DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY, VISAKHAPATNAM

PROJECT TITLE

INDIAN COUNCIL ACT,1909

LEGAL AND CONSTITUTIONAL HISTORY

NAME OF THE FACULTY

DR. VISHWACHANDRANATH MADASU

SUBMITTED BY :-

PALURU NIKHIL VYAS

2018061

SEMESTER-II

1|Page
ACKNOWLEDGEMENT

I would like to thank from my deepest of the heart to Prof. Dr. Vishwachandra Nath Madasu
who gave me this wonderful topic which is Indian Council Act 1909, which helped me in
doing a lot of research work. In the mean time of my research I came to know the factors
which led to this council act.Secondly again I would like to thanks my Professor Dr.
Vishwachandranath Madasu for his assistance in this project.

2|Page
 ABSTRACT

INTRODUCTION:
The Indian Councils Act 1909, commonly known as the Morley-Minto Reforms, was
an Act of the Parliament of the United Kingdom that brought about a limited increase in the
involvement of Indians in the governance of British India.John Morley, the Liberal Secretary
of State for India, and the Conservative Viceroy of India, Gilbert Elliot-Murray-
Kynynmound, 4th Earl of Minto, believed that cracking down on the uprising in Bengal was
necessary but not sufficient for restoring stability to the British Raj after Lord Curzon's
partitioning of Bengal. They believed that a dramatic step was required to reassure loyal
elements of the Indian upper classes and the growing Westernised section of the population.
The act was enacted on 12th March,1909. They produced the Indian Councils Act of 1909
(Morley-Minto Reforms). They did not go any significant distance toward meeting
the Indian National Congress demand for 'the system of government obtaining in Self-
Governing British Colonies'.

 It effectively legitimised the election of Indians to the various legislative councils in India
for the first time. Earlier, only a limited number of Indians were appointed to legislative
councils. The majorities of the councils remained British government appointments.
Moreover, the electorate was limited to specific classes of Indian nationals. To divide the
Hindu-Muslim unity, with the help of some Pro-British Muslim leaders, the British
conceded the so-called demand of Muslim leaders for separate electorates. The Act of 1909
stipulated that in councils and in the imperial legislature, for the number of reserved seats to
be in excess of their relative population (25 percent of the Indian population), and that only
Muslims should vote for candidates for the Muslim seats ('separate electorates').

In this topic the researcher will talk about Indian Council Act,1909.
The researcher will talk about the situation which led to the formation of this act.

How every single rule of this act was based on the past situations?

3|Page
CONTENTSPAGES

OBJECTIVES OF THE STUDY ....................................................................... 5

SIGNIFICANCE OF THE STUDY .................................................................. 5

SCOPE OF THE STUDY ................................................................................... 5

RESEARCH METHODOLOGY ...................................................................... 5

INTRODUCTION ............................................................................................... 6

FACTORS LED TO THE REFORMS ............................................................. 7

THE INDIAN COUNCI ACT 1909 AND CHANGES .................................. 11

EFFICACY OF INDIAN COUNCIL ACT,1909 ........................................... 17

CRITICISM OF INDIAN COUNCIL ACT,1909 .......................................... 18

CONCLUSION.................................................................................................. 22

BIBLIOGRAPHY ............................................................................................. 23

4|Page
 OBJECTIVES OF THE STUDY

Aim of the researcher in this research is to tell about the Indian Council Act,1909 and what situations
led to make this reform.

SIGNIFICANCE OF THE STUDY

The significance of the study in this research is to know about the conditions which led to the Indian
Council Act, 1909 and its aftermath.

SCOPE OF THE STUDY

The researcher will narrow down the research only to the period of which brings the Indian Council
Act,1909.

RESEARCH METHODOLOGY

The researcher will follow the Doctrinal Type of Research in his project.

5|Page
INTRODUCTION

The Indian Councils Act 1909, ordinarily called the Morley-Minto Reforms, was associate
Act of the Parliament of the uk that led to a restricted increase within the involvement of
Republic of Indians in the governance of British India.John E. W. Morley, the Liberal
Secretary of State for Republic of India, and therefore the Conservative Viceroy of Republic
of India, Gilbert Elliot-Murray-Kynynmound, fourth Earl of Minto, believed that cracking
down on the revolt in geographical region was necessary however not adequate for restoring
stability to country rule once Lord Curzon's partitioning of Bengal. They believed that a
dramatic step was needed to reassure loyal parts of the Indian higher categories and therefore
the growing Westernised section of the population. The act was enacted on twelfth
March,1909. They made the Indian Councils Act of 1909 (Morley-Minto Reforms). They
didn't go any important distance toward meeting the Indian National Congress demand for
'the system of state getting in sovereign British Colonies'.

