constitutional history the acts prior to independence -ppts
TRANSCRIPT
The Charter Acts
• English East India Company constituted
to promote trade with India was firmly
established its domination in India by 160
AD when the Mughals were at the height
of their power and glory. Within a
century the Mughal power became
degenerated and disintegrated.
• The Britishers took advantage of this
situation, tightened their grip over India
with a series of legislations starting with
the Regulation Act of 1773.
• Followed by the Pits India Act 1784, the
Act of 1786, -the Charter Act of 1793,
the Charter Act of 1813,- the Charter
Act of 1833 and the Charter Act of 1853
which passed by the British Parliament.
• The company had established in India
the three presidencies of Madras (now
Chennai), Bombay (now Mumbai), and
Calcutta (now Kolkata).
• As Mughal power declined, these
settlements became subject to increasing
harassment by local princes, and the
company began to protect itself by
intervening more and more in Indian
political affairs
• It had, moreover, a serious rival in the
French East India Company, which under
Joseph François Dupleix launched an
aggressive policy of expansion. The
victories (1751–60) of Robert Clive over
the French made the company dominant
in India, and by a treaty of 1765 it
assumed control of the administration of
Bengal. Revenues from Bengal were used
for trade and for personal enrichment -
• By the East India Act of 1784 the
government assumed more direct
responsibility for British activities in
India, setting up a board of control for
India.
• The company continued to control commercial policy and lesser administration, but the British government became increasingly the effective ruler of India.
• Parliamentary acts of 1813 and 1833 ended the company's trade monopoly. Finally, after the Indian Mutiny of 1857–58 the government assumed direct control, and the East India Company was dissolved.
• To check the exploitative practices of the
company and to gain a share of revenues,
the British government intervened and
passed the Regulating Act (1773), by
which a governor-general of Bengal was
given charge of all the company's
possessions in India. Warren Hastings,
the first governor-general, laid the
administrative foundations for subsequent
British consolidation.
SITUATION BEFORE THE
GOVERNMENT OF INDIA ACT, 1935
CAME INTO BEING
• After the First War of Independence the political control of India passed from the hands of the East India Company to the British Crown. From now on the British Parliament started making legislations directly for the administration of India.
• One of the more important legislations enacted by the British before now was the Indian Councils Act of 1861.
• The Indian Councils Act of 1869
extended the legislative powers of the
Governor- General- in- Council by
authorising it make laws for all native
Indian subjects of Her Majesty in any
part of the world .
• By the Government of India Act of
1870 power was provided to the
Governor- General to legislate in a
summary way for the less developed and
unimportant parts of the country.
• Followed by this, first War of Indian
Independence 1857, the British Parliament
adopted the Government of India Act 1858 by
which the British Government took over the
administration of India.
• As a continuation, the Indian Council Act of
1861 and Indian Council Act 1892 were passed
by the British Parliament for administrative
convenience.
• These and various other legislations were
enacted in this period.
• But these legislations were not adequate
to provide for the needs of the country.
Rather they contrived to keep power in
the hands of the British and fleece the
Indians.
• This led to a growing feeling of
discontent amongst the Indians which
was reflected in the opinions of the
Indian newspapers of the day.
• (Indian Council Act 1909 / Government of
India Act 1909)
• The British Parliament passed the Act of 1909
with much expectation to secure its influence
among the various Indian communities. Lord
Morley, the Secretary of State for India pointed
out that “The Act of 1909 opened a new
chapter in Indian Constitutional reforms”. The
Act of 1909 recommended for
• (i) The inclusion of an Indian members in the
Executive Council of the Governor General
MINTO MORLEY REFORMS
• (i) An enlarged Central legislative
Council
• (i) An enlarged Provincial Legislative
Council
• (iv) It also enlarged the scope of the
subjects to be debated in both Central
Legislative Council and Provincial
Legislative Council
• (v) Communal reservation both for the
Hindus and Muslims
• However, the British government brought
the Act with the intention of rallying to its
side the
Moderates and the Muslims.
• But quite contrary to the expectations, the
discontentment among the people reached
new height and the Government had
resorted to repressive measures.
MONTAGUE-CHELMSFORD
REFORMS (The Act of 1919)
• The Secretary of states for India, Lord
Montague visited India on November 1917 and
discussed his scheme of reforms, with the
Viceroy Lord Minto and Indian leaders. A
committee was constituted consisting of Sir
Wiliam Duke, Earl, B N Basu and Charles
Robert together with the Viceroy Lord
Montague.
• The Government of India Act of 1919
was the latest in a series of acts passed by
the British parliament to define the
structure of government and
administration in Great Britain's chief
colony, India.
