MORLEY MINTO REFORMS/ INDIAN COUNCIL ACT 1909

The act royal assent on May 25, 1909, 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. There was a reason to bring this act, to tackle political unrest, which exist at the
time of British rule in India, there was unrest in people due to partition of Bengal in 1905,
Britishers separated extremists and moderates, extremists were suppressed but to moderates
some concession need to be given and it was given by this reform. “Three major components
may be distinguished here – outright repression, concessions to ‘rally the moderates’, and
(closely connected with the second) divide and rule, best typified by the device of separate
electorates.”1 The maximum number of nominated and elected members of the Legislative
Council at the Center was increased from 16 to 60.

“The Indian Councils Act of 1909 did allow somewhat greater powers of budget discussions,
putting questions and sponsoring resolutions to members of legislative councils, and for the
first time formally introduced the principle of elections.” 2 Seat allocations and electoral
qualifications were made by regulations in India, to be settled in accordance ‘with the
specific recommendations of the local government’ 3

The maximum number of nominated and elected members of the provincial legislative
councils, under a governor or lieutenant governor, was also increased. It was fixed as 50 in
Bengal, Bombay, Madras, United Provinces, and Eastern Bengal and Assam, and 30 in
Punjab, Burma, and any lieutenant – governor province created thereafter. Legislative
Councils were not for provinces under a chief commissioner. The right of separate electorates
was given to the growing communal activities especially in response to the formation of the
Muslim league on December 30th, 1906.

There was a second round table conference happened in the year September 7, 1931. Gandhiji
on behalf of the Indian National Congress participated in the conference. So, when Gandhiji
said India National Congress is the honorary representative of the combine political India and
untouchables should not be treated as a separate section because they are the section of the
Hindu society, and Muslims should also not be given any special privileges or separate
electorates because they are the part of India. They are the Indian people and all Indian
1
Sumit Sarkar, Modern India, ed. 8, 2017, p. 118
2
Sumit Sarkar, Modern India, ed. 8, 2017, p. 120
3
Ibid
people are equal. No, special privileges for anyone. This was the stand by Gandhiji, but his
stand was ignored. And at the end nothing considerable came out from the second round table
conference. And finally, there was an award announced “communal award” on August 16,
1932. The communal award was made by the British Prime Minister Ramsay MacDonald
granting separate electorates in India for the Forward Caste, Scheduled Caste, Muslims,
Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Depressed Classes (now
known as the Scheduled Caste) etc. Gandhiji criticized this “award” he meant to say that if
these depressed classes are part of the Indian society then why they are treated differently by
giving separate electorates. So, basically what Britishers were trying to do, they were
dividing the Indian society and want to break the unity of the Hindu society and Gandhiji
knew this strategy.

The government issued a white paper on the future of the Constitution of India. The
Constitution provided the proposals for the creation of several Muslim majority provinces
and the formation of legislatures on the basis of separate electorate.

First Round Table Conference

The Nehru report came in the year 1928 after which, Jawaharlal Nehru and Subhash Chandra
bose asked Gandhiji to take an initiative towards the British government. Gandhiji clearly
stated that if India didn’t get the dominion status within one year, till then Simon commission
report will also come, if then also they don’t give dominion status then I will start civil
disobedience movement. First of all the question is what is dominion status it means a
dominion was the ‘title’ given to the semi – independent polities under the British Crown. It
means all laws and regulations of a country are maintained and controlled by its own citizens
except for foreign relations, defence and communications.

Now, in the year 1930 the Simon Commission report came but there was no mention about
dominion status. At the same time, the Simon boycott movement stimulated the rapid growth
of radical forces.4 The Gandhiji started the first phase of the civil disobedience movement i.e.
Dandi March, from Sabarmati to Dandi to break salt law, due to which he was put in jail.

People usually confuse between Non – Co-operation movement and Civil Disobedience the
differences between both of them are, in Non Cooperation movement there was no fixed
focus on any subject means whether we want responsible government, dominion status or
complete independence etc. but in Civil Disobedience movement they asked for ‘Poorna
4
Sumit Sarkar, Modern India, ed. 8, 2017, p. 225.
Swaraj’ i.e. complete independence5. In non – cooperation movement they only showed non
– cooperation means they stopped going to English school, resigned from the government
jobs, boycotted British made clothes etc.6 but in civil disobedience movement they directly
broke law and even Gandhiji didn’t withdraw the movement. So, in India, the freedom
movement was in full swing with its demand for self – rule spearheaded by the Gandhi. The
conferences were based on the recommendation of Muhammad Ali Jinnah to Lord Irwin, the
then viceroy of India and James Ramsay MacDonald, the then British Prime Minister, and the
Simon Commission report. Lord Irwin wants to solve this matter quickly because whole
country was revolting against the Britishers. So, finally Irwin pact happened and it was the
first time that the Indians and the Britishers were meeting as ‘equals’. The first conference
started on November 12th, 1930.

