The Permanent Settlement of Bengal

The Permanent Settlement of Bengal was brought into effect by the East India Company
headed by the Governor-General Lord Cornwallis in 1793. This was basically an agreement
between the company and the Zamindars to fix the land revenue. First enacted in Bengal,
Bihar and Odisha, this was later followed in northern Madras Presidency and the district of
Varanasi. Cornwallis thought of this system inspired by the prevailing system of land revenue
in England where the landlords were the permanent masters of their holdings and they
collected revenue from the peasants and looked after their interests. He envisaged the creation
of a hereditary class of landlords in India. This system was also called the Zamindari System.

Background
 Before the British advent in Bengal, there were a class of Zamindars in Bengal, Bihar and
Odisha who collected revenue from land on behalf of the Mughal Emperor or his
representative, the Diwan.
 After the Battle of Buxar in 1764, the East India Company was granted the Diwani of
Bengal. But then the Company found itself not able to collect revenue from the
innumerable number of farmers in rural areas. They also did not have a good
understanding of local laws and customs.
 The severe Bengal famine of 1770 occurred partly due to this neglect by the Company.
 Then, Warren Hastings tried to bring in some reforms like the five-early inspections.
Here, the revenue-collection was awarded through an auction to the person promising the
highest revenue. Due to the dangerous implications and effects of such a system, Hastings
also experimented with annual settlement of land. But this too did not improve
conditions.
 Then, Lord Cornwallis under directions from the then British PM, William Pitt, proposed
the Permanent Settlement system in 1786. This came into effect in 1793, by the
Permanent Settlement Act of 1793.

Features of the Permanent Settlement

 Landlords or Zamindars were recognised as the owners of the land. They were given
hereditary rights of succession of the lands under them.
 The Zamindars could sell or transfer the land as they wished.
 The Zamindars’ proprietorship would stay as long as he paid the fixed revenue at the said
date to the government. If they failed to pay, their rights would cease to exist and the land
would be auctioned off.
 The amount to be paid by the landlords was fixed. It was agreed that this would not
increase in future (permanent).
 The fixed amount was 10/11th portion of the revenue for the government and 1/10th was
for the Zamindar. This tax rate was way higher than the prevailing rates in England.
 The Zamindar also had to give the tenant a patta which described the area of the land
given to him and the rent he had to pay the landlord.

Merits of the Permanent Settlement

 The responsibility of taking care of farmers fell upon the shoulders of the Indian
landlords. Being sons of the soil, they could reach the far corners of the region and also
understand local customs very well.
 Because of the permanent nature of the system, there was a sense of security for
everyone. The company knew the amount it would get in revenue. The landlord also was
assured of the amount. Finally, the farmers also, in lieu of the patta were certain of their
holdings and knew how much rent was to be paid.
 Since the settlement was of a permanent nature, the Zamindars would have an interest in
the improvement in the land thereby improving the revenue.

Demerits of the Permanent Settlement

 The basic demerit of this system was that the efficiency depended upon the nature of the
Zamindars. If they were good, the interests of the farmers and the land were looked after
very well. They would make improvements in the land which would be beneficial to
everyone concerned. But if the landlords were bad, they were negligent of the plight of
the farmers and the conditions of the land.
 This created a class of hereditary landlords forming the upper aristocracy in society who
generally led luxurious and extravagant lifestyles.
 The Zamindars were generally favourable to the British administration and supported the
British even during the freedom struggle. There were exceptions.
 Land assessment was not done properly and land revenue was fixed arbitrarily. This
meant that both productive and unproductive land was expected to furnish revenue at
same rates. This created a burden on the farmers of unproductive land. Also, in case of
productive land, it was a loss of revenue to the government.
 The revenue rates were so high that many Zamindars became defaulters. In time, this
system proved to have disastrous effects. In 1811, the British government warned against
the imposition of permanent settlement without a proper land survey.
 Subsidiary Alliance
Subsidiary Alliance was basically a treaty between the British East India Company and the
Indian princely states, by virtue of which the Indian kingdoms lost their sovereignty to the
English. It also was a major process that led to the building of the British Empire in India. It
was framed by Lord Wellesley, the Governor-General of India from 1798 to 1805. It was
actually used for the first time by the French Governor-General Marquis Dupleix.

Features of the Subsidiary Alliance Treaty

 An Indian ruler entering into Subsidiary Alliance with the British had to dissolve his own
armed forces and accept British forces in his territory.
 He also had to pay for the British army’s maintenance.If he failed to make the payment, a
portion of his territory would be taken away and ceded to the British.
 In return, the British would protect the Indian state against any foreign attack or internal
revolt.
 The British promised non-interference in internal affairs of the Indian state but this was
rarely kept.
 The Indian state could not enter into any alliance with any other foreign power.
 He could also not employ any other foreign nationals other than Englishmen in his
service. And, if he were employing any, on signing of the alliance, he had to terminate
them from his service. The idea was to curb the influence of the French.
 The Indian state could also not enter into any political connection with another Indian
state without British approval.
 The Indian ruler, thus, lost all powers in respect of foreign affairs and the military.
 He virtually lost all his independence and became a British ‘protectorate’.
 A British Resident was also stationed in the Indian Court.

Effects of the Subsidiary Alliance

 As a result of Indian rulers disbanding their armies, many people were rendered
unemployed.
 Many Indian states lost their independence and slowly, most parts of India were coming
under British control.
 The Nizam of Hyderabad was the first to accept the Subsidiary Alliance in 1798.

Order in which Indian States entered into Subsidiary Alliances

i. Hyderabad (1798)
ii. Mysore (1799 – After Tipu Sultan was defeated in the Fourth Anglo-Mysore War)
iii. Tanjore (1799)
iv. Awadh (1801)
v. Peshwa (Marathas) (1802)
vi. Scindia (Marathas) (1803)
vii. Gaekwad (Marathas) (1803)

Great Revolt of 1857

The Great Revolt of 1857 (also Indian rebellion of 1857, the Great uprising of 1857, the
Great rebellion, Indian Sepoy mutiny) is regarded as India’s First War of Independence
against the British rule.

It was the most remarkable single event in the history of India after the establishment of
British rule. It was the result of the century-old British rule in India. In comparison to the
previous uprisings of the Indians, the Great Revolt of 1857 was of a greater dimension and it
assumed almost an all-India character with participation of people from different sections of
the society. This Revolt was initiated by the sepoys of the company. So it has been commonly
termed as `Sepoy Mutiny‘. But it was not simply a revolt of the sepoys.

Historians have realized that it was a great revolt and it would be unfair to call it just a Sepoy
Mutiny. Our historians now call it by various names – ‘Great Rebellion’, ‘First War of Indian
Independence’, etc.

The Revolt

On 29 March 1857, the Indian sepoys of Barrackpore revolted under Habildar Mangal
Pande’s leadership. On 10 May, the Meerut sepoys of the East India Company revolted. The
revolt quickly spread to Delhi, Kanpur, Aligar, Lucknow, Jhansi, Allahabad, Oudh and other
places of north India.