It effectively legitimised the election of Republic of Indians to the varied legislative councils
in India for the primary time. Earlier, solely a restricted range of Indians were appointed to
legislative councils. The majorities of the councils remained British government
appointments. Moreover, the voters was restricted to specific categories of Indian nationals.
To divide the Hindu-Muslim unity, with the assistance of some Pro-British Muslim leaders,
country conceded the questionable demand of Muslim leaders for separate electorates. The
Act of 1909 stipulated that in councils and within the imperial law-makers, for the quantity of
reserved seats to be in more than their relative population (25 p.c of the Indian population),
which solely Muslims ought to vote for candidates for the Muslim seats ('separate
electorates').

The political unity that nation language offered to Republic of India and therefore the
uniform system of administration adopted by country generated a sense of identity among the
Indian people. The folks of Republic of India began to work out the foreign rule a threat to
their liberty and rights. it absolutely was this awareness that semiconductor diode to the
increase and growth of National Movement in Republic of India. Since the transfer of power
from the corporate to the Crown, country Government was following a policy of
constitutional reforms in pursuance of assurances given by Queen of England in her Royal
Proclamation dated Gregorian calendar month 1858. consequently, the Indian Councils Act

6|Page
 of 1861 was passed and this Act fixed to the Provincial Councils the ability of creating laws
and resolutions for the peace and sensible Government of the various Provinces. Thus, within
the History of recent Republic of India 1st vital steps towards constitutional reform was taken
and {also the} Madras Presidency also enjoyed the advantage of the reform. tho' the Act of
1961 created a starting in representative establishment and legislative devolution, the Act was
thought of to be a retrograde live, as a result of the proper of asking queries and therefore the
right to deliberate on matters of policy weren't given to the members of the legislative
councils.

FACTORS LED TO THE REFORMS1

(i) Demand of Indian National Congress

The agitation towards the partition of Bengal made a deep influence on the India
National Congress. All sections of the Indian National Congress united in the
opposing of the partition. The National Congress also supported the Swadeshi and
Boycott movement of Bengal. In the later there was a tussle in the congress. Later, the
team divided in two components (Moderates and Extremists). The moderate’s leaders
having captured the equipment of the Congress excluded the militant elements from
it. But, in the lengthy run, the split did no longer show beneficial to both party. The
British Government played the game of ‘Divide and Rule’. While suppressing the
militant nationalists, it tried to win over moderate nationalists opinion so that the
militant nationalists should be remoted and suppressed. To placate the moderate
nationalists, there demand of being in the legislative council was once given to them
by using this council act.Though the Indian Councils Act of 1892 had added confined
representation with oblique elections, it failed to placate the Indians who have been an
awful lot more conscious of their rights through now. two There was once a lot of
resentment against reign of Lord Curzon, who had already irked the public by way of
the silly concept of partition of Bengal. There was once a upward thrust of extremism
in the congress. Government, on one hand desired to suppress the extremists but on
different hand desired to pacify the moderates.

1
History of Modern India by Bipin Chandra (pp 248-258)

7|Page
After the first two periods held at Bombay and Calcutta, the third session of the Indian
National Congress met at Madras on 27th December, 1887 in Mackay’s Garden and was
presided over by using BadrudinTyabji. During this duration the National Movement in the
Madras Presidency was heralded with the aid of a few intellectuals like T. Madhav Rao, S.
SubramanisAiyer, Rungiah Naidu, G. SubramaniaAiyer, SababathiMudaliyar, S.A.
Swaminatha Aiyar, P. Somasundaram Chetty, C. Vijayaraghavachariyar, Eardley Norton and
A.O. Hume. The convening of the 0.33 session of the National Congress at Madras had a
very giant impact on the political scenario in the Madras Presidency. At this meeting,
attended by way of 607 delegates, a collection of resolutions were exceeded urging the
necessity of increasing the Imperial and Provincial Legislative Councils. A Committee was
appointed to think about the many suggestions despatched in for discussion and to draw up a
programme for the work of the Congress. Every city of over ten thousand inhabitants was
once requested to form a Sub-Committee for carrying on political propaganda. Thirty
thousand copies of a Congress catechism in Tamil by means of Vijayaraghavachariyar were
printed and distributed. In response to the enchantment made by using the Congress for
financial help liberal contributions had been made through its members. A sum of Rs. 55,000
was contributed by eight thousand members, their contributions varying from one anna to one
and a 1/2 rupees. A super fact was that the listing of subscriptions contained the names of the
ruling princes of Mysore, Travancore and Cochin and the Maharaja of Vizianagaram and the
Raja of Venkatagiri. The Third Session of the Congress burdened the necessity of growing
self-Government, abolishing the India Council, spreading education, decreasing defence
expenses, separating judiciary from the government and conducting the I.C.S. Examination
concurrently each in England and India. It used to be below the impulsion of this Congress
the public as well as the press became extra and extra country wide minded and more and
extra necessary of British administration. Newspapers like the Hindu and Swadeshamitran
strongly criticized the actions of the Government. Political companies like Madras Mahajana
Sabha also supported the views of the Congress. Ever on the grounds that the assembly of the
Congress At Madras in 1887, the city of Madras grew to be the venue for numerous different
sessions. The 14th session of 1898, and the 19th session of 1903 also met at Madras. After
the lamentable split in the Congress ranks at the Surat Session of 1907, the twenty third
session used to be also held in Madras in December 1908. In 1914, the twenty ninth Session
of the Indian National Congress assembled in Madras on the grounds of Deveton House,
Nungambakam, the Chairman of the Reception Committee being the venerable S.
Subramania Aiyar and the President being B.N. Basu. Lord Pentland, then Governor of

