passed or amended by the Governments of Madras and Bombay. Further,
the act provided for the establishment of new legislative councils for Bengal, North-Western Frontier Province

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and Punjab, which were established in 1862, 1866, and 1897 respectively.

No distinction between Central and Provincial subjects

No distinction was made between the central and provincial subject. But measures concerning public debt,
finances, currency, post-office, telegraph, religion, patents and copyrights were to be ordinarily considered by
the Central Government.

Critical Examination of the Indian Councils Act 1861

The Act of 1861 was important in the constitutional history because it enabled the Governor-General to
associate the people of the land with work of legislation. And by vesting legislative powers in the Governments
of Bombay and Madras which ultimately culminated in grant of almost complete internal autonomy to the
provinces in the 1937.

However, the legislative councils were merely talk shops with no power to criticize the administration or ask for
some information. Their scope was fixed in legislation purpose alone; they had no right to move some kind of
vote of no confidence. Further, there was no statutory / specific provision for the nomination of Indians.

This nomination power of the Viceroy could be used only to placate the princes who could help the British to
keep their stronghold. Further, the ordinance making power of the Governor General allowed him to make laws
it his own whim. In summary, the Indian Councils Act 1861 failed to satisfy the aspirations of the people of
India.

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Indian Councils Act 1892

Indian Councils Act 1892 was passed by the British Parliament to increase in the size of the legislative councils.
This act marks the beginning of representative form of Government in India.

Background

Indians were gradually becoming aware of their rights with the growth of nationalism. Indian National
Congress had adopted some resolutions in its sessions in 1885 and 1889 and put its demand. The major
demands placed were as follows:

A simultaneous examination of ICS to be held in England and India

Reforms of the legislative council and adoption of the principle of election in place of nomination

Opposition to the annexation of Upper Burma

Reduction in the Military expenditure.

The second demand mentioned above reflected the dissatisfaction of the Indians over the existing system of
governance. The Indian leaders wanted admission of a considerable number of the elected members. They also
wanted a right to discussion on budget matters. Viceroy Lord Dufferin set up a committee. The committee was
given the responsibility to draw a plan for the enlargement of the provincial councils and enhancement of their
status. The plan was drawn, but when it was referred to the Secretary of State for India, he did not agree
to introduction of the Principle of direct election. However, principle of representation by way of indirect
election was accepted with some limitations.

Salient Provisions

The act provided for additional members in the central as well as provincial legislative councils.

Central Legislative Council → minimum 10, maximum 16

Bombay → 8

Madras → 20

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Bengal → 20

North Western province →15

Oudh →15

The powers of the legislative councils was increased. The members could now discuss the budget without
right to vote on it. They were also not allowed to ask supplementary questions.

They could ask questions on domestic matters with prior permission of the Governor General. They were
also allowed to ask questions on public interest.

The Governor General in Council was empowered to make rules for nomination of the members subject to
approval of Secretary of State for India.

A system of indirect elections was introduced to elect the members of the councils. The universities,
district board, municipalities, zamindars and chambers of commerce were empowered to recommend
members to provincial councils.

Functions of the provincial legislative councils were enlarged and they were empowered to make new laws
or repeal the old ones with the prior permission of Governor General.

Governor General was empowered to fill the seat in the case of Central legislative and by the Governor in
the case of provincial legislature.

Critical Appraisal of the Act

The act of 1892 can be said to be a first step towards the beginning of the representative government in India.
However such representation was via only indirect elections and there was nothing for a common Indian. The
system of indirect election prevented direct contact between the public and the representatives. In many ways,
this act also served as a reason behind rise of militant nationalism in coming times. The Congress policy of
petition, prayer and protest was seen as a weakness by the British Government. This was evident from
the following note by BG Tilak: “……political rights will have to be fought for. The moderates think that these
can be won by persuasion. We Think that they can only be obtained by strong Pressure…”

Never the less, the act at least provided the Indians an opportunity to share councils at the highest levels and
thus laid down the foundations of the representative government. The number of Indians was increased in the

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legislative councils. The Act was an important milestone that led to the establishment of parliamentary
government at a larger stage.