There were 58 political leaders from British India, 16 delegates from the princely states, 16
delegates from the three British political parties. The Indian National Congress (INC) decided
not to participate in the conference. Many of the INC leaders were imprisoned due to their
involvement in the civil disobedience movement. Among the British – Indians, the following
representatives attended the conference: Muslim League, Hindus, Justice party, Sikhs,
liberals, Parsis, Christians, Anglo – Indians, Europeans, landlords, labour, women,
universities, Sindh, Burma, other provinces, and the representatives from the government of
India. As INC was not present in the party, so, first round table conference failed. British
Prime Minister Ramsay MacDonald put up three proposals, viz.,

a. To establish a federal government in India,

b. To grant self – government to the provinces, and
c. To retain control over the central government by the British government.

Jinnah’s demand for separate electorate for the Muslims became breaking point. Jinnah also
did not fail to raise his fourteen points as demands of the Indian Muslims. Ambedkar also
demanded separate electorate for the backward classes.

In any case, the absence of any representatives from the Congress had sealed the fate of the
Conference. Ramsay MacDonald expressed hope that the congress would in response to the
invitation of the governor – general would attend the second session of the Round Table
conference. The first Round table conference started from 12th November lasted till 19th
January 1931. Although many principles on reforms were agreed upon, not much was
5
https://shodhganga.inflibnet.ac.in, last accessed on (7-02-20)
6
Madhukar Singh, M.K. Gandhi and Non – Cooperation: A short Essay, pp. 3, 4
implemented and the Congress Party carried on its civil disobedience. The conference was
regarded as a failure. The British government understood the importance and the need for the
Congress Party to make any decision on India’s political future.

GANDHI IRWIN PACT

The first round table Conference failed. No result came out of it. The government therefore
decided to step down for a compromise with Gandhi, the leader of the nation. The Second
Round Table Conference was to be held in 1931 at London. Gandhi and many other leaders
were imprisoned along with thousands of Indians. Lord Irwin wanted the issue to come to an
end. So, Gandhi was released from prison in January 1931. 7 The then Congress President
Sardar Vallabhai Patel authorized Gandhi to hold talks with Lord Irwin. Accordingly, Gandhi
met Irwin and held negotiations: -

a. Immediate release of all political prisoners not convicted of violence;

b. Remission of all fines not yet collected;
c. Return of all lands not yet sold to third parties;
d. Lenient treatment to those government servants who had resigned;
e. Right to make salt in coastal villages for personal consumption (not for sale);
f. Right to peaceful and non – aggressive picketing; and
g. Withdrawal of emergency ordinances.

The viceroy, however, turned down two of Gandhi’s demands –

a. Public inquiry into police excesses, and

b. Commutation of Bhagat Singh and his comrades’ death sentence to life sentence.

Gandhi on behalf of the Congress agreed –

a. To suspend the civil disobedience movement, and

b. To participate in the next Round Table Conference on the constitutional question i.e.
federation, Indian responsibility, and reservations and safeguards that may be
necessary in India’s interests (covering such arears as defense, external affairs,
position of minorities, financial credit of India and discharge of other obligations).

7
Sumit Sarkar, Modern India, ed. 8, 2017, p. 266
Then duting this time Karachi session happened from 26 th March to 31st March, 1931 and this
session was presided by Sardar Vallabhai Patel, in this session Bhaghat Singh and Sukhdev
Rajguru were hanged and they were honored, Gandhi – Irwin pact was signed and endorsed,
and fundamental rights were adopted. It was for the first time that the two were meeting as
‘equals’.

SECOND ROUND TABLE CONFERENCE

The second Round Table Conference was held in London from 7 September 1931 to 1
December 1931 with the participation of Gandhi and the Indian National Congress in
London. There was so much chaos, whether conditions will be accepted in second round table
conference. In this chaos a quote said by a Gujarati poet Jhaverchand Meghani “Even this last
cup pf poison, you must drink, Bapu! This was said because everyone knew that it was not
easy to make the demand accept and not much was expected. So, Gandhi returned to India on
December 28, 1931 to India and again started the Civil Disobedience Movement 2.0. This
round table conference was failed because Muslim league and other groups were opposing
Congress’s objectives.