The revolt that was started by the dissatisfied sepoys soon became a general rising against the
British government. It soon became a great challenge to the mighty British power in
India. Lakshmi Bai of Jhansi, Tantia Tope, Kunwar Singh of Bihar, Nana Sahib, the Begum
of Oudh and Ahmadulla of Faizabad were some of the important leaders of this revolt.

Entire north India from Bihar to the Punjab was in arms against the British. The city of Delhi
was captured by the rebels after terrible fighting. Gwalior also was snatched from British
hands. The rebels had declared Bahadur shah the emperor of Hindustan.

Causes
The causes of the Great Revolt of 1857 and Sepoy Mutiny may be studied in the following
heads:
Political cause: Major political cause for the outbreak of the Revolt was the policy of
annexation followed by Dalhousie. On application of the ‘Doctrine of Lapse’ or on the
ground of mis-governance he annexed states after states deploring their rulers. Satara, Jhansi,
Sambalpur, Nagpur, etc. fill victim in his aggressive policy. All these states came under
British rule. In 1856, he captured Oudh on the plea of misrule. He looked the palaces of
Nagpur and Oudh. Not only the ruling house, but also the employees and other dependent
families were deprived of their livings for the policy of Dalhousie. His maltreatment towards
the Mughal emperor Bahadur Shah-II hurt the sentiment of the Muslim community.
Discontinuation of the pension of the Peshwa Nana Sahib shocked the Marathas. This
discontent of royal families, army men and common people jointly exposed in the Great
Revolt of 1857.

Economic cause: The Great Revolt of 1857 was also an outburst of grievances due to the
economic exploitation of the company. India’s traditional economy collapsed as a result of
the British ‘investment’ policies and revenue administration. The company’s trade policy
destroyed Indian handicrafts. Huge numbers of Indians were thrown out of employment. The
British, opened a new avenue of exploitation on the peasants By introducing permanent
settlement. Exploitation of the Zamindars gave rise 10 landless laborers who became restless
by and by. Thus out of discontent the artisans and peasantry joined hands with the sepoys in
the mutiny.

Military cause: The sepoys of the company regiment had been feeling dissatisfied with the
English for various reasons.

1. Thus was a great disparity in salaries between the Indian and European soldiers.
2. The Indian sepoys were treated with contempt by their European officers.
3. The sepoys were sent to distant parts of the empire, but were not paid any extra allowance.
4. Indian sepoys were refused promotion in service as like their European counterparts. Out of
such discontent the Indian sepoys led to a mutiny.

Social cause: The English could not establish any social relationship with the Indians. The
racial arrogance of the British created a difference between the rulers and the ruled.

Enactment of some Acts greatly offended the sentiment of the people. Some of these acts
were taken as deliberate blow at the Hindu religion, custom and right of inheritance.

Direct cause: At that time, Enfield rifles were introduced in the army. The bullets of these
rifles were covered by paper with grease like thing. The Sepoys were to cut the cover by teeth
before using it. The Hindu and Muslim soldiers refused to cut the covers. They protested
against this and were arrested. That ignited the fire.

Under the leadership of Mangal Pandey the agony of the Sepoys exposed at Barrackpore in
Calcutta (March, 1857 A.D.). But the planned revolt started at Meerut (May, 1857 A.D.).
Gradually it spread from Punjab in the north to Narmada in south, from Rajputana in the west
to Bihar in the east. As the revolt was started by the Indian sepoys in the British army, the
revolt became known as Sepoy mutiny. When the sepoys of Meerut reached Delhi there was
huge upsurge. They declared old Mughal Emperor Bahadur Shah as the Badshah of India. He
was accepted as the symbol of Hindu-Muslim unity. With the outbreak of mutiny among
Sepoys common men joined the revolt. Farmers and artisans put further force behind the
mutiny. The second reason for this mass revolt was the unity among the Hindus and Muslims.
On observing this historians thought that, up to this period there was no communal feelings
among the masses.

End of the Revolt

The British government came out with all the powers to suppress the revolt. The sepoys
fought the battle with their limited strength for four months. Then, the sepoys had to retreat.
On 25th September British troops regained Delhi. Bahadur Shah was arrested. Nana
Saheb lost the battle of Kanpur. His commander Tantia Topi continued the fight up to April,
1859 A.D. and surrendered to the British force. Lakshmi Bai of Jhansi lost her life in the
battleground. Kunwar Singh, Bakht Khan of Bihar, Bahadur Khan, Moulavi Ahmed of
Faizabad lost their lives one after the other. By the end of 1859 A.D. the British power was
reestablished in troubled areas.

Reason of failure of the revolt

There were several reasons behind the failure of this revolt.

1. There was no central organization of the sepoys. There was no unified action also. Bahadur
Shah, Nana Saheb, Lakshmi Bai, no one had acceptance as a real leader. They had different
goals and times again they had contradictions.
2. The British had a huge number of forces. New groups of soldiers were sent to India after the
end of Crimean war. Fresh army men came from Singapore. As a result of these, in the middle
of the revolt the strength of the British force was doubled. The chance of a win became remote.
3. The sepoys had no improved arms with them. On the other hand, the British force had huge
and improved armory. They could not match improved guns and rifles with their old model
musket, spears and sword. So the defeat was almost certain.
4. Further the leaders of this revolt could not get the support of several native states like Holker,
Scindia and Rajput sardars and kings. They supported the British. Educated middle-class
people also were behind the British power.

Nature of the Great Revolt of 1857

There are differences of opinions amongst historians about the character of this great revolt.
Some historians are of opinion that the revolt in the North-Western province was a lawless
revolt by a group of sepoys.

On the other hand, some historians believe that it was more than just a sepoy mutiny as it had
a large mass base. Though in the beginning it was like sepoy mutiny, but later on it turned out
to be a real mass upsurge.

Karl Marx in his several essays described this revolt as nationalist fight for independence.
Marxist writers looked at this event as uprising of peasants against feudal system of
exploitation. V.D. Savarkar, the great revolutionary, described this revolt as the first struggle
for independence. M.N. Roy said that it was the reaction of the feudal against capitalism.
On the centenary of the great revolt Dr. Ramesh Chandra Majumder wrote and published a
book entitled ‘Sepoy Mutiny’ and ‘Revolt of Eighteen Fifty Seven’. Dr. Majumder thought
that this was nothing but a revolt of the sepoy. He also said that in some places few non-
military persons came out in support of the sepoys but they were local landlords, talukdars
and feudal leaders. In his opinion it was nothing better than feudalistic reaction of the revolt.

But many historians are of opinion that the Great movement of 1857 A.D. cannot be termed
as narrow, isolated and reactionary. The sepoys established a symbol of Hindu-Muslim unity
by electing Bahadur Shah as the Emperor of India. In the Ajamgarh declaration a call was
given to people of all classes of mass to unite against the British rule. It may be righty that
they had no idea about national government, but nationalism was there. So it can be called a
national movement.