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Indian Councils Act 1909 (Morley Minto reforms)

The Indian Councils Act 1909 or Morley-Minto Reforms or Minto-Morley Reforms was passed by British
Parliament in 1909 in an attempt to widen the scope of legislative councils, placate the demands of moderates
in Indian National Congress and to increase the participation of Indians the governance. This act got royal
assent on 25 May 1909.

Background

Though the Indian Councils Act of 1892 had introduced limited representation with indirect elections, it failed
to placate the Indians who were much more conscious of their rights by now. There was a lot of resentment
against reign of Lord Curzon, who had already irked the public by the foolish idea of partition of Bengal. There
was a rise of extremism in the congress. Government, on one hand wanted to suppress the extremists but on
other hand wanted to pacify the moderates. Meanwhile, Gopal Krishna Gokhale went to England and met Mr.
Morley, the Secretary of State for India. Viceroy Lord Minto also emphasised the need of making some reforms.
Both the Viceroy and the Secretary of State for India decided to work out some scheme to reform the
Legislative councils. This culminated as Indian Councils act 1909. The idea was to give locals some more power
in the legislative affairs. A provision was made for the expansion of legislative councils at the both the levels viz.
central as well as provincial.

Salient Provisions

Expansion of the Legislative Councils

The act enlarged the size of the legislative council both Central and Provincial. The number of members in the
Central Legislative Council was raised from 16 to 60. The number in Provincial legislative council was not
uniform. Legislative councils of Bengal , Bombay and Madras was increased to 50 members each. The
provincial legislature of U.P. was to have 50, of Assam, Burma and Punjab 30 each.

Communal Representation

For the first time, the Indian Councils act gave recognition to elective principle for the appointment of
nonofficial members to the councils. However, it introduced separate and discriminatory electorate. The
electorate was decided on the basis of class & community. For the provincial councils a provision of three
categories was made viz. general, special and chambers of commerce. However, for the central council, a fourth
category Muslims was added. This was for the first time that, the seats in the legislative bodies were reserved
on the basis of religion for Muslims. Separate constituencies were marked for the Muslims and only Muslim

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community members were given the right to elect their representatives.

The separate electorate for Muslims had a long lasting impact on India’s polity. It recognized the Muslim
community as a separate section of the India and triggered the cancer of Hindu-Muslim disharmony which
ultimately culminated in the partition.

Under the separate electorates, Muslims could vote exclusively for the Muslim candidates in constituencies
specially reserved for them. The idea was to establish that the political, economic and cultural interests of the
Hindus and Muslims were distinct. The unity between Hindus and Muslims is a illusion and this act sowed the
seeds of the Muslim Communism.

Other Features

The act empowered the members to discuss the budget and move resolutions before it was approved
finally. They were given rights to ask supplementary questions and move resolutions to on matters related
toloans to the local bodies.

The members given right to discuss matters of the public interest however, the house was not binding on
the government.Rules were also framed under the act for the discussion of matters of general public
interest in the legislative councils.

No discussion was permitted on any subject not within legislative competence of the particular legislature
any matter affecting the relations of the Government of India with a foreign power or a native state, and
any matter under adjudication by a court of law.

Critical Analysis of the Act

The Minto-Morley Reforms of 19O9 could not come up to the expectations of the Indians. What the people of
India demanded was that there should be set up a responsible government in the country. But the sacred heart
of the reforms of 1909 was “benevolent despotism” and it was basically a subtle attempt to create a
“constitutional autocracy”.

Further, though non-official majority was given in the Provincial Councils, the practical result was nothing. The
non-official majority was nullified by the fact that it included nominated members. There was no real majority
of those who represented the people.

