The Indian council act 1861

Main objectives of this act:

1. Expansion of governor general legeslative council

2. restoring the legisletive power to the presidencies of bombay and madras
3. providing for establishment to legislative bodies in other provinces.

This act made significant changes in both legisletive and excecutive part of the government
Changes in legisletive :
The Indian Council Act of 1861 added a popular element by allowing some non-official members of the
Executive Council to engage in legislative proceedings.The Legislative Council lacked both deliberation and
representation. Its members included nominated, and their duty was confined to legislative deliberation.
New legisletive council Consist member of the governor-general's council and not less than 6 and more than
12 members were appointed by governor general for 2 yrs. 1/2 members of the council don't hold any office
under government. THis law didn't make any specific law for the appoinment of the Indian member but they
was an assurance that an Indian member will also hold seat.
The present legisletive body was allow to pass law for whole India and it legisletive power was extended
over all person within Indian domain of her majesty. Sanction of governor-general were mandatory for
introducing measures affecting revenue or debt , defense and foreign affairs. But crown had all the power to
disallow law already passed by governor-general. Also governor-general has this special power to issue
ordinance in case of emergeny without any consultant, which would be valid for 6 months.

Changes in excecutive :
After the expansion of excecutive part of council of governor general fifth member of law was added who
looks after finance. By this power lord canning introduced cabinet system in Indian government and now
each member of the council was allocated a portfolio of a particular department. This laid the foundation of
cabinet system in India. Also this act empowered the governor general to make rules for more convienient
transaction of buisness in council.

Provincial legisletive council:

This act restore this council but this time it work as a sub-ordinate to legisletive council. No laws can be
passe by provisional coiuncil until they get assent of legisetive council. And in case of navy,
millatary,currency and post prior permission of governor general was necessary. Also they were only
resonsible to pass law for peace and good government of their respective presidencies.
Criticism:

The council act 1892

Background
This act had great contribution to the growth of representative institution in constitutional history of India.
Several social and religious changes were emerging during this time which leds to formation of INC. Also
spread of western education leds to new political awakening feom universities of culcutta, madras and
bomabay. Apart from this european merchants wanted to have more representation in legisletive counci.
These situation made Lord Dufferin realised the need of a more powerful lesgisletive council in India. This
led formation committee to form principles on the basis of which Indian council act, 1892 was introduced.

Provisions ;
At the Centre, the number of members in the Legislature has been raised.The minimum and maximum
numbers were set at 10 and twenty, respectively. At least ten of them were to be non-officials. In addition, the
number of members in provincial legislatures was raised. There was an eight-person minimum and a twenty-
person maximum. There was also a rise in the number of non-official members among them. From province
to province, the overall number of members differed. It was retained at fifteen in Uttar Pradesh, and twenty
in Madras and Bombay. The Governor-General and governors continued to nominate members of the
Legislative Councils.
However, this Act makes provision for them to be nominated on the basis of recommendations from certain
organised groups such as the "Calcutta Chamber of Commerce," "Zamindars' Association," "University
Senates," and "District Boards," among others. The non-official members of the Provincial Legislature were
also given the authority to convey their suggestions to the Centre. As a result, the Act established an indirect
election system for members of the Legislative Councils. Number of addition members was made not less
than 10 and not more than 16 nominated members. it empowered the to discuss annual financial statment
under certain circumstances.Also in the matter of public intrest members were allowed to ask question for
which 6 days notice was require for every question.

Contributions

1. Increased the number of member in central and provincial legisletive council.

2. Introduced the principle of election.
3. Involvement of Indians in the council.

The Indian council act, 1909 Minto-Morley Reforms

BACKGROUND;
The Indian Councils Act of 1892 failed to satisfy the Congress's legitimate objectives, and Tilak denounced
the moderate leaders' attitude, saying, "Political rights would have to be fought for." Persuasion, according to
the moderates, can win these. We believe that under duress, these may be won.” Indians with a higher
education were denied access to government services and administration. The notorious division of Bengal,
which was seen as a covert attack on Bengal nationalism's developing cohesion. Bengal is embarrassed and
offended, and has turned to a ferocious campaign to correct the wrongdoing. In 1907 the humiliation of
Bengal was at its peak. Beside this the growth of INC and unification of Indians created danger of political
awakening to britishers. To over come this fear they came up with policy of "divide and rule". The muslim
league came into existence in 1907 and britishers introduced a sperate communal representation for muslims.
Gradually they extended this to sikh, europeans and etc to provoke conflicts among the other classes. Later
on lord morley and lord minto appointed a commitee under sir arundale to report necessity of reforms.