In August 1932 Ramsay MacDonald announced that I am extending the principle of

separate electorates for the depressed classes of India and Muslims, Sikhs, anglo – Indians,
Christians. This was the efforts to separate the depressed classes from the rest of the Hindus
by treating them as separate political entities. This award was based on the findings of the
Indian Franchise Committee (also called Lohian Committee) established separate electorates
and reserved seats for minorities, including ted pressed classes which were granted seventy –
eight reserved seats. Thus, this award accorded separate for Muslims, Europeans, Sikhs,
Indian Christians, Anglo – Indians, depressed classes, and even to the Marathas for some
seats in Bombay. This award was taken up as divide and rule adopted by Bristidhers to rule
the country.

It should be noted here that Dr. B.R. Ambedkar in the past, in his testimony to the Simon
Commission, had stressed that the depressed classes should be treated as a distinct,
independent minority separate from the caste Hindus. Even, the Bengal Depressed Classes
Association has lobbied for separate electorates with seats reserved. According, to the
proportion of depressed class members to the total population as well as for adult franchise.
But the Simon Commission rejected the proposal of separate electorates for the depressed
classes; however, it retained the concept of reserving seats.
In the second Round Table Conferenc held in London, Ambedkar again raised the issue of
separate electorate for the depressed classes. Earlier in the conference, Ambedkar had
attempted to compromise with Gandhi on reserved seats in a common electorates, but Gadhi,
who had declared himself the sole representative of India’s oppressed masses, rejected
Ambedkar’s proposal, and denounced the other deleated as unrepresentative. Further, Gnadhi
attempted to strike a deal with Muslims, promising to support their demands as long as the
Muslims voted against separate electorates for the depressed classes. It is argued that political
considerations might have motivated Gandhi to adopt such a stand. But despite such efforts, a
consensus on the minority representation could not be worked out among the Indian
delegates. Then Ramsay MacDonald, who chaired the committee, mediated and made sure
that all the members support his decision. And the outcome of his mediation was the
Communal award.

Main provisions of Communal Award

 Muslims, Europeans, Sikhs, Indian Christians, Anglo – Indian, depressed classes,

women, and even the Marathas were to get separate electorates. Such an
arrangement for the depressed classes was to be made for a period of 20 years.
 In the provincial legislature, the seats were to be distributed on communal basis.
 The existing seats of t he provincial legislature were to be doubled
 The Muslis, whwerever they were in minority, were to be granted a weightage.
 Except in north west frontier province, 3 percent seats were to be reserved for
women in all provinces.
 The depressed classes to be declared/ accorded the status of minority.
 The depressed classes were to get ‘double vote’, one to be used through separate
electorates and the other to be ued in the general electorates.
 Allocation of seats were to be made for labourers, landlords traders and industrialists
 In the provinces of Bombay, 7 seats were to be allocated for the Marathas.

Congress Stand
Though opposite to separate electorates, the Congress was not in favour of changing the
Communal Awrd without the consent of the minorities. Thus, while strongly disagreeing with
the Communal Award, the congress decided neither to accept it nor to reject it.

The effort to separate the depressed classes from the rest of the Hindus by treating them as
separate political entities was vehemently opposed by all nationalists.

Gandhi’s Response

Gandhi saw the Communal Award as an attack on Indian unity and nationalism. He thought it
was harmful to both Hinduism and to the depressed classes since it provided no answer to the
socially degraded position of the depressed classes. Once the depressed classes were treated
as a separate political entity, he argued, the question of abolishing untouchability would get
undermined, while separate electorates would ensure that the untouchables remained
untouchables in perpetuity. He said that what was required was not protection of the so –
called interests of the depressed classes but root and branch eradication of untouchability.

Gandhi demanded that the depressed classes be elcted thorugh joint and if possible a wider
electorate through universal franchise, while expressing no objection to the demand for a
larger number of reserved seats. And to press his demands, he went on an indefinite fast on
September 20, 1932. Now leadres of various persuasions, including B.R. Ambedkar, M.C.
Rajah and Madan Mohan Malviya got together to come to a compromise.

POONA PACT

Signed by B.R. Ambedkar on behalf of the depressed classes on September 24, 1932, the
poona pact abandoned the idea of separate electorates for the depressed classes. But the seats
reserved for the depressed classes were increased from 71 to 147 in provincial legislatures
and to 18 percent of the total in the Central Legislature. The Poona Pact was accepted by the
government as an amendment to the Communal Award.