A shadow rather than substance

The reforms of 1909 afforded no answer and could afford no answer to the Indian political problem. The real

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political solution was lying in complete self-rule and accountable governance but the 1909 Act was only a face
saving device. The position of the Governor- General remained unchanged and his veto power remained
undiluted and the Act was successfully maintained relentless constitutional autocracy. Under such
circumstances narrow franchises, indirect elections, limited powers of the Legislative Councils ushered a
complete irresponsible government. The Act rather added new political problem with the introduction of the
separate electorate system. While the parliamentary forms were introduced, no responsibility was conceded. At
the same time there were no connection between the supposed primary voter and a man who sits as his
representative on the Legislative Council. In such a situation, the political participation, awareness and
education remained a distant dream. In nutshell, it can be said that 1909 Act was ‘the shadow rather than the
substance’.

Merits of Minto-Morley Reforms

Nevertheless, the Minto-Morley Reforms had some of their merits. They mark an important stage in the
growth of representative institution, and one step ahead towards the responsible association of elected Indians
with the administration. Further, it also gave recognition to the elective principle as the basis of the
composition of legislative council for the first time. It gave some further avenues to Indians to ventilate their
grievances. They also got opportunity to criticise the executives and make suggestions for better
administration. The enlargement of the legislatures furthered the demand of complete indianization of the
legislature.

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Government of India Act 1919

Government of India Act 1919 was passed by British Parliament to further expand the participation of Indians
in the Government of India. Since the act embodied reforms as recommended by a report of Edwin Montagu
{Secretary of State for India} and Lord Chelmsford {Viceroy and Governor General}, it is also called as
Montague-Chelmsford Reforms or simply Mont-Ford Reforms. The most notable feature of the act was “end of
benevolent despotism” and introduction of responsible government in India. This act covered 10 years from
1919 to 1929.

Background

Edwin Samuel Montagu had remained the Secretary of State for India between 1917 and 1922. He was a critic
of the entire system by which India was administered. On 20 August 1917, he made a historic declaration in the
House of Commons in British Parliament which is called “Montague declaration”. The theme of this declaration
was increasing association of Indians in every branch of administration and gradual development of self
governing institutions and responsible government in India.

In November 1917, Montague had visited India to ascertain views from all sections of polity including talks with
Gandhi and Jinnah. A detailed report on Constitutional Reforms in India {Mont-Ford Report} was published
on 8th July, 1918. This report became the basis of Government of India Act 1919. Key features of this report
were as follows:

Increasing association of Indians in every branch of administration.

Gradual development of self governing institutions with a view to the progressive realisation of
responsible government in India as an integral part of the British empire.

Progress towards responsible government in successive stages.

Preamble

The Government of India Act 1919 had a separate Preamble. Key points of the preamble were as follows:

India to remain as an integral part of British Empire.

Gradual decentralization of authority with loosening the supreme hold of the central government. Thus,

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the preamble of this act suggested for a decentralized unitary form of government.

The time and manner towards goal of responsible government will be decided by the British Parliament.

Partial responsibility in provinces, but no change in character of the central government.

Introduction of Dyarchy: Reserved and Transferred Subjects

In Government of India Act 1919 the spheres of the central and provincial governments were demarcated by a
division of subjects into “central” and “provincial”. Generally speaking, the central subjects included all
subjects directly administered by the Government of India or in which extra-provincial interests were
dominant. The provincial subjects included subjects in which the interests of the provinces essentially
predominated.

The Dyarchy was for the Provincial Governments. The provincial subjects were divided into two categories viz.
reserved and transferred. The reserved subjects were kept with the Governor and transferred subjects were
kept with Governor acting with the Indian Ministers.

Element of Responsibility in Dyarchy

Dyarchy was a gradual transition from irresponsible to responsible government. The provinces were thought to
be suitable for experimenting with such scheme. Thus, the provincial subjects were divided into reserved and
transferred subjects. The elements of responsibility was as follows:

The members in control of the reserved subjects were made responsible to British parliament through
secretary of state.

The ministers who controlled the transferred subjects were made responsible through the legislative
councils to an Indian electorate.