Also read: Nature of Revolt of 1857 in India

Importance and Outcome of the Great Revolt of 1857

It can be said that the great revolt of 1857 A.D. was a failure, but was not fruitless.

1. United Effort: From this revolt, we can have a picture of India’s struggle for keeping the
rights. There were several revolts before this, but there was no feeling of Indian-ness in those
revolts. The revolt of 1857 A.D. was a collected effort of different sections of people.

2. Awakening of Peasants class: The peasants joined this revolt which was out and out
against the British. This was unique.

3. Development of National Feeling: Dr. K. M Panikkar wrote that though the sepoys had
limitations and weaknesses, but their efforts to make India free from British rule
was patriotic work and a progressive step. If we do not consider any historical event on the
basis of its success then the revolt of 1857 A.D. was never a tragedy. Even inspite of failure
that served a great purpose, it was a source of inspiration in India’s freedom struggle.

4. End of Company Rule: The political result of this great revolt was the end of company’s
rule in India. By a new act introduced in the British Parliament British government took the
charge to rule India. From then onward a Viceroy as a representative of British King ruled
India.

5. Queen’s proclamation: The Queen’s Proclamation showered many promises in 1858

A.D. Government service was promised irrespective of cast, religion and on the basis of merit
only. Ill framed “doctrine of lapse” of Lord Dalhousie was cancelled. New recruitment policy
of the army men was announced to see that they could not organize any revolt. In the
important positions of the government no native people (Indian) was given any chance.
Causes of the Rise of Indian National
Movement
The rise of a national consciousness in India took place towards the latter half of the
19th century only. Before that, there were struggles and battles against British colonialism but
they were all confined to smaller areas and in any case, did not encompass the whole of India.
In fact, some scholars at the time did not consider India to be a country. Though political
union had occurred in the past under great kings like Ashoka and Akbar and under the
Marathas to an extent, they were not permanent. However, cultural unity was always seen
and foreign powers always referred to the subcontinent as India or Hind as being one entity,
despite being ruled by many rulers.
It can be said that the national movement, with the political and social emancipation of the
people as its aim, arose in India in 1885, with the formation of the Indian National Congress.
Causes of the rise of the national movement in India
 Western education
Macaulay had instituted a western educational system in India with the sole aim of creating a
class of educated Indians who could serve their colonial masters in administration of the
‘natives’. This idea sort of backfired because it created a class of Indians who became
exposed to the liberal and radical thoughts of European writers who expounded liberty,
equality, democracy and rationality. Also, the English language united Indians from various
regions and religions.

 Vernacular languages
The 19th century also saw the revival of vernacular languages. This helped the propagation of
the ideas of liberty and rational thought to the masses.

 End of the old social order

British imperialism put an end to the old social order of the country. This was resented by
many Indians.

 Socio-religious reform movements

Socio-religious reform movements of the 19th century helped a great deal in the rise of
nationalism in India. These movements sought to remove superstition and societal evils
prevalent then, and spread the word of unity, rational and scientific thought, women
empowerment and patriotism among the people. Notable reformers were Raja Ram Mohan
Roy, Ishwar Chandra Vidyasagar, Jyotiba Phule and so on.

 Economic policies of the British

The oppressive economic policies of the British led to widespread poverty and indebtedness
among the Indians especially farmers. Famines which led to the deaths of lakhs were a
regular occurrence. This led to a bitter sense of suppression and sowed the seeds of a
yearning for liberty from foreign rule.
 Political unity
Under the British, most parts of India were put under a single political set-up. The system of
administration was consolidated and unified throughout in all regions. This factor led to the
feeling of ‘oneness’ and nationhood among Indians.

 Communications network
The British built a network of roads, railways, post and telegraph systems in the country. This
led to increased movements of people from one part of the country to another and increased
flow of information. All this accelerated the rise of a national movement in India.

 Growth of the modern press

This period also saw the rise of the Indian press, both in English and in the regional
languages. This also was an important factor that helped in the dissemination of information.

 Lord Lytton’s policies

Lord Lytton was the Viceroy of India from 1876 to 1880. In 1876, there was a famine in
south Indian which saw the deaths of almost 10 million people. His trading policies were
criticised for having aggravated the famine. Also he conducted the grand Delhi Durbar in
1877 spending huge amount of money at a time when people were dying of hunger.
Lytton also passed the Vernacular Press Act 1878 which authorised the government to
confiscate newspapers that printed ‘seditious material’. He also passed the Arms Act 1878
which prohibited Indians from carrying weapons of any kind without licenses. The act
excluded Englishmen.

 Legacy of the Revolt of 1857

After the Revolt of 1857 and its bitter crushing by the British, there was a deep racial tension
between the British and the Indians.

 Ilbert Bill controversy

In 1883, the Ilbert Bill was introduced which gave Indian judges the power to hear cases
against European, by the then Viceroy Lord Ripon and Sir Courtenay Ilbert, the legal advisor
to the Council of India. But there was a huge outcry against this bill from Britishers in India
and in Britain. Arguments made against this bill displayed the deep racial prejudice the
English had for Indians. This also exposed the true nature of British colonialism to the
educated Indians.

 National movements outside the country

There were many national movements outside the country that inspired the Indian nationalists
like the French Revolution, the American War of Independence and so on.
Non-Cooperation Movement
The non-cooperation movement was launched on 1st August 1920 by the Indian National
Congress (INC) under the leadership of Mahatma Gandhi. It signified a new chapter in the
history of Indian freedom struggle.
Features of the non-cooperation movement
 The movement was essentially a peaceful and non-violent protest against the British
government in India.
 Indians were asked to relinquish their titles and resign from nominated seats in the local
bodies as a mark of protest.
 People were asked to resign from their government jobs.
 People were asked to withdraw their children from government-controlled or aided
schools and colleges.
 People were asked to boycott foreign goods and use only Indian-made goods.
 People were asked to boycott the elections to the legislative councils.
 People were asked not to serve in the British army.
 It was also planned that if the above steps did not bring results, people would refuse to
pay their taxes.
 The INC also demanded Swarajya or self-government.
 Only completely non-violent means would be employed to get the demands fulfilled.
 The non-cooperation movement was a decisive step in the independence movement
because for the first time, the INC was ready to forego constitutional means to achieve
self-rule.
 Gandhiji had assured that Swaraj would be achieved in a year if this movement was
continued to completion.