• A total of sixteen other Government of
India Acts were passed by Parliament.
The chief purpose of the 1919 act was to
allow the people of India greater
participation in their own government.
• The committee prepared a draft which
was published in July 1918 and is known
as Montagu-Chelmsford Report. On the
basis of this report, the Government of
India Act 1919 was drafted.
The Government of India Act 1919
• The Act embodied the reforms
recommended in the report of the
Secretary of State for India, Edwin
Montagu, and the Viceroy, Lord
Chelmsford.
• The Act covered ten years, from 1919 to
1929.
• The Act of 1919, laid down in its
Preamble the principles on which the
reforms were to be progressively carried
out in India.
• An analysis of the Preamble brings out
hat
• (1) British India is to remain an integral
part of the British Empire.
• (2) Responsible government in British
India is the objective of the declared
policy of Parliament.
• (3) Responsible government is capable
of progressive realization only.
• (4) The increasing association of Indians in every branch of administration.
• (5) Gradual development of self governing institutions.
• (6) It provided independence to Provinces in Provincial maters.
• The Act provided a dual form of government (a "dyarchy") for provinces.
• The significance of the Preamble was that what was already declared by Montague was now given a definite legal shape.
Provisions
Changes in the Central Government
• (1) The number of Indians in the
Governor General’s Executive Council
was raised to 3 in a council of 8
• (2) The new scheme envisaged a division
of subjects into central list and provincial
list
• Matters of administration were first divided between the centre and the provinces and then the provincial subjects were further bifurcated into transferred and reserved subjects.
• The transferred subjects were to be administered by the governor with the help of ministers responsible to the legislative council composed mainly of elected members.
• (3) The Act provided a bicameral
legislature at the centre. The Council of
State (Upper House) Legislative
Assembly (Lower House)
• The Transferred subjects are:
(1) Education, (2) Libraries, (3)
Museums, (4) Local Self-Government,
(5) Medical Relief, (6) Public Health and
Sanitation, (7) Agriculture, (8)
Cooperative Societies, (9) Public Works,
(10) Veterinary, (11) Fisheries, (12)
Excise, (13) Industries, (14) Weights and
Measure, (15) Public Entertainment, (16)
Religion and Charitable Endowments,
etc.
• The reserved subjects were to remain
the responsibility of the governor
and his executive council which was
not responsible to the legislature.
Governor got the power to override
ministers and executive council.
• The Reserved Subjects are:
(1) Land Revenue, (2) Famine Relief, (3)
Justice, (4) Police, (5) Pensions, (6)
Criminal Tribes, (7) Printing Presses, (8)
Irrigation and Waterways, (9) Mines, (10)
Factories, (11) Electricity, (12) Labour
Welfare and Industrial Disputes, (13)
Motor Vehicles, (14) Minor Ports, etc.
Changes in the Provincial
Government
• (1) The Act introduced Dyarchy or dual
government in the Provinces.
• (2)It provided for a Provincial Legislature
called Provincial Legislative Council.
• (3) Strengths of the Provincial Legislative
Council is varied from state to state.
• (4) The scope of the functions enlarged.
• (5) Franchise was widened
• (6) Term of the Provincial Legislative
Council is 3 years but the Governor could
increase or reduce it
Criticism
(1) Though a step was taken toward increasing association of Indians by raising their strengths to three, in a council of eight, the departments assigned to them were comparatively unimportant.
There was also much confusion in the division of subjects.
• (2) The Act of 1919 introduced only a
responsive government, not a responsible
government at the Centre. No vote of
confidence of the Central legislatures
could turn out a member of the Executive
Council and the Governor General and as
such they were irresponsible.
• (3) The Act introduced Dyarchy in the
provinces and during its operation, it
proved to be failure, because the division
of subjects was irrational and illogical.
• Moreover, the position of the Ministers
were weak and they had to serve two
masters-the Governor and the Provincial
Legislative Council at the same time.
• The final crunch in the Provinces were
also put everything in the dock.
Appraisal
Unfortunately the Government of India
Act of 1919 was never given a co-
operative trial.
Right from the beginning, the Indian
National Congress condemned it as
disappointing and unsatisfactory and
launched non-violent, non-co-operation
movement in 1920 for the attainment of
Swaraj or Self Rule.
• However, the first election under Act of
1919 was held in 1920.
• Dyarchy functioned in al the provinces
uninterruptedly from 1921 to 1937 except
in Bengal and Central province when it
tried to be suspended during 1924-27 and
1924-26 respectively.
• World War I was important for India’s
nationalist movement. Indians of all
persuasions overwhelmingly supported
Great Britain and the Allied cause during
the war.