8|Page
 Madras visited the Congress when it was once in full Session and was greeted on arrival by
the spontaneous rising of the assemblage and through hearty applause. It was the first visit
ever paid by way of a representative of the Crown to the Congress. Mrs. Besant, who had
now grow to be the most outstanding political figure, participated in the Proceedings of this
Session of the Congress. It is noteworthy that the British, at first, were no longer detrimental
towards the Indian National Congress. Lord Connemara, the Governor of Madras (1886-
1890), gave a backyard birthday celebration to the delegates of the 1/3 Session of the
Congress at the Government guest house. So also, Lord Dufferin extended his hospitality to
the National Congress. Though he became adversarial to the Congress, later on his secret
dispatch aiding the reform of the councils, formed the basis for the last birth of the Act of
1892.
(ii) Muslim League2

The efforts of the predominantly Uttar Pradesh and Aligarh based totally Muslim elite group
which had prepared the Simla Deputation to Minto on 1 October 1906, pleading for separate
electorates illustration in extra of numerical power in view of ‘the fee of contribution’
Muslims have been making ‘to the defence of Empire’. The same group quickly took over the
Muslim League, initially floated via Salimulla at Dacca in December 1906. Admirers of the
Muslim League Indignantly sought to refute the nationalists cost that this whole motion had
been stage-managed with the aid of the British and was no extra than a ‘command
performance’. The Sayyid Ahmed group had been pleading for special Muslim illustration by
nomination from the 1880s, and as elections became unavoidable, a demand for separate
electorates was once certain to emerge.

(iii) The Indian Council Act,1892

Although the Indian Councils Act of 1892 used to be the result ode a lot of agitation and
patient waiting, it did now not supply anything extensive to the human beings of India, the
people of India had been not comfortable with the measure of Reforms given by way of the
Indian Council Act 1892. Even these folks who were favourably inclined in the direction of
the Act of 1892, observed that in actual working it was hollow. The bitterness and discontent
in the country went on growing with the lapse of years.The Indian Councils Act of 1892

2
History of Modern India by Bipin Chandra (p. 253)

9|Page
 enlarged the size of the Provincial Legislatures by using growing the wide variety of
additional members to not much less than eight and now not extra than twenty. The precept
of election used to be in a roundabout way initiated with the aid of this Act. The device of
election used to be a round about one. Rules of election have been unfair. The Act did no
longer prolong to the Legislative Council the proper of having any control over the price
range and the quantity of non-official participants in the Legislative Council used to be very
small. The Act left the Indians without any real voice in the administration of their country.
Provincial Councils were too small in dimension to characterize the human beings of the
Provinces. The expansion of the Indian Councils was once in simple terms illusory. Thus, the
Act of 1892 fell far-short of the needs of the Indian National Congress. Since the passing of
the Act of 1892, Indian Nationalism developed in spite of the repressive coverage of the
British imperialists. The growth of the Swadeshi Movement and political terrorism compelled
the British Government to undertake a prudent policy of granting extra concession to the
Indian people. The regime of Lord Curzon (1899-1905) brought to the discontent in the
country. The humans resented his autocratic and bureaucratic attitude. Lord Curzon was the
enemy of the Indian demand for self-government. Curzon’s reforming zeal, his partition of
Bengal, his instructional reforms, the douches of bloodless common experience which he
poured from time to time on political enthusiasm, his robust and well-founded administration
of the change which a century of British Government had produced in India, intensely
aggravated the skilled training which claimed that this tutelage used to be out-of-date and
who were keen to draw close authority in their own hands.