Causes of the non-cooperation movement

 Resentment at the British after the war: Indians thought that in return for the extensive
support of manpower and resources they had provided to Britain during the First World
War, they would be rewarded by autonomy at the end of the war. But the Government of
India Act passed in 1919 was dissatisfactory. In addition, the British also passed
repressive acts like the Rowlatt Act which further angered many Indians who felt
betrayed by the rulers despite their wartime support.
 Home Rule Movement: The Home Rule Movement started by Annie Besant and Bal
Gangadhar Tilak set the stage for the non-cooperation movement. The extremists and the
moderates of the INC were united and the Lucknow Pact also saw solidarity between the
Muslim League and the Congress Party. The return of the extremists gave the INC a
militant character.
 Economic hardships due to World War I: India’s indirect participation in the war caused
a lot of economic hardships to the people. Prices of goods began to soar which affected
the common man. Peasants also suffered because the prices of agricultural products did
not increase. All this led to resentment against the government.
 The Rowlatt Act and the Jallianwala Bagh massacre: The repressive Rowlatt Act and
the brutal massacre at Jallianwala Bagh, Amritsar had a profound effect on the Indian
leaders and the people. Their faith in the British system of justice was broken and the
whole country rallied behind its leaders who were pitching for a more aggressive and firm
stance against the government.
 The Khilafat Movement: During the First World War, Turkey, which was a German ally,
had fought against the British. After Turkey’s defeat, the Ottoman caliphate was proposed
to be dissolved. The Khilafat movement was launched by Muslims in India to persuade
the British government not to abolish the caliphate. The leaders of this movement
accepted the non-cooperation movement of Gandhiji and led a joint protest against the
British.

Suspension of the non-cooperation movement

 Gandhiji called off the movement in February, 1922 in the wake of the Chauri Chaura
incident.
 In Chauri Chaura, Uttar Pradesh, a violent mob set fire to a police station killing 22
policemen during a clash between the police and protesters of the movement.
 Gandhiji called off the movement saying people were not ready for revolt against the
government through ahimsa. A lot of leaders like Motilal Nehru and C R Das were
against the suspension of the movement only due to sporadic incidents of violence.

Results and significance of the non-cooperation movement

 Swaraj was not achieved in one year as Gandhiji had told.
 However, it was a truly mass movement where lakhs of Indians participated in the open
protest against the government through peaceful means.
 It shook the British government who were stumped by the extent of the movement.
 It saw participation from both Hindus and Muslims thereby showcasing communal
harmony in the country.
 This movement established the popularity of the Congress Party among the people.
 As a result of this movement, people became conscious of their political rights. They
were not afraid of the government.
 Hordes of people thronged to jails willingly.
 The Indian merchants and mill owners enjoyed good profits during this period as a result
of the boycott of British goods. Khadi was promoted.
 The import of sugar from Britain reduced considerably during this period.
 This movement also established Gandhiji as a leader of the masses.

Quit India Movement

Facts
 Also known as the India August Movement or August Kranti.
 It was officially launched by the Indian National Congress (INC) led by Mahatma Gandhi
on 9 August 1942.
 The movement gave the slogans ‘Quit India’ or ‘Bharat Chodo’. Gandhi gave the slogan
to the people – ‘Do or die’.
 In line with the Congress ideology, it was supposed to be a peaceful non-violent
movement aimed at urging the British to grant India independence.
 The Quit India Resolution was passed by the Congress Working Committee on 8 August
1942 in Bombay. Gandhi was named the movement’s leader.
 The resolution stated the provisions of the movement as:
1. Immediate end to British rule over India.
2. Declaration of the commitment of free India to defend itself against all kinds of
imperialism and fascism.
3. Formation of a provisional government of India after British withdrawal.
4. Sanctioning a civil disobedience movement against British rule.
 Gandhi’s instructions to various sections of the public:
1. Government servants: do not resign your job but proclaim loyalty to the INC.
2. Soldiers: be with the army but refrain from firing on compatriots.
3. Peasants: pay the agreed upon rent if the landlords/Zamindars are anti-government; if
they are pro-government, do not pay the rent.
4. Students: can leave studies if they are confident enough.
5. Princes: support the people and accept sovereignty of them.
6. People of the princely states: support the ruler only if he is anti-government; declare
themselves as part of the Indian nation.

Why was it launched?

 The Second World War had started in 1939 and Japan, which was part of the Axis
Powers that were opposed to the British in the war were gaining onto the north-eastern
frontiers of India.
 The British had abandoned their territories in South-East Asia and had left their
population in the lurch. This act did not garner much faith among the Indian population
who had doubts about British ability to defend India against Axis aggression.
 Gandhi also believed that if the British left India, Japan would not have enough reason to
invade India.
 Apart from hearing news about British setbacks in the war, the war-time difficulties such
as high prices of essential commodities, fostered resentment against the British
government.
 The failure of the Cripps Mission to guarantee any kind of constitutional remedy to
India’s problems also led to the INC calling for a mass civil disobedience movement.

Response
 The British government responded to the call of Gandhi by arresting all major Congress
leaders the very next day. Gandhi, Nehru, Patel, etc. were all arrested. This left the
movement in the hands of the younger leaders like Jayaprakash Narayan and Ram
Manohar Lohia. New leaders like Aruna Asaf Ali emerged out of the vacuum of
leadership.
 Over 100000 people were arrested in connection with this movement. The government
resorted to violence in order to quell the agitation. They were mass floggings and lathi
charges. Even women and children were not spared. About 10000 people died in police
firing in total.
 There was no communal violence.
 The INC was banned. Its leaders were jailed for almost the whole of the war. Gandhi was
released on health grounds in 1944.
 The people responded to Gandhi’s call in a major way. However, in the absence of
leadership, there were stray incidences of violence and damage to government property.
Many buildings were set on fire, electricity lines were cut and communication and
transport lines were broken.
 Some parties did not support the movement. There was opposition from the Muslim
League, the Communist Part of India (the government revoked the ban on the party then)
and the Hindu Mahasabha.
 The League was not in favour of the British leaving India without partitioning the country
first. In fact, Jinnah asked more Muslims to enlist in the army to fight the war.
 The Communist party supported the war waged by the British since they were allied with
the Soviet Union.
 Subhas Chandra Bose, was by this time, organising the Indian National Army and the
Azad Hind government from outside the country.
 C Rajagopalachari, resigned from the INC since he was not in favour of complete
independence.
 In general, the Indian bureaucracy did not support the Quit India Movement.
 There were strikes and demonstrations all over the country. Despite the communist
group’s lack of support to the movement, workers provided support by not working in the
factories.
 In some places, parallel governments were also set up. Example: Ballia, Tamluk, Satara.
 The chief areas of the movement were UP, Bihar, Maharashtra, Midnapore and
Karnataka. The movement lasted till 1944.

Significance/what it achieved?
 Despite heavy-handed suppression by the government, the people were unfazed and
continued their struggle.
 Even though the government said that independence could be granted only after the end
of the war, the movement drove home the point that India could not be governed without
the support of the Indians.
 The movement placed the demand for complete independence at the top agenda of the
freedom movement.
 Public morale and anti-British sentiment were enhanced.

The Government of India Act 1919

The Government of India Act 1919 was an act of the British Parliament that sought to
increase the participation of Indians in the administration of their country. The act was based
on the recommendations of a report by Edwin Montagu, the then Secretary of State for India,
and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional
reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford reforms.

