A PROJECT

ON
KEY FEATURES OF MINTO MORLEY REFORM

[Submitted as a partial fulfillment of the requirements for B.A. LL.B (HONS) 5 Year Integrated
Course]

Session: 2019-20

Submitted On: 30th AUGUST 2019

Submitted By: Submitted to: Mr. APURV BANERJEE

SIMRAN SINGH VERMA
Roll no-97
Class: I Semester Sec - B

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 DECLARATION
I, SIMRAN SINGH VERMA, hereby declare that this project titled “KEY FEATURES OF
MINTO MORLEY REFORM”is based on the original research work carried out by me
under the guidance and supervision of Mr. APURV Banerjee.

The interpretations put forth are based on my reading and understanding of the
original texts. The books, articles and websites etc. which have been relied upon by me have
been duly acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma
has been conferred on me before, either in this or in any other university.

Date: 30th august 2019 SIMRAN SINGH VERMA

Roll no . 97

Semester -I B

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 CERTIFICATE

Mr. Apurav Banerjee Date: 30th August, 2019

Faculty

University five year law college

University of Rajasthan, Jaipur

This is to certify that Simran Singh Verma student of semester I-B of university five year
law collage, University of Rajasthan, Jaipur has carried out the project entitled “Key features
of Minto Morley reform” under my supervision and guidance. It is an investigation report
of a minor research project. The student has completed research in my stipulated time and
according to the norms prescribed for the purpose.

SUPERVISOR

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 Acknowledgment

I have written this project, “KEY FEATURES OF MINTO MORLEY REFORM’’ under
the supervision of Mr Apurv Banerjee Faculty, University Five Year Law College,
University of Rajasthan ,Jaipur. His valuable suggestions herein have not only helped me
immensely in making this work but also in developing an analytical approach this work.

I found no words to express my sense of gratitude for Director Dr. SanjulaThanvi, and Dy.
Director Mr. Manoj Meena and Mr. Abhishek Tiwari constant encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

SIMRAN SINGH VERMA

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 Table of Contents

Page

Title …………………………………………………………………………….. 1

Declaration of Originality …………………………………………………….. 2

Certificate ……………………………………………………………………… 3

Acknowledgements …………………………………………………………….. 4

Abstract ……………………………………………………………………… 5

Objectives ………………………………………………………………………. 6

Hypothesis …………………………………………………………………..……… 6

Research Methodology ………………………………………………………... … 6

CHAPTER – 1………………………………………………………………….. 8

CHAPTER - 2…………………………………………………………………… 9

CHAPTER –3…………………………………………………………………… 11

CHAPTER-4.......................................................................................................... 12

Bibliography ……………………………………………………………………… 13

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 ABSTRACT

The another name of Indian council act 1909 is Minto Morley Reform. It was areform of
the British Parliament that introduced few reforms in the legislative councils and it also
increased the participation of Indian in the british governance in India.It was
considered as minto morley reform after the name of the secretary of state for India
John Morley and the viceroy of India,the fourth Earl of Minto.The most important aspect
of this reform1 is that it extended the powers of Indian representatives .

An elective principle having been introduced under the Act of 1892.The Act of 1909
extended that principle some what further legislative councils having been called into
existence.It was realized that it was inevitable to gradually” popularize them so as to
bring them into harmony with dominant sentiments with the people of India .’’

This reform was based on the scheme drawn up by Lord Minto and lord Morley.The Act
provided for an elected majority in the Provincial Legislatives allowed some at the
centre ,but did not abolish official majority2 at the Centre.

This reform provided that in addition to the members of the Executive Council,there
were to be not more than sixety additional members in the Central Legislative.

Objectives

1 Reform: make changes in order to improve

2 Executive: having the power to put plans into the effect

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Through this project work, the researcher aims to study about the key features of Minto Morley
Reform and its various impacts on the Indian political system.

Hypothesis
It was an attempt to widen the the scope of legislative councils,placate the demands
of moderates inIndian National Congress and to increase the participation of
Indiand in the government.

Research question

 What were the major features of Minto Morley Reforms?

 What was the its background and its communal representation?

Research methodology

The researcher has adopted doctrinal method research . the research has made extensive use of
the available resources at the library of University Five year Law college , University of
Rajasthan and also internet resource.

CHAPTER-1

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 Introduction

Minto Morley reform was instituted to placate the moderates.Through this act
membership of central and provincial legislative council was enlarged.

The British also introduced communal electorates as a part of these reforms.this was
meant to create disunity between hindus and muslims.Some seats in the were reserved
for the muslims to be elected by the muslim voters .By this the Britishers hoped tocut
off muslims from the nationalist movement and treated them apart from the rest of the
nation.

To weaken the nationalist movement Britishers tried to promote communalism in

India.The growth of communalism3 had a very serios impact on the unity of the Indians.
And here the struggle for freedom arised.This act also authorized the Governor Generol
in council to create a legislative council in the any other province.

This Act laid down that the additional members of the Legislative council shall be partly
nominated and then partly elected.It did not laid down the process of election for the
members to be elected.This elective method was left to be decided under the
regulations which were made under this Act. The secretary of the state took a policy
decision that there was not any need to keep an official majority in the Provincial
Council but that type of majority was essential in the Central Legislature.

Hence, 4Minto Morley Reform provided that in all the provincial counculs the official
majority could be dispensed with.

3 Communalism: a principle of political organisation based on federated communes

4 V arivarasi,presidency of Madras

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 Chapter -2
Background of Minto Morley Reform
Lord Curzon had carried out the partition of Bengal in 1905.After that British
authorities understood the need for more reforms in the Indian governance. Indian
National Congress was also provoking for more reforms and self governance5 of the
Indians. Earlier the congress were moderate but the new extremist leaders believed in
the aggressive methods.thenv the Indian natinal congress demanded home in the year
1906 for the very first time. Then Gopal Krishna Gokhale met morley in England to
emphasise the need for reforms. A group of elite muslims led by the Aga Khan met Lord
Minto in 1906 and placed their demand for a separate electorate for the muslims

John Morley was a member of the liberal Government and he wanted to make positive
changes in the India’s governance.