(iv) Partition of Bengal3

The partition of Bengal in 1905 via Lord Curzon was once arbitrary according to the Indian
National Congress and the other businesses also. They thought the British Government is
enjoying with Hindu and Muslim by way of dividing them. But the British Government were
dealing with their own troubles there. As the vicinity was once so tremendous the
Government was once not in a position to manage it properly. The manage was besides the
proper administration. Lack of Communication amongst the authorities with the Lack of
Transportation. This partition made deep have an impact on on the Congress. All sections of
the Indian National Congress united in opposing the Partition. At its session of 1905,
Gokhale, the President of the congress, roundly condemned the partition as nicely as the

3
History of Modern India by Bipin Chandra (pp 248-49)

10 | P a g e
 reactionary regime of Curzon. The Congress additionally supported the Swadeshi and
Boycott motion of Bengal. When the Government confirmed stubbornness and used force to
suppress the agitation, human beings determined to talk in the language of bombs. Extremist
propaganda and terrorist activities hammered into the minds of British statesmen that the
Indian should not be befooled indefinitely. Gokhale individually met Morley, the Secretary of
State for India, and put forth his demand for considerable concession to the Indians. The fury
of the humans in India coincided with the creation of Liberals into energy in England. The
Liberals who on precept stood for freedom and autonomy agreed to look into the grievances
of the people. The Indian Councils Act of 1909 was as a result an result of situations noted
above.
(v) Problems faced by Lord Minto

Lord Minto's goal was once two-fold. He favored to rally to the government the reasonable
team which had been antagonised through his predecessor and to bring ahead into lively
political lifestyles the massive land-owners of the country. The hassle which confronted
Minto was to preserve an orderly government the activities of the revolutionary societies had
to be met and checked, but it was once equally vital to hinder the sources of discontent by
using associating with the authorities influential Indians drawn now not solely from amongst
the city centre lessons however additionally from amongst the land owners in close touch with
the rural districts.

THE INDIAN COUNCI ACT 1909 AND CHANGES4

(a) (a) Then the Act supplied for the growth of the Councils both Central and Provincial.
The quantity of additional members for legislative purposes in the Viceroy’s Executive
Council was raised from 16 to 60. The variety in Provincial legislative council used to be not
uniform. The Legislative Councils of Madras, Bengal and Bombay had been additionally
elevated to 50 individuals each. The Provincial Legislature of U.P was to have 50, of
Punjab, Assam and Burma 30 each. Changes in the Councils of different Provinces had been
made later in 1912 when readjustments in provincial territorial limits have been affected.
(b)

4
Modern India 1885-1947 by Sumit Sarkar (pp 137-39)

11 | P a g e
(c) (b) The Governor-General’s Legislative Council consisted of 4 categories of members:
(a) Ex-officio members, (b) Nominated officials, (c) Nominated non-officials, and (d)
Elected members. The Governor-General and his councillors loved the membership of the
Central Legislature by way of advantage of their being the participants of the Highest
Executive. They were known as ex-officio members. The nominated officials have been
those civil servants who were nominated on the Legislature. The participants belonging to
the third category have been men from public lifestyles nominated via the Government as
participants of Legislature. Under the fourth category came those people who have been
lower back through the Chambers of Commerce, Municipalities, District Boards and
Landlords.
(d)
(e)
(f) (c) The Act of 1909 retained the majority of professional individuals so as to preclude
and structure of challenging bobbing up in the passage of Government Bills. According to
the Act of 1912 energy of the Central Legislature, had been raised to69. Out of sixty nine
participants in the Central Legislature, 37 have been officials, 5 nominated nonofficial and
27 elected members. Of the 27 elected members, 5 have been again through the Muslims, 6
by Hindu Landlords, 1 with the aid of Muslim Zamindars, one each through Bengal
Chamber of Commerce and Bombay Chamber of Commerce. The last 43 had been sent by
Provincial Legislative Councils. Every member held workplace for three years only.
(g)
(h) (d) The Act, allotted with the reliable majority, in the Provincial Legislatures. It was
once actually a welcome function but it should no longer be assumed that the Legislatures
started out to have the majority of elected element. The blended power of legitimate and
nominated non-official individuals still outnumbered the elected members. They fashioned a
strong Pro-Government bloc to aid all the strikes of the Government. Despite the legitimate
majority if ever there arose some difficulty in carrying a legislation, that was once without
difficulty overcome with the aid of submitting the Bill to Central Legislature for enactment.
Generally, the Provincial Government encountered no difficulties in the passage of any Bill.
The nominated non-official members continually voted in favour of professional moves
whereas the elected members could in no way unite as one.
(i)
(j) (e) The most unfortunate characteristic of the new Act was the undue importance that it
gave to communal interests. The Act favoured the Muslims by way of giving them