• Nearly 800,000 Indian soldiers plus
500,000 non combatants served in Europe
and the Middle East.
• Communal relations between Hindus and
Muslims took several turns between the
passage of the India Councils Act in 1909
and 1919.
• The reunion of Bengal in 1911 (which
cancelled its partition into two provinces)
pleased the Hindus but antagonized the
Muslims.
• The All-India Muslim League began to
attract younger and bolder leaders, most
notably a brilliant lawyer named
Mohammad Ali Jinnah (1876–1946).
• Similarly Mohandas K. Gandhi (1869–
1948) and Jawaharlal Nehru (1889–1967)
emerged as leaders of the Indian National
Congress.
• Many in India’s Muslim minority became
concerned with the ultimate fate of the
Muslim Ottoman Empire, which fought
in the opposing Central Powers camp.
World War I also aroused both the
congress and the league to demand
significant constitutional reforms from
Britain.
The Chauri Chaura incident.
• Chauri Chaura is a small village in the
Gorakhpur district of Uttar Pradesh. On
5 February 1922, the police stationed
there fired at a group of demonstrators.
• The demonstrators retaliated by
burning down the police station, which
caused the death of twenty-two
policemen.
• Gandhi had all through the movement
emphasized on peace and non-violence.
This incident, deeply hurt him and he
called off the movement. On 10 March
1922, he was arrested and sentenced to
six years imprisonment.
• The national movement during the years
1905-1922 in India turned into a popular
movement largely due to the efforts of
Gandhiji.
• In the following years, he was the person
who symbolized the attempts of the
Indians to secure freedom from British
rule.
• In 1916 they concluded a Congress-League Scheme of Reforms, known as the Lucknow Pact.
• It made wide-ranging demands for greater self-government, equality of Indians with other races throughout the British Empire and Commonwealth (in response to racial discrimination in South Africa and Canada), and greater opportunities for Indians in the armed forces of India.
• In response, the new secretary of state for
India, Edwin Montagu, officially
announced the British government’s
commitment to “the gradual development
of self-governing institutions with a view
to the progressive realization of
responsible government in India” in
August 1917.
• He then toured India, met with Indian
leaders, and together with Viceroy Lord
Chelmsford drafted a Report for Indian
Constitutional Reform in 1918, popularly
called the Montagu-Chelmsford Report.
A modified version of the report was
embodied in the Government of India
Act of 1919.
• The Government of India Act was a
significant advance in India’s freedom
movement. Others included a separate
Indian delegation to the Paris Peace
Conference in 1919, in the same manner
as the self governing dominions (Canada,
Australia, New Zealand, and South
Africa).
• India also became a member of the
League of Nations.
The significance and effect of
government of India Act 1919 –(1) To introduce the bicameral or two
chamber system in the Indian legislative council(2) To increase the size of the provincial legislative council , to increase number of the elected members in each(3) To substitute direct for indirect election(4) To enlarge the electorateThis act applied the principal of communal representation to Muslims, Sikhs, Anglo-Indians, and Indian Christians etc.
• Thus Hindus started to elect Hindus and
Muslims elected Muslims and also there
was communal representation.
• The act of 1919 did not introduce
federalism in India.
Governor General in council got the
power and authority to decide whether a
particular subject was central or
provincial subject
• After the genesis of Acts, Indian Round Table Conferences were held in 1930-1932.
• Through the three Round Table Conferences, British India and the Princely States could be integrated into the federated Dominion of India.
• However, Congress and the Muslims had different opinions on the structure of this federation. "This lack of agreement left the Conservative-dominated British government free to draft legislative proposals (the white paper) in line with its own views.
• After that, the British government let the Joint
Committee, of which the chair was Lord
Linlithgow, to formulate the new Act of India.
The Committee comprised of both members of
the House of Commons and House of Lords
and representatives from British India and the
princely states.
• The Committee came out with the draft Bill on
February 5, 1935 and the House of Commons
reviewed it.
• Finally, the Government of India Act 1935 was
proclaimed in July, 1935
“Government of India Act 1935”
• The “Government of India Act 1935” was
originally passed in August 1935 and is said to
have been the longest (British) Act of
Parliament ever enacted by that time. Because
of its length, the Act was retroactively split by
the Government of India (Reprinting) Act 1935
into two separate Acts:
• The Government of India Act 1935
• The Government of Burma Act 1935
The most significant aspects of the
Act were:
• The grant of a large measure of autonomy to the
provinces of British India (ending the system of
dyarchy introduced by the Government of India
Act 1919).