While subjects such as Land revenue administration, famine relief, irrigation, administration of justice, law and
order, newspapers, borrowing, forests etc. were kept in reserved list; the subjects such as education, public
health & sanitation, public works, agriculture, fisheries, religious endowments, local self governments, medical
services etc. were kept in transferred list.

In other words, the subjects which were considered of key importance for the welfare of the masses and for
maintaining peace and order in the state were classified as reserved, while subjects in which there was more
local interest were treated as transferred.

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Changes in Secretary of State for India

No substantial changes were made in the office of Secretary of State for ZIndia. However, his salary was made a
charged expenditure on British revenue this time. Further, the legislative council got the opportunity to
criticise him at the time of budget.

Changes in Indian Council

The Indian Council was to be made of not less than 8 and not more than 12 members. Half of the members
should have 10 years standing in the Indian public service. Further, their tenure was reduced from seven to five
years; and salary was increased from £1000 to £1200. Also the number of Indians on the council was increased
from two to three.

Governor General’s Executive Council

A provision was made for inclusion of three Indians in the six member Council of the Governor General. The
advocates of Indian high Courts of less than 10 years standing were eligible to be appointed as Law Minister in
the Council. The Indian Councillors were entrusted with only some unimportant departments.

Central Legislature

Via the Government of India Act 1919, a bicameral legislature was set up at centre with two houses viz.
Legislative Assembly and Council of State. This was a primitive model of India’s Lok Sabha and Rajya Sabha.

Legislative Assembly

Legislative Assembly was the lower house with three years as its tenure. It was made of 145 members of which
41 were nominated and 104 were elected. The 41 nominated members included 26 officials and 15 non-officials.
Governor General was authorised to make nominations from Anglo Indians, Indian Christians and Labour to
the legislative assembly to safeguard their interests.

The elected members included 52 General Members, 30 Muslims, 9 Europeans, 7 Landlords, 4 Representatives
of India Community and 2 Sikhs. This means that the distribution of the seats was not based on population but
importance in the eyes of the government.

Council of State

The Council of state of upper house had 60 members of which 33 were elected while 27 were nominated. Out
of the 33 elected members, 16 were general, 11 Muslims, 3 Europeans and 1 Sikh. Out of 27 nominated

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members, 17 were officials and 10 were non-officials. The tenure of Council of State was five years.

Powers of the Assembly and Council

The Legislative Assembly and Council of State enjoyed similar and concurrent powers except in matters of
finance. A bill needed to be passed on both the houses before becoming a law. The budget was presented in
both the houses in same day, however, all other money bills were first introduced in lower house and then in
upper house. Voting on grants could take place only in legislative assembly. Further, if a money bill was passed
by assembly but rejected or returned by the assembly with some amendments, the amendment were not
acceptable to the assembly until so certified by the Governor General.

Financial Powers

The act separated, for the first time, provincial budgets from the Central budget and authorised the provincial
legislatures to enact their budgets. But the financial powers of the central legislature were also very much
limited. The budget was to be divided into two categories, votable and non-votable. The votable items covered
only one third of the total expenditure. Even in this sphere the Governor-General was empowered to restore
any grant refused or reduced by the legislature, if in his opinion the demand was essential for the discharge of
his responsibilities.

Conflict between Legislative Assembly and Council

There were three instruments to resolve the deadlock between the two houses. These instruments were: Joint
Committees, Joint Conferences and Joint Sittings. Joint committees meant to avoid the possibility of deadlock.
Joint Conferences meant to solve the differences by agreeing to a conference of equal number of
representatives of both the houses and Joint Sittings was convened by the Governor as a last resort within six
months of the difference.

Elections and Franchise

Under the Government of India Act 1919, the franchise was restricted. There was no universal franchise, no
adult suffrage and no voting powers for women. The qualifications for voting were as follows:

They should have a property with rental value, taxable income or paid land revenue of at least Rs. 3000 in
a year.

They must have past experience in the legislative council.

They must have membership of university senate.

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They should hold certain offices in local bodies.