12 | P a g e
 representation disproportionate to their population. This was accomplished on the excuse of
the political significance of the Muslim community. Separate representation used to be also
given to Presidency Corporations, Universities, Chambers of Commerce, and the Land-
holders.
(k)
(l) (f) The Legislative Councils until the new enactment were solely legislative or to be
greater specific solely advisory bodies to assist the Executive in legislation. The Act of 1892
gave the contributors of the Legislature the proper to talk about the finances only after it had
been permitted and finalized by way of the Executive. They had no right to endorse an
amplify or reduce in any item. The Act of 1909 empowered the participants to discuss the
price range and cross resolutions before it used to be subsequently approved. They have
been additionally allowed to ask supplementary questions, to pass resolutions on matters
bearing on to loans to local bodies, additional supplies and new taxes. The Act also extended
to the individuals the right to talk about things of public interest, undertake resolutions or
divide the House on them. But the resolutions adopted with the aid of the House had been no
longer absolute and binding on the Government. The president of the House was authorized
to drop and resolution or a section thereof in the identify of public activity without pointing
out any sound reason. Besides it, there had been positive heads of revenue and expenditure
which had been no longer even open to discussion. In short, the Legislatures got the right to
discuss but now not to affect the Government in any way .
(m)
(n) (g) Under this Act the range of individuals of the Executive Council of Bombay and
Madras used to be increased to four. The Act empowered the Governor-general-in-Council
to create with the approval of the Secretary of State, Executive Council for Bengal and for
the Lieutenant-Governor’s Provinces.
(o)
(p) (h) Another widespread characteristic of the Act was appointment of the Indians to the
Executive Council. Morley in 1907 had already appointed two Indians, viz. Mr. K.G. Gupta
and Syed Hussain Bilgrammi to India Council) He, below this Act appointed Mr. S.P. Sinha
Law Member to the Governor-General’s Executive Council.
(q)
(r) (i) The Act of 1909 for the first time gave attention to optionally available precept for
the appointment of non-official individuals to the Councils. The Governor-general was once
empowered to make specified policies for giving effect to the notion of non-compulsory

13 | P a g e
 principle. The machine that he devised proved vicious and unscientific. He recommended a
constrained and discriminatory franchise. The voters for returning the representatives were
divided on the foundation of class, community and interest. Moreover, the vote casting
qualification additionally differed from Province to Province. For the Central Legislature
there were 4 kinds of electorate-General, Special, Class electorate, and Muslims whilst for
the Provincial legislature the voters had been divided into first three categories.
(s)
(t) (j) For the Central Council only those Landowners from the Landowners’ constituency
have been entitled to vote who had sure exact profits which diverse from Province to
Province. In Madras the minimal fixed earnings used to be Rs. 15,000 a year or land income
repayments up to Rs. 10,000 a year. In Bengal men and women retaining the titles of Raja or
Nawab and in C.P. men and women preserving honorary officers loved the privilege to vote
from the Landholders constituency.
(u)
(v) (k) The Minto-Morley Reforms of 1909 were intended to win over the Moderates. They
furnished for the enlargement of Legislative Councils and separate electorates for one of a
kind communities, instructions and interests. Under the Act of 1909, Indians were for the
first time, blanketed in the highest tiers of Government where insurance policies have been
mentioned and framed. One seat in the Viceroy’s Council was once reserved to an Indian
member and the practice of together with Indians in the Provincial Councils used to be
begun.
(w)
(x) (l) The quantity of additional participants in the Central Legislative Council was once
raised from sixteen to 60. Of these, twenty-seven have been non-officials who would be
circuitously elected. The establishment of the device of communal electorates used to be a
awful precedent and the continuance of such a machine proved to be an impediment to the
evolution of a multi-religious nationalism in India. By the Act of 1909, the council of
Madras was improved with a maximum membership of fifty, together with the Advocate
General. The Act of 1909 furnished for a nonofficial majority in the Provincial Legislative
Councils. However, the Reforms of 1909 have been incomplete and, in many respects,
defective. The guidelines framed beneath the Act have been extremely faulty and, in some
respects, defeated the very object of the Act.
(y)

14 | P a g e
(z) (m) The Act paved the way for communal disharmony. Both the elected and nominated
individuals of the Legislative Councils have been involved solely with their personal
pursuits and as a end result the Act failed to serve its purpose. What the human beings
demanded used to be accountable Government, however the sacred coronary heart of the
Refers used to be ‘benevolent despotism’ and subsequently it led to a lot of confusion. The
reforms had been in the nature of half-way house. Although non-official majority used to be
given in the provincial council, it ought to not enforce its will. Further the Act of 1909 added
separate electorates for the Muslims. The evil did now not end here. Subsequent legislations
prolonged the precept of communal representation. In fact, the Act of 1909 failed to create a
responsible Government in India. subsequently the disenchanted Indian people persevered
their agitation for a extra responsible Government. The dissatisfaction of the human beings
coupled with the repressive insurance policies of the Government gave a new flip to the
National Movement.
(aa)
(bb) (n) The Governor-General, with the approval of the Secretary of State for India,
made guidelines for how contributors of legislative councils were nominated or elected
nominated, and their qualifications. Regulations made in accordance with the Act may want
to no longer be exercised until laid earlier than each Houses of Parliament, and either
residence may object. By the rules of November 1909, the councils were composed as
follows 5
• Madras: forty eight totals (49 with the Governor). Four ex officio individuals
(three members of the cabinet, and the Advocate-General); 23 nominated members,
of which not extra than 16 were officials, and one consultant of Indian commerce;
two nominated experts, and 19 elected members (one elected by means of the
Corporation of Madras, eight with the aid of municipalities and district boards, one
by using the University of Madras, 4 by means of landowners, one by the planting
community, two through Muslims, one via the Madras Chamber of Commerce, and
one through The Madras Trades Association).
• Bombay: 48 totals (49 with the Governor). Four ex officio individuals (there
from the government council, and the Advocate-General); 21 nominated members, of
which now not more than 14 were officials; two nominated experts; and 21 elected