• Provision for the establishment of a “Federation
of India”, to be made up of both British India and
some or all of the “princely states”.
• The introduction of direct elections, thus
increasing the franchise from seven million to
thirty-five million people.
• A partial reorganization of the provinces:
–Sindh was separated from Bombay.
–Bihar and Orissa were split into
separate provinces of Bihar and Orissa.
–Burma was completely separated from
India.
–Aden was also detached from India,
and established as a separate colony.
–Membership of the provincial
assemblies was altered so as to include
more elected Indian representatives,
who were now able to form majorities
and be appointed to form governments.
–The establishment of a Federal Court.
• However, 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.
• The parts of the Act intended to establish the Federation of India never came into operation, due to opposition from rulers of the princely states.
• The remaining parts of the Act came into force in 1937, when the first elections under the Act were also held
Changes
• I. a) Changes in the Federation and
Government -First of all, the introduction of
federal principle was the most important and
influential feature of the Act.
• Indian Federation was a double process that
comprised previously subordinate provinces
where the autonomy was applied and the
separate princely states bound only by the
consultative Chamber of Princes and by direct
ties with the Crown.
• The next innovative feature was the
introduction of responsible governments in
provinces.
• A system of popular government replaced the
previous diarchy. Chief ministers or premiers
became the effective leaders of provincial
administration and the governors acted on their
advice unless they invaded their reserved
powers.
• The Governor-General also appointed
counsellors who had the similar role to the
members of governors' previous executive
councils.
• The administrative changes had great
influence on the Indian Federation. Several
regions underwent transformations.
• First, Sind was separated from Bombay and
became a separate province.
• A new province of Orissa was formed from the
Orissa division of the former province of Bihar
and Orissa and adjacent portions of the Madras
and Central Provinces.
• Burma was separated from India and enacted
a separate constitution.
I.b) Changes in Legislation
• The Government of India Act 1935 also had
features on its organization and structure of
legislation.
• First of all, It had no preamble, which was
included in the Government of India Act 1919.
• However, there was no need for a preamble in
the Act of 1935, as no new pronouncement of
policy or intentions was required. It meant that
there was no need to enshrine in an Act words
and phrases which would add nothing new to
the declaration of the preamble.
•
There was no Bill of Rights in the Government
of India Act 1935. Because the Federation
would include autocratic Princely States, no
meaningful Bill of Rights could be
formulated.
• Furthermore, the Government of India Act 1935 was the longest bill among the Acts which were passed by the British Parliament. Compared to the constitution of the USA, it had fewer than 8,000 words.
• "The reason for this length was Parliament¡¯s lack of trust of Indians and particularly Indian politicians." The Government of India Act 1935 was closely related to a Dominion Constitution.
• After a few amendments were added, the Government of India Act 1935 could function as the constitutions of both India and Pakistan.
I.c) Changes in other Aspects• The provincial assemblies changed to include
more elected Indian representatives, who in
turn could lead majorities and form
governments.
• But Governors tried to retain powers
concerning the summoning of legislatures,
assenting to bills and administering certain
regions.
• Women also received the franchise which had
the same terms as men.
• "At the Centre, the Governor-General" had the control of the reserved departments, the power of certifying legislation in the form of 'Governor-General's Acts', and the power to issue ordinances with the force of law for six months at a time."
• The safeguards were used to maintain the British government's interests and responsibilities.
• The Act focused on the power of Viceroy, the British colonial Governor-General of India, and governors who could administrate the safeguards.
• Moreover, the governors were discharged of their responsibilities such as the prevention of discrimination, protection of the interests of minorities, and continuance of the administration. Other safeguards carried out their work as preserving the rights of Indian services and their control by the Secretary of State.
The Indian Independence Act 1947
• The Indian Independence Act 1947 was
the legislation passed and enacted by the
British Parliament that officially declared
the Independence of India.
• The Parliament of the United Kingdom
passed the Act which partitioned British
India into two separate and independent
countries, India and Pakistan.
• The legislation of Indian Independence
Act was designed by the Prime Minister
Clement Attlee as Indian Political Parties
agreed on the transfer of power from the
British Government to the independent
Indian Government and the Partition of
India.
• This act received royal assent on 18th
July, 1947.The Agreement was made with
Lord Mountbatten, which was known as
the 3 June Plan or Mountbatten Plan.
The two newly formed countries of India
and Pakistan came into existence from
15th August, in the year 1947.
History of Indian Independence Act
1947•
On 3rd June 1947, a plan was announced that was proposed by the British government which included the following principles: * Principle of Partition of India was approved by the British Government * Successor governments would receive dominion status * Implicit right to secede from the British Commonwealth
• Clement Attlee, the Prime Minister of the United Kingdom, announced on 20th February, 1947 that the British Government would grant full self government to British India latest by June 1948.
