Mhys 14

M.
A HISTORY
SEMESTER-I
MHYS-14
CONSTITUTIONAL HISTORY OF INDIA

(FROM 1773 TO 1950 A.D.)
SCHOOL OF HISTORY AND TOURISM STUDIES

TAMIL NADU OPEN UNIVERSITY
No.577, Anna Salai, Saidapet, Chennai – 600015
JUNE 2021
Name of Programme: M.A. History
1st Year (Semester-I)
Name of the Course Code MHYS – 14 Constitutional History of India

with Title: From 1773 to 1950 A.D.
Curriculum Design/Content Dr. N. Dhanalakshmi

Editor/Course Coordinator :
Professor & Director
School of History and Tourism Studies
Tamil Nadu Open University
Course Writer: Dr. R. Jaganath,

Asst. Professor of History
Rajus’ College
Rajapalayam -626 117.
Translator:
June 2021 (First Edition)
Reprint (Year)
ISBN No: 97-893-5706-344-9
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M.A. HISTORY
SEMESTER – I
MHYS- 14
CONSTITUTIONAL HISTORY OF INDIA
From 1773 To 1950 A.D
Syllabus
Block I
The circumstances leading to the passing of the Regulating Act of 1773 A.D -Its
provisions – Merits and defects – importance of the Regulating Act – The Judicature Act
of 1781 A.D. – Fax India Bill – Pitts India Act of 1784 A.D. – Circumstances leading to
the Act – its provisions – its importance – Charter Act of 1793, 1813, 1833 and 1853 –
significance.
Block II
The Queens Proclamation – Government of India Act of 1858 A.D – Home

Government - Government of India – Provinces. Indian Councils Act 1861 and 1892 –
Constitutional development and its importance – Minto – Morley Reforms – Provisions –
Merits and defects - significance
Block III
Circumstances leading to Lucknow Pact – August Offer 1917 A.D – The

Government of India Act of 1919 (Mont-ford Reforms) – Provisions- Changes In Home
Government – Indian Government – Centre and Province – Merits and defects –
significance.
Block IV
Simon Commission – its recommendations – Nehru Report -Round Table

Conferences – The Government of India Act of 1935 – provisions – Merits and Defects –
significance.
Block V
Cripps Mission – Cabinet Mission – Mountbatten Proposals – Indian

Independence Act of 1947 A.D - Constituent Assembly - Republican Constitution of India
– Salient features of the Constitution of Indian Republic – Fundamental Rights –
Directive principles of State Policy.
SCHEME OF LESSONS
BLOCK I Page No.
UNIT 1 The Regulating Act 1773 2-9
UNIT 2 The Pitt’s India 1784 10 - 18
UNIT 3 The Charter Act of 1793 And The Charter Act of 1813 19 - 25
UNIT 4 The Charter Act of 1833 And The Charter Act of 1853 26 - 30
BLOCK II
UNIT 5 The Government Of India Act, 1858 32 - 37
UNIT 6 The Indian Council Act Of 1861 38 - 43
UNIT 7 The Indian Council Act Of 1892 44 - 49
BLOCK III
UNIT 8 Minto – Morley Reforms 1909 51 - 57
UNIT 9 Lucknow Pact And The Congress-Muslim League Scheme, 1916 58 - 63
UNIT 10 The Government of India Act of 1919 64 - 72
BLOCK IV
UNIT 11 Simon Commission 74 - 78
UNIT 12 Nehru Report And Jinnah’s 14 Points Formula 79 - 85
UNIT 13 The Constitutional Development From 1928 To 1935 86 - 93
UNIT 14 The Act of 1935: The Features of The Act of 1935 94 - 99
UNIT 15 The Act of 1935: All India Federation And A Government

of Provinces: Provincial Autonomy 100 - 112
BLOCK V
UNIT 16 The Cripps Mission And The Cabinet Mission 114 - 122
UNIT 17 Mountbatten Plan 123 - 127
UNIT 18 The Constituent Assembly 128 – 135
URKUND Plagiarism Report 137