5
http://www.worldlibrary.in/articles/eng/Indian_Councils_Act_1909

15 | P a g e
 contributors (One elected by the Corporation of Bombay, 4 by means of
municipalities, one with the aid of the University of Bombay, three by way of
landholders, 4 by way of Muslims, one through the Bombay Chamber of Commerce,
one through the Karachi Chamber of Commerce, one by using the Millowners'
associations of Bombay and Ahmadabad, and one via the Indian commercial
community).
• Bengal: 53 totals (54 with the Lieutenant-Governor). Three ex officio
individuals of the govt council; 22 nominated members, of which not greater than 17
could be officials; two nominated experts; and 26 elected individuals (one elected by
means of the Corporation of Calcutta, six by way of municipalities, six through
district boards, one with the aid of the University of Calcutta, five by way of
landholders, four by using Muslims, two by using the Bengal Chamber of
Commerce, and one by means of the Calcutta Trades Association).
• United Provinces: forty eight totals (49 with the Lieutenant-Governor). 26
nominated members, of which not greater than 20 be officials, and one representing
Indian commerce); two nominated experts; 20 elected contributors (four elected by
way of the giant municipalities in rotation, eight via district boards and smaller
municipalities, one via Allahabad University, two via landowners, 4 by Muslims, and
one by using the Upper India Chamber of Commerce).

Punjab: 26 totals (27 with the Lieutenant-Governor). 19 nominated members, of which not
more than 10 to be officials; two nominated experts; five elected individuals (one elected by
way of the Punjab Chamber of Commerce, one by means of the University of the Punjab,
three through municipal and cantonment committees).
The Act and the effect on Madras Presidency

In accordance with the provisions of the Act, the Legislative Council in the Madras
Presidency was reconstituted. By the Act of 1909, the number of additional members in the
Madras Presidency was increased to 42 excluding the Advocate General, Of these 42
members, 19 non-officials were elected as follow. Of the remaining 23 members nominated
by His Excellency the Governor 16 were officials.

16 | P a g e
EFFICACY OF INDIAN COUNCIL ACT,19096

(i) Despite all the drawbacks the Act of 1909 suffered from, it was once a definite strengthen
on the previous Act of 1892. It marked an vital stage in the growth of consultant establishments in
India. For the first-time consciousness was once given to optional precept as the groundwork of the
composition of Legislative Councils. In spite of the disclaimer of Lord Morley, the Act did pave
way for a parliamentary Government even though indirectly in the country. According to Shri Ram
Sharma, the constitutional autocracy that he (Morley) set up used to be sure to find its autocratic
facet challenged via its constitutionalism, and an answer had to be discovered for that challenge.
Autocracy was in all likelihood to go overboard”. The elected Indians in the councils acquired a
platform to ventilate their grievances.

(ii) It was once no longer much less heartening a reality that an Indian was once also covered in
Governor-General’s Executive Council. The enlargement of the dimension of Legislatures and the
presence of elected members in it, although via indirect elections, set the ball rolling of growing
demand for complete Indenisation of Legislatures. Another tremendous characteristic of the Act
used to be the increase in the rights of the members. They were empowered to talk about the budget
and divide the House on many of the objects included in it. Thus, the individuals acquired the
opportunity to criticize the executive and make hints for higher administration of the country. To
quote Mr. Ramsay Macdonaid, “It (Act of 1909) was a compromise between bureaucracy and
democracy, inevitably a short-lived if, necessary, experiment”. The reforms consequently delivered
the united states of america to a stage whence there used to be no going back, as a substitute the
only course open was further development toward self-government which was once confirmed by
using Montagu’s August Declaration of 1917.

(iii) Nevertheless, the Minto-Morley Reforms had some of their merits. They mark an important
stage in the increase of consultant institution, and one step ahead toward the accountable affiliation
of elected Indians with the administration. Further, it also gave attention to the optionally available
precept as the basis of the composition of legislative council for the first time. It gave some

6
http://historypak.com/minto-morley-reforms-1909/

17 | P a g e
similarly avenues to Indians to ventilate their grievances. They also bought probability to criticise
the executives and make suggestions for better administration. The expansion of the legislatures
furthered the demand of entire indenisation of the legislature.