Main provisions of the Government of India Act 1919

Provincial government
 Executive:
o Dyarchy was introduced, i.e., there were two classes of administrators – Executive
councillors and ministers.
o The Governor was the executive head of the province.
o The subjects were divided into two lists – reserved and transferred.
o The governor was in charge of the reserved list along with his executive councillors.
The subjects under this list were law and order, irrigation, finance, land revenue, etc.
o The ministers were in charge of subjects under the transferred list. The subjects
included were education, local government, health, excise, industry, public works,
religious endowments, etc.
o The ministers were responsible to the people who elected them through the
legislature.
 o These ministers were nominated from among the elected members of the legislative
council.
o The executive councillors were not responsible to the legislature unlike the ministers.
o The Secretary of State and the Governor-General could interfere in matters under the
reserved list but this interference was restricted for the transferred list.
 Legislature:
o The size of the provincial legislative assemblies was increased. Now about 70% of
the members were elected.
o There were communal and class electorates.
o Some women could also vote.
o The governor’s assent was required to pass any bill. He also had veto power and
could issue ordinances also.

Central government
 Executive:
o The chief executive authority was the Governor-General.
o There were two lists for administration – central and provincial.
o Provincial list was under the provinces while the centre took care of the central list.
o Out of the 6 members of the Viceroy’s executive council, 3 were to be Indian
members.
o The governor-general could issue ordinances.
o He could also certify bills that were rejected by the central legislature.
 Legislature:
o A bicameral legislature was set up with two houses – Legislative Assembly
(forerunner of the Lok Sabha) and the Council of State (forerunner of the Rajya
Sabha).
o Legislative Assembly (Lower House)
o Members of the Legislative Assembly:
 o
o The nominated members were nominated by the governor-general from Anglo-
Indians and Indian Christians.
o The members had a tenure of 3 years.
 Council of State (Upper House)
o Only male members with a tenure of 5 years.
o Members of the Council of State:
 o
 The legislators could ask questions and also vote a part of the budget.
 Only 25% of the budget was subject to vote.
 Rest was non-votable.
 A bill had to passed in both houses before it became a law.
 There were three measures to resolve any deadlock between both the houses – joint
committees, joint conferences and join sittings.
 Governor-General
o The governor-general’s assent was required for any bill to become a law even if both
houses have passed it.
o He could also enact a bill without the legislature’s consent.
o He could prevent a bill from becoming law if he deems it as detrimental to the peace
of the country.
o He could disallow any question, adjournment motion or debate in the house.

Who could vote?

 Franchise was restricted and there was no universal adult suffrage.
 Voters should have paid land revenue of Rs.3000 or have property with rental value or
have taxable income.
 They should possess previous experience in the legislative council.
 They should be members of a university senate.
 They should hold certain offices in the local bodies.
 They should hold some specific titles.
 All this narrowed the number of people who could vote to an abysmal number.

Indian Council
 There were to be at least 8 and a maximum of 12 members in the council.
 Half of the members should have ten years of experience in public service in India.
 Their tenure was to be 5 years.
 Their salaries were increased from £1000 to £1200.
 There were to be 3 Indian members in the Council.

Other salient features

 This act provided for the first time, the establishment of a public service commission in
India.
 The act also provided that after 10 years, a statutory commission would be set up to study
the working of the government. This resulted in the Simon Commission of 1927.
 It also created an office of the High Commissioner for India in London.

Merits of the Government of India Act 1919

 Dyarchy introduced the concept of responsible government.
 It introduced the concept of federal structure with a unitary bias.
 There was increased participation of Indians in the administration. They held some
portfolios like labour, health, etc.
 For the first time, elections were known to the people and it created a political
consciousness among the people.
 Some Indian women also had the right to vote for the first time.

Limitations of the Government of India Act 1919

 This act extended consolidated and communal representation.
 Franchise was very limited. It did not extend to the common man.
 The governor-general and the governors had a lot of power to undermine the legislatures
at the centre and the provinces respectively.
 Allocation of the seats for the central legislature was not based on population but the
‘importance’ of the province in the eyes of the British.
 The Rowlatt Acts were passed in 1919 which severely restricted press and movement.
Despite the unanimous opposition of Indian members of the legislative council, those
bills were passed. Several Indian members resigned in protest.

Government of India Act 1935

The Government of India Act was passed by the British Parliament in August 1935. It was
the longest act enacted by the British Parliament at that time. So, it was divided into two
separate acts namely, the Government of India Act 1935 and the Government of Burma Act
1935.
Background
 There was a growing demand for constitutional reforms in India by Indian leaders.
 India’s support to Britain in the First World War also aided in British acknowledgment of
the need for the inclusion of more Indians in the administration of their own country.
 The Act was based on:
o Simon Commission Report
o The recommendations of the Round Table Conferences
o The White Paper published by the British government in 1933 (based on the Third
Round Table Conference)
o Report of the Joint Select Committees
Provisions
Creation of an All India Federation
 This federation was to consist of British India and the princely states.
 The provinces in British India would have to join the federation but this was not
compulsory for the princely states.
 This federation never materialised because of the lack of support from the required
number of princely states.
Division of powers
 This Act divided powers between the centre and the provinces.
 There were three lists which gave the subjects under each government.
i. Federal List (Centre)
ii. Provincial List (Provinces)
iii. Concurrent List (Both)
 The Viceroy was vested with residual powers.
Provincial autonomy
 The Act gave more autonomy to the provinces.
 Diarchy was abolished at the provincial levels.
 The Governor was the head of the executive.
 There was a Council of Ministers to advise him. The ministers were responsible to the
provincial legislatures who controlled them. The legislature could also remove the
ministers.
 However, the governors still retained special reserve powers.
 The British authorities could still suspend a provincial government.
Diarchy at the centre
 The subjects under the Federal List were divided into two: Reserved and Transferred.
 The reserved subjects were controlled by the Governor-General who administered them
with the help of three counsellors appointed by him. They were not responsible to the
legislature. These subjects included defence, ecclesiastical affairs (church-related),
external affairs, press, police, taxation, justice, power resources and tribal affairs.
 The transferred subjects were administered by the Governor-General with his Council of
Ministers (not more than 10). The Council had to act in confidence with the legislature.
The subjects in this list included local government, forests, education, health, etc.
 However, the Governor-General had ‘special powers’ to interfere in the transferred
subjects also.
Bicameral legislature
 A bicameral federal legislature would be established.
 The two houses were the Federal Assembly (lower house) and the Council of States
(upper house).
 Federal assembly had a term of five years.
 Both houses had representatives from the princely states also. The representatives of the
princely states were to be nominated by the rulers and not elected. The representatives of
British India were to be elected. Some were to be nominated by the Governor-General.
 There were to be separate electorates for the minority communities, women and the
depressed classes.
 Bicameral legislatures were introduced in some provinces also like Bengal, Madras,
Bombay, Bihar, Assam and the United Provinces.
Federal court
 A federal court was established at Delhi for the resolution of disputes between provinces
and also between the centre and the provinces.
 It was to have 1 Chief Justice and not more than 6 judges.
Indian Council
 The Indian Council was abolished.
 The Secretary of State for India would instead have a team of advisors.
Franchise
 This Act introduced direct elections in India for the first time.
 About 10% of the whole population acquired voting rights.
Reorganisation
 Sindh was carved out of Bombay Presidency.
 Bihar and Orissa were split.
 Burma was severed off from India.
 Aden was also separated from India and made into a Crown colony.
Other points
 The British Parliament retained its supremacy over the Indian legislatures both provincial
and federal.
 A Federal Railway Authority was set up to control Indian railways.
 The Reserve Bank of India was established as per this Act.
 The Act also provided for the establishment of federal, provincial and joint Public Service
Commissions.