Provisions of Act
The number of extra members in the Viceroy's executive council for legislative purposes was increased from
16 to 60. A total of thirty to fifty new members were to be added to the provincial council. Ex-officials and
non-officials are not included. The official members were to be in the majority at the centre. Non-official
majorities were accepted in the provincial legislature. This was done with the assumption that the noon-
official members would represent such a wide range of interests and classes that taking a united stance would
be impossible. There were 37 people in the central or imperial legislative council. The way in which non-
official seats were apportioned 9 and filled of these 32 noon-official seats, 5 were filled by nomination by the
government, made the Act historic. The remaining 27 seats were assigned to the following people: Members
of the public who are not formal members of Provincial Legislative Councils (PLCs) (13), made up of
landowners from six provinces (six), and Muslims from five provinces (five), by Muslim landowners in Uttar
Pradesh, or Bengal-01, by the Chambers of Commerce of Bengal
Bombay-2, Calcutta. Muslims landowners were given weight age not in response to any benefits that could
be proved in actuality, but in anticipation of them. Elections were planned to fill these seats. A double-
indirect form of elections was used for the 13 open seats. Representatives for the Provincial Legislative
Council are chosen by the taxpaying inhabitants of a town or village. As a result, 200 non-official members
of Provincial Legislative Councils sat in 13 seats that were not reserved. Furthermore, Muslims were to be
chosen by a distinct electorate, that is, a Muslim-only electorate. Muslims were also given weight age, which
meant that they were awarded more seats than their percentage merited.
The Council was given only three responsibilities: budget debate, discussion of any subject of public
concern, and questioning. The scope and extent of these powers were established by the Governor-rules.
General's Members were also given the opportunity to ask follow-up questions and propose resolutions on
issues such as loans to local governments, extra grants, and new levies.
The President of the House was given the authority to veto any resolutions passed by the House without
providing a rationale.While the members were free to discuss on the budget, the regulation stated that they
were not allowed to vote on it.
The Act of 1909 recognised the election concept for the nomination of non-official members to the Councils
for the first time. The Governor-General was given the authority to issue detailed rules to carry out the
proposal of the electoral concept.Regrettably, the electorate for returning the MPs was split along class,
neighbourhood, and interest lines. Furthermore, voting requirements varied from province to province.

Criticism :
The extent of the Legislative Councils' membership and area of operations were undoubtedly expanded, but
its fundamental nature remained same. In order to ensure the safe passage of crucial government measures in
the Imperial Legislative Councils, the majority of the Imperial Legislative Council The formal members
were kept. The Governors only have the power to vote on legislation. The administrative departments
remained completely under the jurisdiction of the executive councillors, and They were unable to be
removed from their workplace.
The community idea that was adopted resulted in more animosity than it did in finding a solution. The
adoption of the community idea destroyed any possibility of national awareness that existed at the time. The
opening of Pandora's box proved to be the remedy. The Act failed due to India's shifting political
atmosphere, which included the growing crescendo of nationalism led by Gandhi, Tilak, Lajpat Rai, and
Bipin Chandra Pal, the Lucknow Pact, the Khilafat Movement, the Jallianwala Bagh massacre, the home rule
movement, and many others.
According to the Act of 1909, the Muslims were given the right of plural voting and direct elections. The
landlords too were given a preferential treatment. The Government of India wanted to crush the nationalists
And destroy their one ness and solidarity. Even the moderates were dissatisfied. The actual working of the
reform brought into limelight and evil consequences of communal representation in the Councils.
The electoral process was deceptive. Members of local bodies were elected by the people, while members of
an electoral college were chosen by the latter. Members of the provincial legislature were elected by the
electoral college, and members of the provincial legislature were elected by the members of the provincial
legislature.
the imperial legislature's members As a result, there was no link between the two the people, as well as the
members of the legislature. There was no sense of accountability of themembers towards the general public.