They should have some specified titles.

The above qualifications were so much restrictive that there were only 1700 voters for election of 33 members.

Powers of the Governor General

No bill of the legislature could be deemed to have been passed unless assented to by the governor general.
However, the later could enact a Bill without the assent of the legislature. He possessed the power to prevent
the consideration of a Bill or any of its part, on the plea that it was injurious to the peace and tranquillity of the
country. He could disallow a question in the legislature. He had the power to withhold his assent to any bill
passed by the legislature without which it could not become an Act. He also had the power to disallow
an adjournment motion or debate on any matter. He could enact a law, which he considered essential for the
safety and tranquility of the empire even if the legislature had refused to pass it.

Other Important Provisions

The act provided for the establishment of a Public Service Commission in India for the first time.

This act also made a provision in its part V, that a statutory commission would be set up at the end of 10
years after the act was passed which shall inquire into the working into the system of the government. The
Simon commission of 1927 was an outcome of this provision.

The communal representation was extended and Sikhs, Europeans and Anglo Indians were included.
TheFranchise (Right of voting) was granted to the limited number of only those who paid certain
minimum “Tax” to the government.

Critical Assessment

The above description makes it clear that the Government of India Act provided for partial transfer of Power to
the electorate through the system of Dyarchy. It also prepared the ground for the Indian Federalism, as it
identified the provinces as units of fiscal and general administration. But the growing nationalism was not
satisfied. The Act of 1919 had three major defects from the nationalist point of view: (a) absence of responsible
government at the center, (b) separate electorates for different communities. Although the Mont-ford Report
had declared that the separate electorate was a very serious hindrance to the development of the self-governing
principles, yet separate electorate came to be significant feature of the Indian political life. The introduction of
diarchy in the province was too complicated to be smoothly worked.

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Analysis: Merits (despite limitations) of GOI Act 1919

Despite of several limitations, the GOI Act 1919 had some merits. The GOI act 1919 marked the end of the
policy of benevolent despotism, and thus began the genesis of the responsible government in India. It was for
the first time, that elections to the legislatures were known to the people and this created political
consciousness among the masses. However, those people who had a property, taxable income & paid land
revenue of Rs. 3000 were entitled to vote. The number of the Indian in the was raised to 3 in the Governor
General in Council of 8. These Indian members were entrusted to some portfolios such as labor, health and
industry.

It was the GOI Act 1919, whereby, the Indians came in direct contact with administration for the first time. This
was a very useful experience. It was also for the first time that a number of Indian women got the right to
franchise for the first time.

Now, under the Indian ministers , some of the far reaching measures were taken such as enactment of Madras
State Aid to Industries Act, 1923, the Bombay Primary Education act, the Bihar and Orissa village
administration Act, the Bombay local boards act, 1923, etc.

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Government of India Act 1935

Federal Railway Authority

Government of India Act 1935 was passed by British Parliament in August 1935. With 321 sections and 10
schedules, this was the longest act passed by British Parliament so far and was later split into two parts viz.
Government of India Act 1935 and Government of Burma Act 1935.

The Government of India Act 1935 derived material from four key sources viz. Report of the Simon
Commission, discussions at the Third Round Table Conference, the White Paper of 1933 and the reports of the
Joint select committees. This act ended the system of dyarchy introduced by GOI Act 1919 and provided for
establishment of a Federation of India to be made up of provinces of British India and some or all of the
Princely states. However, the federation never came into being as the required number of princely states did
not join it.

Salient Features

Salient Features of the Government of India Act 1935 were as follows:

Abolition of provincial dyarchy and introduction of dyarchy at centre.

Abolition of Indian Council and introduction of an advisory body in its place.

Provision for an All India Federation with British India territories and princely states.

Elaborate safeguards and protective instruments for minorities.

Supremacy of British Parliament.

Increase in size of legislatures, extension of franchise, division of subjects into three lists and retention of
communal electorate.