Assessment
 The Act was a milestone in the development of a responsible constitutional government
in India.
 The Government of India Act 1935 was replaced by the Constitution of India after
independence.
 The Indian leaders were not enthusiastic about the Act since despite granting provincial
autonomy the governors and the viceroy had considerable ‘special powers’.
 Separate communal electorates were a measure through which the British wanted to
ensure the Congress Party could never rule on its own. It was also a way to keep the
people divided.

The Regulating Act of 1773

The Regulating Act was passed in the British Parliament in June 1773. It was the first
parliamentary ratification and authorization defining the powers and authority of the East
India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
 The East India Company was in severe financial crisis and had asked a loan of 1 million
pounds from the British government in 1772.
 Allegations of corruption and nepotism were rampant against company officials.
 There was a terrible famine in Bengal where a huge population perished.
 The Dual form of administration instituted by Robert Clive was complex and drawing a
lot of complaints. According to this system, the company had Diwani rights (obtained
after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and
policing rights) as secured from the Mughal Emperor. In reality, both powers were were
 vested with the company. The farmers and the general population suffered as their
improvement was neglected and the company was only concerned with maximising
revenue.
 Lawlessness increased in Bengal.
 The defeat of the company against Mysore’s Hyder Ali in 1769.

Provisions of The Regulating Act

 This act permitted the company to retain its territorial possessions in India but sought to
regulate the activities and functioning of the company. It did not take over power
completely, hence called ‘regulating’.
 The act provided for appointment of a Governor-General along with four Councillors in
the Presidency of Fort William (Calcutta), jointly called the Governor-General in
Council.
 As per this, Warren Hastings was appointed as the Governor-General of the Presidency of
Fort William.
 The Governors in Councils at Madras and Bombay were brought under the control of
Bengal, especially in matters of foreign policy. Now, they could not wage war against
Indian states without Bengal’s approval.
 The company directors were elected for a period of five years and one-fourth of them
were to retire every year. Also, they could not be re-elected.
 The company directors were directed to make public all correspondence on revenue, civil
and military matters with Indian authorities before the British authorities.
 A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the
first Chief Justice. Judges were to come from England. It had civil and criminal
jurisdiction over the British subjects and not Indian natives.

Drawbacks of The Regulating Act

 The Governor-General had no veto power.
 It did not address the concerns of the Indian population who were paying revenue to the
company.
 It did not stop corruption among the company officials.
 The Supreme Court’s powers were not well-defined.
 The parliamentary control that was sought in the activities of the company proved to be
ineffective as there was no mechanism to study the reports sent by the Governor-General
in Council.

The Charter Act 1853

The Charter Act 1853 was passed in the British Parliament to renew the East India
Company’s charter. Unlike the previous charter acts of 1793, 1813 and 1833 which renewed
the charter for 20 years; this act did not mention the time period for which the company
charter was being renewed. This Act was passed when Lord Dalhousie was the Governor-
General of India.
Provisions of the Charter Act 1853
 Governor-General’s office
1. The Law member (fourth member) became a full member with the right to vote.
2. The Legislative Council which had six members now had 12 members.
 3. The 12 members were: 1 Governor-General, 1 Commander-in-Chief, 4 members of
the Governor-General’s Council, 1 Chief Justice of the Supreme Court at Calcutta, 1
regular judge of the Supreme Court at Calcutta, and 4 representative members drawn
from among the company’s servants with at least 10 years tenure, appointed by the
local governments of Bengal, Bombay, Madras and North Western Provinces.
4. The Governor-General could nominate a vice president to the council.
5. The Governor-General’s assent was required for all legislative proposals.
 The Court of Directors could create a new presidency or province. This was because of
the difficulties that were faced in administering the increasingly large Indian territories of
Britain.
o Since 1833 and 1853, two new provinces of Sind and Punjab were added.
o It could also appoint a Lieutenant Governor for these provinces. In 1859, a Lt.
Governor was appointed for Punjab.
o This Act also led to the creation of Assam, Burma and the Central Provinces.
 The Act provided for the appointment of a separate governor for the Bengal
Presidency. It maintained that the governor of Bengal should be different from the
Governor-General who was to head administration of the whole of India.
 The number of Board of Directors was reduced from 24 to 18 out of which 6 people
were to be nominated by the British Crown.
 Indian Civil Services
0. Macaulay Committee of 1854 gave India her first civil services.
1. This act removed the right of patronage to appointments in civil service held by the
Court of Directors.
2. Appointment was to be done only by open competition based on merit and was open
to all.
3. The report recommended that only the ‘fittest’ be selected to the ICS.

Features of the Charter Act 1853

 For the first time, the legislative and executive functions of the Governor-General’s
council were separated.
 This act served as the foundation of the modern parliamentary form of government. The
legislative wing of the Governor-General’s Council acted as a parliament on the model of
the British Parliament.
 It extended the company’s rule for an indefinite period unlike the previous charter acts.
Thus, it could be taken over by the British government any time.
 Company’s influence was further reduced by this act. The Board of Directors now had 6
members who were Crown-nominated.
 It gave birth to the Indian civil services and was open to all including Indians. This ended
the system of appointments by recommendation and started a system of open and fair
competition.
 For the first time, local representation was introduced into the legislative council in the
form of four members from the local governments of Bengal, Bombay, Madras and North
Western Provinces.
Indian Councils Act 1861
The Indian Council’s Act 1861 was an act of the British Parliament that made significant
changes in the Governor-General’s Council.
Provisions of the Indian Councils Act 1861
 For the executive functions of the Council, a fifth member was added. Now there were
five members for home, military, law, revenue and finance. (A sixth member for public
works was added in 1874.)
 Lord Canning, who was the Governor-General and Viceroy at the time, introduced the
portfolio system. In this system, each member was assigned a portfolio of a particular
department.
 For legislative purposes, the Governor-General’s Council was enlarged. Now, there were
to be between 6 and 12 additional members (nominated by the Governor-General).
 There were appointed for a period of 2 years. Out of these, at least half of the additional
members were to be non-official (British or Indian).
 Their functions were confined to legislative measures.
 Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of
Benares, the Maharaja of Patiala and Sir Dinkar Rao.
 Any bill related to public revenue or debt, military, religion or foreign affairs could not be
passed without the Governor-General’s assent.
 The Viceroy had the power to overrule the council if necessary.
 The Governor-General also had the power to promulgate ordinances without the council’s
concurrence during emergencies.
 The Secretary of State for India in Britain could also dissolve any act passed by the
Governor-General’s Council.
 This Act restored the legislative powers of the Governor-in-Councils of the Presidencies
of Madras and Bombay (which was taken away by the Charter Act of 1833).
 The legislative council of Calcutta had extensive power to pass laws for the whole of
British India.
 There was provision made for the formation of legislative councils in other provinces.
New provinces could also be created for legislative purposes and Lieutenant Governors
be appointed for them. Legislative councils were formed in other provinces in Bengal in
1862, North West Frontier Province in 1886 and Punjab and Burma in 1897.