CRITICISM OF INDIAN COUNCIL ACT,19097

The Reforms of 1909 were on the nature of concessions to appease the Moderates so that by
securing their sympathies the Government might crust the revolutionary movement. In the
words of Dr.Ishwari Prasad: “The design underlying the reforms was conciliation and
division. The former was attempted by the numerical expansion of the legislatures, the
appointment of Indian to the Viceroy’s Executive and increased powers of discussion. The
latter was sought by the vicious character of the system of representation that was devised.

The Minto-Morley Reforms of 1909 could not come up to the expectations of the Indians.
What the people of India demanded was that there should be set up a responsible government
in the country. But the sacred heart of the reforms of 1909 was “benevolent despotism” and it
was basically a subtle attempt to create a “constitutional autocracy”.
Further, though non-official majority was given in the Provincial Councils, the practical
result was nothing. The non-official majority was nullified by the fact that it included
nominated members. There was no real majority of those who represented the people.
The reforms of 1909 afforded no answer and could afford no answer to the Indian political
problem. The real political solution was lying in complete self-rule and accountable
governance but the 1909 Act was only a face-saving device. The position of the Governor-
General remained unchanged and his veto power remained undiluted and the Act was
successfully maintained relentless constitutional autocracy. Under such circumstances narrow
franchises, indirect elections, limited powers of the Legislative Councils ushered a complete
irresponsible government. The Act rather added new political problem with the introduction
of the separate electorate system. While the parliamentary forms were introduced, no
responsibility was conceded. At the same time there were no connection between the
supposed primary voter and a man who sits as his representative on the Legislative Council.

7
https://selfstudyhistory.com/2015/03/01/morley-minto-reforms-1909/

18 | P a g e
 In such a situation, the political participation, awareness and education remained a distant
dream. In nutshell, it can be said that 1909 Act was ‘the shadow rather than the substance’.

 Strong Criticism by the Congress – Even Moderates disillusioned. When the detailed rules
and regulations were made under this Act by the Government, the liberal spirit of this Act
was utterly destroyed. The Muslims were given the right of plural voting and direct elections.
Landlords too were given a preferential treatment. The Government of India wanted to crush
the nationalists and destroy their oneness and solidarity and please the communal and
reactionary elements, therefore, forsaking the spirit of justice and fairly, they had unduly
favoured Mohammedans and the Landlords. So even the Moderates, who had expressed great
jot over these reforms at the initial stage, were soon disillusioned.

 It did not establish parliamentary form of Government. The Act of 1909 was in its true
colours a subtle attempt to blend in one of the two elements of autocracy and
constitutionalism, i.e., to create a constitutional autocracy. the father of the Act, Mr. Morley,
had no intention to give a representative government to India for he considered the conditions
in the country highly unsuitable to parliamentary form of Government.

 The vicious system of communal electorate. Another ugly feature of the Act was its
recognition of communal basis of representation. A fixed number of seats were reserved for
the Muslims in the Councils as well as in public services. Separate constituencies of Muslim
electorate were created to further widen the gulf between the Hindus and Muslims. Every
Muslim candidate elected on communal basis tried to justify himself by helping his co-
religionists and supporting the Government without whose favours he would have been
nowhere. Thus, the communal interests predominated the national interests. Since the
Muslims had no more need to depend on Hindu votes for their election to the Councils, they
adopted a very uncompromising attitude. The granting of separate representation to Muslims
proved in fact the beginning of an era of gross communalism in Indian politics. It gave a clue
to other minority communities, viz., Sikhs, Harijans, Anglo-Indians. Europeans and Indian
Christians to claim for themselves similar privileges and they by proving their loyalty to the
British Government did succeed in acquiring separate representation under the subsequent

19 | P a g e
 Act of 1919 and 1935. The Act of 1909 as such may be said to have struck the first nail into
the coffin of nationalism8.

 Congress denounces strongly the system of communal electorate. The poison of communal
electorate injected by the Morley-Minto Reforms was deplored in the resolution of the
Congress. The Congress resolution also strongly criticized the unjust and humiliating
distinctions made between the non-Muslim (Hindus) and the Mohammadans in the matter for
electorate, the franchise and qualifications of candidates.

 Indirect elections, another serious defect in the new Act was that a large number of the
additional members for legislative purpose were to be returned on the basis of indirect
elections. The goods which the elective principle was to deliver were set off by the practice
of indirect elections. Secondly, the people at large got no right to send their representatives
directly in the Central or in the Provincial legislatures and hence the Act failed to encourage
any sense of responsibility. The franchise was so narrow and limited that only a fraction of
adult population secured the right to vote.