Impact of Poona Pact on Dalits

The Poona Pact, despite giving certain political rights to the depressed classes, could not
achieve the desired goal of emancipation of the depressed classes. It enabled the same old
Hindu social order to continue and gave birth to many problems.

 The Pact made the depressed classes political tools which could be used by the
majoritarian caste Hindu organisations.
  It made the depressed classes leaderless as the true representatives of the classes were
unable to win against the Hindu representative.
 This led to the depressed classes to submit to the sttus quo in political, ideological
and cultural fields and not being able to develop independent and genuine leadership
to fight the Brahminical order.
 It subordinated the depressed classes into being part of the Hindu social order by
denying them a separate and distinct existence.
 The Poona Pact perhaps put on obstructions in the way of an ideal society based on
an equality, liberty, fraternity, and justice.
 By denying to recognize the Dalits as a separate and distinct element in the national
life, it pre – exempted the rights and safeguards for the Dalits in the Consitutiton of
independent India.

Joint Electorates and its Impact on Depressed Classes

The Working Committee of All India Scheduled Caste Federation alleged that in the last
elections held under the Government of India Act, 1935, the system of joint electorates
deprived the scheduled castes of the right to send true and effective representatives to the
legislatures. The committee, further, said that the provisions of the joint electorate gave the
Hindu majority the virtual right to nominate memebers of the scheduled castes who were
prepared to be the tools of the Hindu majority. The working committee of the federation,
thus, demanded for the restoration of the system of joint electorates and reserved seats. Even
after signing the Poona Pact, B.R. Ambedkar continued to denounce the Poona Pact till 1947.
So, when the communal award was announced in the year 1932, Gandhi saw this award as an
attack on Indian unity. So, to criticize this award Gandhiji went on indefinite fast on
September 20, 1932. During this time the Dalit leader Babasaheb Bhim Rao Ambedkar and a
leader by Congress Madan Mohan Malviya they mediated and full pressure was on
Ambedkar to solve an issue

THIRD ROUND TABLE CONFERENCE

The third round table conference, held between November 17, 1932 and December 24, 1932,
was not attended by the Indian National Congress and Gandhi. It was ignored by most other
Indian leaders. Again, like in the two previous conferences, little was achieved. The
recommendations were published in a White Paper in March 1933 and debated in the British
Parliament afterwards. A joint Select Committee was formed to analyze the recommendations
and formulate a new Act for India, and that committee produced a draft bill in February 1935
which was enforced as the Government of India Act of 1935 in July 1935.

Reservation

India, as a nation, was divided from time immemorial on the basis of caste, sex, and religion.
One of the ramifications of the caste system that prevails in the country is the reservation
system, which entails reserving a certain percentage of seats in government institutions for
education or employment, for people belonging to backward groups or minorities. These
include the set-aside quotas.

“Discrimination against groups of citizens on grounds of race, religion, language, or national

origin has long been a problem with which societies have grappled”. 8 Hindu society is
divided into four varna, or classes, a convention which had its origins in the Rig Veda. Means
highest varna in the hierarchy - Brahmins, Kshatriyas, and Vaisyas are considered “twice –
born” according to Hindu scripture, meaning they are allowed to participate in Hindu
8
http://www.ambedkar.org, last accessed on (10-02-20)
ceremonies and are considered more “pure” than the Sudras and “polluting” untouchables. 9
This concept of untouchability exists from long that the lower caste people will be given the
task of lower level only.

The Indian reservation system is designed to encourage, or provide incentives for, the
specific governments, government jobs, and enrollment in higher education institutions. The
quota feeds the historically disadvantaged castes and tribes, identified by the Government of
India as Scheduled Castes and Scheduled Tribes, also those known as Other Backward
Classes (OBCs) and the economically backward general.

10
In Article 15 it is written that “the State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them”. But on the other
hand it is written in Article 16 (4) of the Constitution that the State can discriminate i.e.
positive discrimination for women, children and backward people.

Difference between reservation and separate electorate

Reservation is basically for provide facilities to backward classes in educational institutions

and government jobs. But, separate electorates are types of elections that in which minorities
select their representative means this representative is from particular community. For
example, A is the community and X is the representative from community A. The concept of
separate electorates is brought because minorities doesn’t get representation like there were
large number of Indian Muslims but when Britishers imposed democracy they didn’t get
representation, so, they demanded separate electorates. So, separate electorates are for
placing the grievances and to show the representation of the community in the system.

9
http://www.ambedkar.org, last accessed on (10-02-20)
10
https://indiankanoon.org, last accessed on (10-02-20)