Assessment of the Indian Councils Act 1861

 The legislative council had limited role. It was chiefly advisory. No discussion on finance
was permitted.
 Even though Indians were nominated, there was no statutory provision for the inclusion
of Indians in it.
 It allowed for the decentralisation of administration with the vesting of legislative power
to the presidencies of Bombay and Madras.
 The power of ordinance given to the governor-general gave him absolute powers.
Indian Councils Act 1892
The Indian Councils Act 1892 was an act of the British Parliament that increased the size of
the legislative councils in India.

Background
 The Indian National Congress (INC) was formed in 1885. There was a growing feeling of
nationalism and this led the INC to put forth some demands to the British authorities.
 One of their demands was the reform of the legislative councils.
 They also wanted the principle of election instead of nomination.
 The INC also wanted the right to hold discussions on financial matters which was
hitherto not allowed.
 The Viceroy at the time Lord Dufferin set up a committee to look into the matter. But the
Secretary of State did not agree to the plan of direct elections. He, however, agreed to
representation by way of indirect election.

Provisions of the Indian Councils Act 1892

 The act increased the number of additional or non-official members in the legislative
councils as follows:
o Central Legislative Council: 10 – 16 members
o Bengal: 20 members
o Madras: 20 members
o Bombay: 8 members
o Oudh: 15 members
o North Western Province: 15
 In 1892, out of 24 members, only 5 were Indians.
 The members were given the right to ask questions on budget (which was barred in the
Indian Councils Act 1861) or matters of public interest but had to give a notice of 6 days
for it.
 They could not ask supplementary questions.
 The principle of representation was initiated through this act. The district boards,
universities, municipalities, chambers of commerce and zamindars were authorised to
recommend members to the provincial councils.
 The legislative councils were empowered to make new laws and repeal old laws with the
permission of the Governor-General.

Assessment of the Indian Councils Act 1892

 It was the first step towards a representative form of government in modern India
although there was nothing in it for the common man.
 The number of Indians was increased and this was a positive step.
 However, since the British conceded only little, this act led indirectly to the rise of
militant nationalism in India. Many leaders like Bal Gangadhar Tilak blamed the
Congress’s moderate policy of petitions and persuasions for a lack of positive
developments and called for a more aggressive policy against British rule.
Warren Hastings
Facts
 Warren Hastings (1732 – 1818) became the first Governor of the Presidency of Fort
William (Bengal) in 1772 and the first Governor-General of Bengal in 1774 till he
resigned in 1785.
 He started his career as a writer (clerk) in the East India Company at Calcutta in 1750.
 In 1758, he became the British resident at Murshidabad, the capital of Bengal, after Mir
Jafar was installed as the Nawab after the Battle of Plassey.
 During his term, the second Anglo-Mysore and the first Anglo-Maratha wars were
fought.
 The Regulating Act of 1773 was passed during his term.
 He supported Sir William Jones in forming the Asiatic Society of Bengal in 1785.

Reforms of Warren Hastings

Abolition of the Dual System

 Hastings abolished the Dual System that had been established by Robert Clive. In the
Dual System, the company had Diwani rights (rights to collect revenue) and the Nizam or
Indian chiefs had the administrative authority.
 The Nawab’s annual allowance of Rs.32 lakh was reduced to Rs.16 lakh.
 The annual tribute paid to the Mughal Emperor was also stopped.
Revenue Reforms

 For revenue collection, a Board of Revenue was set up at Calcutta.

 Treasury was moved from Murshidabad to Calcutta. Calcutta became Bengal’s capital in
1772.
 British collectors were appointed for each district and an Accountant General was also
appointed.
 Unreasonable fines were done away with and restrictions were placed on the raising of
rent.
Judicial Reforms

 The judicial powers of the Zamindars were abolished.

 Civil and criminal courts were established. Two appellate courts were established at
Calcutta, one for civil (Sadar Diwani Adalat) and one for criminal (Sadar Nizamat
Adalat) cases.
 The criminal court was to have an Indian judge.
 Muslims were to be tried according to their law in the Koran and Hindus, according to
Hindu laws. A code of Hindu Law, prepared by Hindu Pandits was translated into
English.
 He also came down heavily on the dacoits in Bengal.
Trade Regulations

 Hastings abolished the system of dastaks which were misused by company officials and
traders earlier.
 He enforced a uniform tarrif of 2.5% for Indian and foreign goods.
 Private trade by company officials was restricted.
Indian Councils Act, 1909 :
Its major provisions included the following-
(i) This Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of
State for India and Lord Minto was the then Viceroy of India).
(ii) It considerably increased the size of the legislative councils, both Central and provincial.
The number of members in the Central Legislative Council was raised from 16 to 60. The
number of members in the provincial legislative councils was not uniform.
(iii) It retained official majority in the Central Legislative Council but allowed the provincial
legislative councils to have non-official majority.
(iv) It enlarged the deliberative functions of the legislative councils at both the levels. For
example, members were allowed to ask supplementary questions, move resolutions on the
budget, and so on.
(v) It provided (for the first time) for the association of Indians with the executive Councils of
the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the
Viceroy’s Executive Council. He was appointed as the law member.
(vi) It introduced a system of communal representation for Muslims by accepting the concept
of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim
voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the
Father of Communal Electorate.
(vii) It also provided for the separate representation of presidency corporations, chambers of
commerce, universities and zamindars.

Federal Court of India

The Government of India Act, 1935 changed the structure of the Indian Government
from “Unitary” to that of “Federal” type. The Distribution of powers between the
Centre and the Provinces required the balance to avoid the disputes which would be
arisen between the constituent units and the Federation.

The system of Federation clearly demanded the creation of a Federal Court which
would have jurisdiction over the States as well as the Provinces. Federal Court
functioned only for 12 years.

It was the highest Court in India. Over it, there was Privy Council. But to approach
the Privy Council required huge expenses to the litigants’ Hence the establishment of
the Federal Court was made necessary.

It saved the time, expenses to the litigants. It was also a convenience to the Indians.
Therefore, the Federal Court lessened the work load of the Privy Council, and
gradually it occupied the position of Privy Council. Lastly, in the place of Federal
Court, the Supreme Court of India has been established on 25-1-1950.
Establishment:
Section 200 of the Government of India Act, 1935 provided for the establishment of
Federal Court in India. On 1 -10-1937, the Federal Court was inaugurated at Delhi.
Sir Mauric Gwyer was the First Chief Justice of the Federal Court. It was a Court of
Record.