The Indian Council act of 1919

Background
In 1911 King George V the King of England arrived in India and changed the capital from Culcutta to Delhi.
This reflected changes in British policy. The government passed certain legislations to supress rising voice of
Indians. The press act of 1910, the act of 1913, the defense act of 1915 and etc empowered government to
supress the political awakening of Indians.The main aim of 1909 act was to winn over moderated but it failed
in that and Indian learder were very disssatisfied with morley-minto reform. The Indian National Congress
expressed its dissatisfaction at the unfairly preponderant share of representation given to the followers of one
particular religion, the general distrust of the educated classes, the unsatisfactory composition of the non-
official majorities in the provincial councils, rendering them ineffective and unreal. The Muslims were also
getting restive. They had come to realize the importance of their position from their experience of separate
electorates. The Muslim territories were being absorbed by Christian powers of Europe in the Balkans. The
Muslims were annoyed over the acts of omission and commission of the British government in the case of
Morocco. The entry of Turky in the Great War, on the side of Germany further estranged the relations. This
estrangement brought the Hindus and the Muslims closer. This resulted in the conclusion of the Lucknow
Pact of 1916.After world war 1 Indian nationalism rose rapidly and hindu- muslim came under one umbrella
to protes against britishers. In world war 1 Britishers needed full cooperation of India in terms of man power
and money. So, in 1917 Montangue declared future policy of britishers for Indians. This policy was
considered to introduce revolutionary changes. It was clear repudiation of 1909 act which given no
concession of self government in british government. So, in 1917 Montangue arrvived in India made top
leader of India, studied the problems and drafted 1919 act along with Lord chlemsford.

Provisions of the act:

The proclaimed objective of Parliament was to allow for more Indian participation in every sector of Indian
government and to progressively build the self-governing institution. The only way to make progress in
putting this policy into action is to take little steps at a time.. The proclaimed policy of Parliament is to
promote responsible administration in British India. The growth in that direction was to begin in India's
provinces, and as a result, those provinces should be allowed the greatest degree of autonomy from the
Indian government in provincial issues.
The governor-principal general's executive authority remained with him, and he was still accountable to the
British Parliament through the Secretary of State, rather than to the people. To implement the policy of
increasing association of Indians in every branch of administration- It was provided that, of the six members
of the Executive Council of the Governor-General, three would be Indians. It should however be noted that
these members were given portfolios of lesser significant like law, education, health etc., They were
accountable to the Governor-General and through him to the Secretary of State and not to the legislature. The
Governor General's Executive Council's constitution was changed somewhat while the Indian legislature's
makeup has changed significantly, it has been updated.
The Act set up a bicameral legislature at the centre inplace of the Imperial Council consisting of one House.
The two Houses were to be the Council of State and Central Legislative Assembly. The Council of State
which was to be the upper house was to consist of 60 members, 27 of whom were to be nominated by the
Governor-General and 33 were to be elected. The 27 nominated memberswere to consist of 17 officials and
10 elected members, 16 were to be elected by non-Muslims, 11 by the Muslims, 3 by the Europeans, 2 by
non-communal elements and one by the Sikhs. Its president was to be nominated by the Victory.
The most significant changes made by the Act of 1919 were in the field of provincial administration under
the system known as “Dyarchy”. Dyarchy is a derivative of two Greek words “di” meaning twice and archie
meaning rule, so it means dualism in Government. This dualism was designed to meet in some measure the
popular demand for selfgovernment. The subjects to be dealt with by the provincial governments were
divided in to two parts, Reserved subjects and transferred subjects. Reserve subjects were administered by
the Governor with the help of the Executive Council to be nominated by him and the transferred subjects
were looked after by the ministers of the legislature. The reserved subjects were as under-administration of
justice, police prisons, irrigation and canals, drainage and embankments, Land revenue administration,
Famine relief etc. In order to remove conflicts between two houses this act provided joint sitting, joint
conferences and joint committees of the houses.
Substantial representation was given to member of Indian civil services in excecutive council and this
practice remain same till 1947. Also this act says that Indian legislature has no power to amend the
government act of 1919.
Criticism:
This act failed to satisfy the Indian political leaders and proved faliure because of various reasons. One of the
main defect of this act was system of Dyarchy. This was an unsound step as it proposed perfect division of
departments which was an impacticable thing. The inherent defect of the system was aggravated by the way
in which the provincial subject was divide into transffered and reserved. And so these policies never reached
to the public. Also the protests were continue against rowlat act 1919, jalliawala bagh massarce and
enforcement of martial law in punjab.