• Moreover, the future of Princely States would be decided after the date of final transfer is decided and the Indian Independence Act 1947 was the implementation of June 3 Plan.
• Indian Independence Act was passed in June 1947, which specified the following:
• The British rule of India should be over on the midnight of August 15, 1947.
An independent dominion of India shall be created out of the United Provinces, Central Provinces, Bombay Presidency, Madras Presidency, the Carnatic, East Punjab, West Bengal, Assam and the Northeast Frontier Agency.
The territories of the Andaman and
Nicobar Islands and the Lakshadweep
Islands are also turned over to the Indian
Dominion.
An independent dominion of Pakistan
shall be created out of the provinces of
West Punjab, North West Frontier
Province, Sindh and East Bengal.
The all Princely states that were officially related to British Empire were made free from all the treaties and relationships and they could decide which dominion to join.
Lord Mountbatten thought that if the princely state remained independent within the dominion that may lead to chaos and thus made their accession a necessity of the Indian Independence Act.
Both the Indian and Pakistan Dominions
would be members of the British
Commonwealth and was allowed to leave
whenever they pleased.
Both Dominions of India and Pakistan
were completely self-governing in their
internal affairs, foreign affairs and
national security but the British monarch
will continue to be their head of state,
represented by the Governor-General of
India and a new Governor-General of
Pakistan.
Both Dominions shall convene their
Constituent Assemblies and write their
respective constitutions.
The British monarch shall be permitted
to remove the title of Emperor of India
from the Royal Style and Titles. King
George VI subsequently removed the title
by Order in council on June 22, 1948.
Effects of Indian Independence Act
• After the act was passed, some religion
based riots took place in the nation. The
situation was much violent. The Muslims
had to migrate from the `Would be India`
and Hindus had to migrate from the
`Would be Pakistan`. All of their
possessions and properties were left
behind.
The main provisions of the Indian
Independence Act of 1947 were as
follows:
• I. A. Partition of India:-On 15th August 1947, after the partition of India, two independent kingdoms, India and Pakistan would be established.
• B. Eastern Bengal, Western Punjab, Sindh and North-West Frontier Province would be included in Pakistan.
• C. It was not obligatory on the part of both the nations to accept the membership of the British Commonwealth of Nations. The choice was left to India and Pakistan.
• (II) The title Kaiser-i-Hind awarded to
the British Crown would be abolished
and the post of the Secretary of States for
India would come to an end.
• (III). Legislature Supremacy: Indian
independence act 1947 provides for
legislature supremacy of the two
dominions.
• (IV) Cessation of British Rules: It conceded the complete cessation of the British control over Indian affairs from August 1947.
• (V) Two constitutional assemblies:Indian independence act provide two constitutional assemblies for two dominions. All powers were to be vested in the constituent assembly of each dominion.
• (VI) Right to remain member of British common wealth: Under the Indian independence act the dominions were given full rights to decide whether to remain with the British commonwealth of nations or to come out of it. The native rulers were given the choice to join any State they liked.
• (VII) Interim constitution: Till the framing of the new constitution each of the dominions and all the provinces were to be governed in accordance with the government of India act 1935.
• (VIII) End of the title “Emperor of India”:
The title of "Emperor of India" was to be
dropped from the king of England.
• (IX) Option for Armed and civil servants:
All the civil and army servants were given full
option to join either of dominions. Those who
had joined the civil service before 15th August,
1947 would continue in that service after
independence. They would enjoy the same
privileges and rights relating the remuneration,
leave, pension etc.
• (X) Termination of the Suzerainty of the crown: It provides for termination of suzerainty of the crown over the Indian states. All treaties, agreements, exercisable by his majesty with regards to the states and their rulers were to be lapse from 15th August 1947.
(XI) End of the office of the secretary of states: The office of the secretary of the states for India was to be abolished and his work was to be taken over by the secretary of the state for common wealth affairs.
• (XII) Office of Governor general : It
was provided that for each of the new
dominions there shall be a Governor
General who shall be appointed by his
majesty and shall represent majesty for
the purpose of the Government of the
dominions.
(XIII) Right of dominion state: The
rulers of dominion states were given
option to join either of the dominion
keeping in view the majority of their
population.
• (XIV) Right to amend the Govt. of
India act of 1935: Under the
independence act each dominion was
authorized to amend the government of
India act 1935.
(XV) Agreement with the Tribes:
Agreement with the tribes of the north-
western frontier of India were to be
negotiated by successor dominion.