Appointment of Judges:
Judges and the Chief Justice were to be appointed by His Majesty. They were to
lode office till the age of 65 years. His Majesty was empowered to remove any Judge
from his office on the grounds of misbehavior or infirmity of mind or body, on the
recommendation of the judicial committee of the Privy Council.

Qualifications:
Qualifications required for a judge are-

i. 5 years experience as a Judge of a High Court; or

ii. 10 years standing as an advocate or barrister; or

iii. 10 years standing Court.

Salary:
The Judges of the Federal Court were entitled such salaries and allowances and to
such rights in respect of leave and pensions, as were laid down by His Majesty from
time to time.

Jurisdiction of the Federal Court:

The Federal Court got three kinds of jurisdictions

i. Original;

ii. Appellate; and

iii. Advisory.

i. Original Jurisdiction:
The Original Jurisdiction was confined to disputes between Units of the Dominion or
between the Dominion and any of the units. The private individuals had no right to
sue any Dominion before the Federal Court.
Ii. Appellate jurisdiction:
The Federal Court exercised appellate jurisdiction in constitutional cases under the
Act of 1935. Its appellate jurisdiction was extended to civil and criminal cases. On
the same principles and jurisdiction the Supreme Court of India was established.

An appeal from any judgment, decree or final order of a High Court would be
entertained by the Federal Court, if the High Court certified that the case involved a
substantial question of law as to the interpretation of the Act of 1935 or any other Act
and law. The certificate was a condition precedent to every appeal.

iii. Advisory Jurisdiction:

The Federal Court was empowered to give advisory opinion to the Governor-
General, whenever a question of law had arisen or is likely to arise which is of such a
nature and of such public importance that it was expedient to obtain the opinion of
the Federal Court upon it. The Court after such hearing as it thinks fit report to the
Governor- General thereon.

Authority of Federal Court:

The High Courts were subordinate to Federal Court. The law declared by the Federal
Court and any judgment of the Privy Council will be binding on all the courts in British
India. Expansion of

Jurisdiction:
From 1937 to 15-8-1947, the Federal Court entertained only the appellate jurisdiction
in constitutional cases. After Independence Act, 1947, the Federal Court was
empowered to have the appellate jurisdiction in civil and criminal matters also. But at
the same time, geographical area was reduced, as the Pakistan was separated.

Abolition of Federal Court:

The abolition of the Privy Council Jurisdiction Act 1949 severed the connection of
Privy Council with Federal Court with effect from 15-12-1949 by the Act of 1949,
“Period of golden Age of Federal Court” began when lasted till the establishment of
the Supreme Court of India on 26-1-1950.

Conclusion:
Federal Court worked for a short period of 12 years. But it left a permanent work and
mark on the legal history of India. It was the First Constitutional Court. It was also the
First All-India Court of extensive Jurisdiction.
During the period of 1937 to 1950, two English and 6 Indian Justices performed their
services. All of them got the rare distinction of being the Federal Court of India. They
maintained the noble traditions.

They contributed a great deal to the establishment of sound federal judiciary in India.
They also built up great traditions of independence, impartiality and integrity which
were inherited by its successor the Supreme Court of India.

Privacy Council of India

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Privacy Council is one of the unique courts of law in the whole world. Once upon a
time, it extended almost one-fifth of the human race, and one-third or geographical
area of the world.
Its jurisdiction extended to various Dominions, Colonies and Plantations. It was
concerned almost with every known system of jurisprudence and with judicial
institutions of every type and with every kind of disputes. The Privy Council was the
supreme appellate authority for India October, 1949.

History:
The Normal Kings ruled over England with the advice of a Council, called the King’s
Court. The officials of King’s Court gradually divided into two groups, (i) Major group;
and (ii) Minor Group.

The Major Group consisted a large body and they used to meet on fixed occasions
by general summons. They used to make laws and decide disputes. This Major
group was the origin of “House of Lords” in England.

The small body consisted of Royal officials to assist the King in the discharge of the
various functions of Government-Legislative, administrative and judicial. This smaller
body later on became as “Privy Council”.

Appeals to Privy Council:

In 17th Century some appeals were preferred to King-in -Council as a last resort. As
the British Empire gradually grew, the burden on King-in-Council had been
increased. The number of the appeals had been increased year-by-year.
There were several statutes made up in different colonies and dominions. Appeals
made under such statutory provisions came to be known as “Appeals as of Right”.

This did not exhaust the Royal prerogative completely and King-in-Council still
entertained appeal made to it with special permission.

ADVERTISEMENTS:

Every though the circumstances of a particular appeal did not fulfill the requirements
expressly made in respect of “Appeals as of Right”. These appeals were called as
“Appeals by Special Leave”.

Appeals from India:

1. Appeals from Major’s Courts of 1726:

Appellate jurisdiction of the Privy Council was made available for the First time to
Indians by the Charter of 1726 by which Mayor’s Court’s were established in three
Presidencies of India viz. Calcutta, Bombay and Madras.

2. Appeals from the Supreme Court under Regulating Act, 1773:

The Mayors Courts were displaced by Supreme Court under Regulating Act, 1773
and the Judicial Charter of 1774, in which the provision for Appeals to Privy Council
was made; subject-matter in dispute was worth 1000 pagodas or more, within 6
months from the day of pronouncing the judgment. The Supreme Court, in criminal
appeals, had the discretion to allow or deny an appeal to the Privy Council.

3. Appeals from Recorders Court under the Act of 1797:

Recorder’s Courts were established under the Act of 1797, in which the provisions
were made to appeal to the Privy Council (King-in-Council), subject to Rs. 3,000 or
more.

4. Appeals from Sadar Adaiats:

Regulation XIV, 1797 laid down that the petition of appeal had to be presented to the
Sadar Divrani Adalat within six months of the date of delivery of judgment appealed
against and subject-matter to # 5000 or more.

5. The Judicature Act, 1845:

The Company had to incur expenditure towards the appeals. The Company had to
spend # 151537 ot 67 appeals. Thus it had become very burden on Company. To
prevent this, the Judicature Act, 1845 was enacted,, which came into force with
effect from 1-i-;84S. The appeals were to be managed by parties themselves.

6. High Courts Act, 1881:

The Supreme Courts, Sadar Adaiats were abolished and in their place the High
Courts were established in the Presidency towns by the Indian High Courts Act,
1861.

An appeal could be made to the Privacy Council in any case not a being of a criminal
jurisdiction from any final judgment, decree of order of the High Court.

If the value of the subject- matter was not less than Rs. 10,000 In criminal cases, an
appeal could ire to the Privy Council from any Judgment or sentence of a High Court
provided the ‘High Court certifies that the case was fit one for appeal to the Privy
Council.