 Domination of Pro-Government bloc in the Councils. The reform proposed by the Act of
1909 was mere eye-wash because there continued to be the preponderance of official
majority in the Central Legislature and of the Progovernment bloc in the Provincial Councils.
In the Imperial Legislature (Central Legislature) the elected members became ineffective
against the strong band of nominated officials. Although in theory there was a majority of
non-official members in the provincial Legislature, they were reduced into a minority against
combined strength of officials and nominated non-officials in practice.

 Strictly limited powers of the Legislative Councils. With the increase in size of the Councils,
the Act did not enlarge their functions and powers. The members were allowed to discuss the
budget but could not make any substantial change in any item. They could ask questions but
not insist on a reply from the Executive. Even the resolution that they were permitted to adopt
on matters of public importance were not obligatory on the Government. The

8
http://historypak.com/minto-morley-reforms-1909/

20 | P a g e
 recommendations of the Legislative Councils could be rejected or vetoed by the Governor-
General or the Governor as the case may be. Besides these, there were statutory restrictions
on the powers of the legislatures. They had no direct control over any head of revenue or
expenditure. Certain items of the budget were not even open to discussion. Thus, the
responsibility for the administration of country remained undivided. The real powers
continued to be centralized in the Executive.

 Curtailment of the rights of the Members. The rules and regulations governing the
proceedings of the Legislative Councils, were so framed that the powers of its members were
substantially restricted. The Minto-Morley reforms neither contemplated any transfer of
power nor meant to make the Councils real law-making bodies. The function of the members
was confined to heated deliberations without affecting the policies of the Government.

 The Act was no doubt an improvement upon the preceding Act but it fell far short of the
national expectations. What disappointed the people most was the admixture of the two
incompatible elements of constitutionalism and autocracy, of the nominative and elective
principles. Supreme power continued to be vested in the Executive on the principle that the
responsibility to rule over India had devolved exclusively on the British people. Indians
were considered ill-fitted for higher posts in the administration. The local bodies continued
to be officialised. The Councils established under the new Act remained ‘gilded shams’ and
‘magnified nonentities where constituency was the Government House’.

 Another cause of the failure of Reforms was the introduction of indirect elections for
returning the members to the Legislative Councils. The system of communal representation
also proved a Thom in the sides of the discerning leaders. Besides, system of election was
too indirect and it gave the impression of infiltration of legislators through a number of
sieves.

 The reforms of 1909 afforded no answer and could afford no answer to the Indian political
problem. Lord Morley made it clear that colonial self-government (as demanded by the
Congress) was not suitable for India, and he was against introduction of parliamentary or
responsible government in India.

21 | P a g e
 The ‘constitutional’ reforms were, in fact, aimed at dividing the nationalist ranks by
confusing the Moderates and at checking the growth of unity among Indians through the
obnoxious instrument of separate electorates.

 The Government aimed at rallying the Moderates and the Muslims against the rising tide of
nationalism. The officials and the Muslim leaders often talked of the entire community when
they talked of the separate electorates, but in reality, it meant the appeasement of a small
section of the Muslim elite only.

CONCLUSION

The Act which was introduced was anyway better than the Indian Council Act, 1892 but it
nevertheless come through the expectations of the peoples. Rather than creating or fulfilling
the demand of the people the act created a smoke in front of the people so that the people
can’t see the actual motive of the act. Basically, it was a smart move from the side of Lord
Minto which bring autocracy and constitutionalism together. Because he knew that Indians
were not ready for the complete parliamentary form of government. The step taken by the
Muslims to demand for separate electorate itself shows to the Britishers that there is a lack of
unity among the Indians. And by extending the legislature and giving us power to talk on
budget issue was nevertheless a smoke because the mere interest of the public was not heard.
The Act was considered to be a retrograde measure because the right of asking questions and

22 | P a g e
the right to deliberate on matters of policy were not given to the members of the legislative
councils.It marked an important stage in the growth of representative institutions in India. For
the first-time recognition was given to elective principle as the basis of the composition of
Legislative Councils.It was not less heartening a fact that an Indian was also included in
Governor-General’s Executive Council. But the act also started the era of parliamentary form
of government by non-uniformity of the members in legislative council i.e. according to the
population.

BIBLIOGRAPHY

INTERNET SOURCES

https://selfstudyhistory.com/2015/03/01/morley-minto-reforms-1909/
http://www.yourarticlelibrary.com/history/morley-minto-reforms-in-india-1909/23244
http://historypak.com/minto-morley-reforms-1909/
https://www.owlgen.com/question/discuss-the-circumstances-leading-to-the-morely-minto-
reforms-what-were-the-main-features-of-the-morely-minto-reforms
http://www.worldlibrary.in/articles/eng/Indian_Councils_Act_1909
http://shodhganga.inflibnet.ac.in/bitstream/10603/89990/8/08_chapter1.pdf

23 | P a g e
BOOKS

History of Modern India, Bipin Chandra

Modern India 1885-1947, Sumit Sarkar

24 | P a g e