Separation of Burma from India

All India Federation

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The proposed all India federation included 11 provinces of British India, 6 Chief Commissioners Provinces and
those princely states who might accede to the federation. For princely states, the accession to the Federation
was voluntary. The federation could not be established until:

A number of states, the rulers whereof were entitled to choose not less than half of the 104 seats of the
council of state , and

The aggregate population whereof amounted to be at least one half of the total population of all the Indian
stales had acceded to the federation.

The term on which a state joined the Federation were to be laid down in the Instrument of Accession. Joining
the federation was compulsory for the British Provinces and chief commissioners provinces.

Dyarchy at Centre

Under this act, the executive authority of the centre was vested in the Governor

General on behalf of the Crown. The federal subjects were divided into two fold categories of Reserved and
Transferred subjects. The Reserved list comprised of subjects such as administration of defence, external
affairs, ecclesiastical affairs and matters related to tribal areas. These subjects were to administered by
Governor General in his discretion with the help of three counsellors appointed by him. They were not
responsible to legislative.

The administration of the transferred subjects was to be done by Governor General on advice of the Council of
Ministers whose number could not exceed 10. The council of ministers had to command the confidence of
legislature. However, the Governor General could act on contrary to the advice of the Council of Ministers if
any of his ‘special responsibilities’ was involved in such act. However, in that case {when an act involved special
responsibilities}, the Governor General would work under the control and direction of the Secretary of State.

Further, the Governor General was also responsible for the coordination of work between the two wings and for
encouraging joint deliberations between the counsellors and the ministers.

Federal Legislature

The bicameral federal legislature would be consisted of two houses viz. Council of states and Federal Assembly.

Council of States

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The Council of States was to be upper house and a permanent body with one third of its membership retiring
every 3rd year. It was to be composed of 260 members of which 156 were to be representatives of British India
while 101 of the Indian states.

Representatives of British India

The 150 out of 156 representatives of British India were to be elected on communal basis while six were to be
nominated by Governor General from amongst women, minorities and depressed classes. Further, the seats
which were reserved for Hindus, Muslims and Sikhs had to be filled via direct election while those reserved for
Europeans, Anglo-Indians, Indian Christians and Depressed Classes were to be filled by Indirect election.

Representatives of Princely states

The distribution of the seats among states was on their relative importance and not population. The
representatives of the princely states would be nominated by rulers.

Federal Assembly

The Federal Assembly was the lower house with a tenure of five years. It was to be made of 375 members who
which 250 representatives of British India and not more than 125 members from princely states. While the
seats reserved for princely states were to be filled by nominated members, the provinces were given different
numbers of seats. Election to the Federal assembly was to be indirect. The term of the assembly was five years
but it could be dissolved earlier also.

Provincial Autonomy

The most remarkable feature of the Act was the provincial autonomy. With the abolition of Dyarchy at
provinces, the entire provincial administration was instructed to the responsible ministers who were controlled
and removed by the provincial legislatures.

The provincial autonomy means two things. First, the Provincial Governments were wholly, responsible to the
provincial legislatures and secondly, provinces, were free from outside control and interference in a large
number of matters. Thus, in the provincial sphere, the Act of 1935 made a fundamental departure from the act
of 1919.

The act divided the powers between the Centre and provinces in terms of three list-Federal List (for Centre,
with 59 items), Provincial List (for Provinces, with 54 items), and Concurrent list (for both, with 36 items).
Residuary powers were given to the Viceroy.

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The degree of autonomy introduced at the provincial level was subject to important limitations: the provincial
Governors retained important reserve powers, and the British authorities also retained a right to suspend
responsible government.

Safeguards and Reservations

A controversial feature of the Government of India Act, 1935 was the safeguards and reservations provided in
the Act, would serve as checks and limitations on such undesirable tendencies which might lead to the failure of
the responsible government in India. A plea was given that those safeguards and reservations were necessary
for the interests of the country. They were imposed either on the exercise of powers by the Government of India
on of the states.