The government act of 1935

This act was another milestone on the road of fully responsible government. This act brought radical changes
of the policy in two respect: firstly it introduced a federal form of government in the place of unitary form
and secondly the provision of the act invisaged a federation to which the native state of India were to accede.
Main provisions;

1. Option for state join; This act provided the formation of All India federation. All provinces were to
join this federationautomatically but the problem was with Indian native states. It was purely voluntary
basis for Indian states to join federation by Instrument of Accession.
 2. Division of power: This act provides division of power between center and the units under three list
namely, Federal list, provincial list and concurrent list. As regards the concurrent list both the federal
legislature and provincial legislature given power to pass law on subject stated in the list.
3. Dyarchy at the center: It established dyarchy at center and, dyarchy which was established on
Provinces under the act of 1919 was abolished. At center part of federal excecutive was declared
reserved while another part was transffered. Reserved part consiste matter of defense , external affairs
and etc.
4. Bicameral federal legislation: It consist of federal legislature and council of state. Life of federal
legislature was fixed for 5 years and council of state was a permanent body and 1/3 rd memeber of it
were retire every three year. The members from the states were to be nominated and representatives of
british India were elected.
5. Legislature power restricted; The power of legislature was still restricted as there were many non-
votable items in the budget over which federal legisalature has no control. The governor-general
empowered to summon joint sitting of the two houses of federal legislature when bill is passed by one
house and rejected by another.
6. Autonomy in name only: This act estabished autonomy of the provinces accordance with the August
declarationof 1917. It also abolished Council of the secretary of state.
7. Establishement of federal court: The act established a federal court with original and appellate
jurisdiction to decide disputes between federating units between the federal government and privy
council remain final court of appeal.

Criticism:

1. Darchy system
2. Privilaged position of state
3. Communal awards
4. Discretionary power

Independence act 1947

The Indian Independence Act, which was prepared in New Delhi after hearing the views of India's leaders,
was adopted by the British Parliament in July 1947. It became effective on August 15, 1947. The Act
established two separate dominions, India and Pakistan. East Bengal, West Punjab, Sind, Brluchistan, and the
Northwest Frontier were to be part of Pakistan, while the remainder of British India was to be part of India.
The precise borders of Bengal and Punjab were to be demarcate by two boundary commissions, each with
four members, two chosen by the Congress and two by the League, and both chaired by Sir Cyril
Radcliffe. Each Dominion was to have a Governor General, appointed by the King, to serve as constitutional
head. Mountbatten wanted to be the common Governor General for both the countries but while Nehru
invited him to continue, Jinnah did not. As a result while Mountbatten became the first Governor General of
India, Jinnah that of Pakistan.The Constituent Assemblies had the power to draft constitutions for the
respective dominions. The Government of India Act of 1935 was to remain in force till the new constitutions
came into effect. Each Dominion was too have a fully sovereign legislature with power tom make laws and
no law passed by British Parliament was applicable either to India or to Pakistan unless the respective
legislature accepted it

Mountbatten emphasised to the princes that when British supremacy ended, they would be free to do
anything they wanted.

were to accede to either India or Pakistan, as geographical reasons demanded.