Enlargement of the Legislative Councils

This reform enlarged the size of the legislative Council both central and the
provincial.The number of the members in the Central legislative Council was raised
from 16 to 60.These numbers it]n the Provincial Legislative Council were not fixed.

THE Legislative Councils of Madras , Bengal and Bombay were increasedto to 50

members each.

In the Imperial Legislative Council,of the total 68 members,36 were to be official and of
the 32 unofficial,5 were to be nominated. Of the 27 elected non officials 8 seats were
reserved for the Muslims under separate electorates (only muslims could vote here for
Muslim candidates)while six seats were reserved for the British capitalists,2 for
landlords and thirteen seats came under general electorate.

The elected members were to be indirectly elected.The local bodies were to elect an
electoral college which in turn would electmembers of provincial legislatures,who in
turn would elect the members of the central legislature.

Communal representation of Minto Morley Reform

Minto Morley Reform gave recognition to the elective principle for the appointment of
the non official members to the councils.Hence it introduced the separate electorate

5 Self government: govt under the control of inhabitants of political unit

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which was decided on the basis of community and the class. Hence three different
categories were made for example general category, special category and chambers of
commerce. For the central council forth category of muslims was also introduced.This
was first time when the seats in the legislative councils were reserved on the basis of
the religion for the muslim community. And hence separate constituencies were made
for muslims and only the members of muslim communities were given the right to elect
their representatives.This separate electorate for the muslims had a long lasting impact
on thr Indian politics. And it considered the muslim community as a separate section of
Indian society.And here started the clash between hindu muslims which at last led to
the partition .The idea of separate electorates under this reform sowed the seeds of
muslim communalism.

Other features of Minto Morley Reform

By this reform the members were empowered to ducuss the budget and move the
revolution before its final approval.They wre also given the rights to to ask
supplementary questions related to the local bodies. The members were also given
rights to discuss the matters of general public intersest.No discussion was permitted
which could effect the relation of Indian government with a foreign power or a native
state or any other matter under the adjudication of court of lad three other judges .sir
Elijah Impey was appointed as chief justice of this court. It had power to try civil, criminal,
admiralty cases and it had court to be a court of record. It was given supreme judiciary over all
British subjects including the provinces of Bengal ,Bihar , and Orissa. The supreme court was
also made to consider and respect the religious and social customs of the Indians. Appeals could
be taken from the provincial courts to the Governor-General-in-Council and from there to king –
in-council.

Chapter-3
Evaluation of Minto Morley reform

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The reforms of 1909 afforded no answer and could afford no answer to the Indian
Poliical 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 on India.

He sais’’If it could be said that led directly or idirectlyto the establishment of a

parliamentary system in India,I,for one,would have nothing at allto do with it.’’

The constitutional reforms were infact aimed at dividing the nationalist rank by
confusing the moderates and at checking the growth of unity among Indians trough the
obnoxious6 instrument of separate electorates. Te government aimed at rallying the
moderates ad the muslims against the rising tide of nationalism .The officials and the
muslim leaders often talked of 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

The minto Morly Reform of 1909could not come up to the expectations of the Indian
peopleThe people of India wanted that there should be a settlement of a responsible
government in the country.But the sacred heart of reforms of 1909 was ‘’benevolent
depotism’’ and it was basically a elusiveattempt to create a constitutional autocracy.

Though the non official majority was given in the provincial counculs but the practical
result wasnothing.There was no real majority of those who represented the people.This
reform of 1909 afforded no answer to the Indian political problem.The real solution was
lied in the selg governmentbut the reform of 1909 was only aface saving device.The
position of the governor general remain unchanged and it also maintained relentless
constitutionl autocracy.This reform rather added a new complicated problem of
introduction of separate electorate system in the country.While the parliamentary
system was introduced but its responsibility was not accepted.Also the was not any
connectionbetween the primary voter and the person who sit at his representativeon
the legislative council/In these circumstances political participation remained a dream.

CHAPTER-4

6 Obnoxious: extremely unpleasent

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Conclusion
Conclusively we can say that Minto Morley Reform marked a important stage in the
representatives institutions and one step towads the role of Indian elective
representatives in the administration. It also gave recognition toelective principles as
the basis of composition of legislative councils for the first time.Though the narrow
franchises and the indirect elections allowed the entry of members in the undemocratic
mannerIt was for the first time that central and state subjects separated from each other
and for administrative,financial and legislative purposes these were specially
enumerated.In the provinces dyarchy was introduced and to some extent democratic
element was also introduced.

It was to be experienced whether India was ft for democracy or not In the words of RK
boball the Act,’’blazed a new trial’’and laid the foundation of Indian federalism,which
has been called by Whyte as ‘’federalism in embryo’’ . A sort of element of responsibility
was introduced in Indian provinces.

It injected a dode of autonomy inIndian political system and created an appetite for
more doses of autonomy in administration.To quote bombwall again ,’’The act reveals
first major breach in te constitutional monolithism of a unitary system of government
and shows the provinces throwing off a part of centre’s tutelage,’’

In nutshell it can be said that act of 1909 was ‘’the shadow rather the subject.’’

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BIBLOGRAPHY

 Book source:-
 Jain ,M.P: outlines of Indian legal history (6th ED.)1990.

Web Sources

 http://www.britannica.com
 http://www.jagranjosh.com
 http://brainly.in
 http://www.gktoday.in

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