Establishment of Federal Court

The Government of India Act, 1935 provided for the establishment of Federal Court to interpret the Act and
adjudicate disputes relating to the federal matters. It provided that the Federal Courts should consist of one
Chief justice and not more than six judges.

The Federal Court was given exclusive original jurisdiction to decide disputes between the Centre and
constituent Units. The provision was made for filing of appeals from High Courts to the Federal Court and from
Federal Court to the Privy Council. The Federal Court also had jurisdiction to grant Special Leave to Appeal and
for such appeals a certificate of the High Court was essential.

Factbox: Abolition of Privy Council

We note here that India retained the right of appeal from the Federal Court to the Privy Council even after
the establishment of the Dominion of India. Then, the Federal Court Enlargement of Jurisdiction Act, 1948
was passed. This Act enlarged the appellate jurisdiction of Federal Court and also abolished the old system
of filing direct appeals from the High Court to the Privy Council. Finally in 1949, the Abolition of Privy
Council Jurisdiction Act was passed by the Indian Government. This Act accordingly abolished the
jurisdiction of Privy Council to entertain new appeals and petitions as well as to dispose of any pending
appeals and petitions. It also provided for transfer of all cases filed before Privy Council to the Federal Court
in India. All powers of the Privy Council regarding appeals from the High Court were conferred to the
Federal Court. Thereafter with the commencement of the Constitution of India in 1950, the Supreme Court
has been established and is serving as the Apex Court for all purposes in India. It hears appeals from all the
High Courts and Subordinate Courts. With this the appellate jurisdiction of the Privy Council finally came to
an end.

Abolition of Indian Council

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It abolished the council of India, established by the Government of India Act of 1858. The secretary of state for
India was provided with a team of advisors in its place.

Extension of Franchise

The act extended the franchise. This act introduced for the first time the direct elections. About 10% of the total
population got the voting rights.

The GOI act 1935 vested the control of Railway in a new authority called Federal Railway Authority, which had
seven members and was free from control of ministers and councillors. The members of this authority reported
directly to Governor General. The idea was to assure the British Stakeholders of the railways that their
investment was safe.

Reorganization of the provinces

The partial reorganization of the provinces included separation of Sind from Bombay, Splitting Bihar and
Orissa into separate provinces, Complete separation of Burma from India, detachment of Aden from India and
establishing as a separate colony.

Separation of Burma

The Government of India Act 1935 contemplated the Federation of the British Indian Provinces and Indian
States. But for Burma, there was a separate set of Events. Burma was proposed to be separated in pursuance of
the recommendation of the Indian Statutory (Simon Commission) whose proposal was accepted in principle by
the Government. Consequently a Burma Round Table Conference was held in London in 1932. In 1935, Burma
Act was passed and separation of Burma actually took place in 1937. The Government of India Act 1935 also
provided a new Burma Office, in preparation for the establishment of Burma as a separate colony, but the same
Secretary of State headed both Departments and was styled the Secretary of State for India and Burma. The
first secretary of state for India and Burma was Lord Dundas.

Implications of the GOI Act 1935

The proposal for setting up of the Federation of India did not materialize because the act proposed that
federation could come into existence only if as many princely states (which had been given option to join or not
to join) were entitled to one half of the states seats in the upper house of the federal legislature. Due to this,
Central Government in India continued to be governed by the provision of the Act of 1919. However, some
parts of the GOI Act 1935 came into force for example : the Federal Bank (The Reserve Bank of India) and the
Federal Court were established in 1935 and 1937 respectively. The other parts of the Act, particularly provincial
Autonomy, came into force on 1st April 1937. The first elections under the Act were also held in 1937.

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What happened to Dominion status?

The Simon commission had promised ‘Dominion Status’ for India in 1929 , but the Government of India Act
did not confer it. This act by providing separate electorates for Hindus, Muslims, Sikhs, Europeans, Anglo
Indians, Indian Christians etc. proved to be further an instrument of disintegrating India. It was over
obstructing and Nehru called it “all breaks, no engine”.

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