BLOCK I
The East India Company was successful in establishing trade with India.
It acquired considerable territories by 1773. It rose from the position of
trader and it became a governing body. The Dual Government established
by Clive was defective. Even Clive was not content with the state of affairs.
He had written to Pitt, the then Prime Minister of England, recommending
measure to be adopted for maintaining effective control over such a large
territory occupied by the East India Company. People in India and Great
Britain had criticized the misrule of the Company. Hence the Directors of
the Coy had sent Warren Hastings especially with directives that “we now
arm you with our full powers to make a complete reformation.” A bill was
brought in the Parliament in 1772 and House of Commons appointed a
select committee to enquire into the matters. Though the Company
opposed the Bill, an Act was passed to regulate the affairs of the East India
Company by the Parliament in 1773. This Act was known as Regulating Act.
Thus the Regulating Act was the first milestone in the history of
Constitutional development of India. There were series of acts passed
following the Regulating Act. The history of Constitutional development of
India can be studied in two phases, from 1773 to 1858 (under the
Company’s rule) and from 1858 to 1947 (under the British rule).
The first block consists of four units – from 1 to 4. The circumstances
leading to the Regulating Act, the provisions, merits and demerits of the Act
have been dealt with in the first unit. The second unit discusses with the
Pitt’s India Act, 1784 which was an attempt made to remove the defects
found in the Regulating Act. The third unit covers the Charter Act of 1793
and renewed within 20 years according to the Regulating Act. It also
confirmed the previous provisions of the Acts of 1773 and 1784. The
Charter Act of 1813 has also been dealt in the same unit. It was important
in the sense that the British traders were allowed to trade with India and it
resulted in coming of more Englishmen into India. The European Culture
began to flow into India. The fourth unit covers the circumstances leading
to the Charter Act of 1833, its provisions and the Charter Act of 1853.
These Charter Acts strengthened the hands of the British Empire and it was
a question of time to take over the Indian administration of the Company by
the British Empire.
1
Unit 1
THE REGULATING ACT 1773
STRUCTURE
Overview
Objectives
1.1 Introduction
1.2 Circumstances leading to the passing of the Act
1.2.1 The affairs in England
1.2.2 The Nabobs in England
1.2.3 Economic Condition of the Company
1.2.4 Corruption of Company Servant
1.2.5 Lack of Co-ordination in running
Company’s administration
1.2.6 Natural Calamities and miseries of the people in Bengal
1.2.7 Action taken by the British Parliament
1.3 Provisions Directors
1.3.1 Governor General in Council
1.3.2 Governor in Council
1.3.3 The Supreme Court
1.3.4 Relating to the Company Servants
1.4 Criticism – Merits and Demerits

Let us sum up
Glossary
Answers to check your progress
Overview
This Unit describes the circumstance leading to the passing of the
Regulating Act with the provisions and the merits and demerits of the
Act
2
Objectives
After reading this unit you will be able to
 examine the circumstance leading to the passing of the Regulating Act
 explain the provisions of the Regulating Act
 point out the merits and demerits of the Act
1.1 Introduction
The Regulating Act was the first enactment passed by the British
Parliament to regulate the working of the territorial acquisitions of the
English Company in India in 1773. This removed the defects found in the
East India Company’s administration. Moreover, it is the milestone in the
Constitutional development of India. There were number of factors
responsible for the passing of the Regulating Act.
1.2 Circumstance leading to the passing of the Regulating Act

1.2.1 The affairs in England
The question of Company’s position and sovereignty of India

The epoch making events namely the battle of Plassey and Buxar
made the East India Company the virtual masters of the three provinces –
Bengal, Bihar and Orissa. The Company got the Diwani of Bengal, Bihar
and Orissa from Emperor Shah Alam. This created a constitutional
anomaly that the East India Company acquired a sort of semi – sovereign
status in the said provinces. The English Law says that a subject could
acquire territory only in the name of the Crown. The British Government
should either regularize the Company’s territorial position in India or itself
assume this position. Educated public opinion in England through the press
and on the floor of Parliament began to ask for control by the State over the
political activities of the English East India Company. Hence Parliament
had to intervene to regulate the Company’s position.
1.2.2 The Nabobs in England
“Nabobs” was the nick name of the servants of East India Company in
India. They amassed the wealth in India and after returning to their home
3
they purchased the rotten boroughs and became the members of
Parliament in England. They became formidable political power.
1.2.3 Economic condition of the Coy
The proprietors of the East India Company had appetite of rising for
dividends. The dividend was raised in 1766 from 6% to 10% and later to 12
½ %. But the real condition of the company was about to become bankrupt.
The Directors were forced to inform Lord North in 1772 that unless they
could obtain a loan of one million pounds from the state, they could not
carry on their business. A Secret Committee was appointed and it studied
the condition and reported the deplorable economic condition of the
Company.
1.2.4 Corruption of Coy servants
The Company servants’ corruption and misuse of power were also some
of the factors for the intervention of the Parliament of England. The
company officials were oppressive and obtained many in illegal ways
receiving bribes, presentations, etc. They not only did get a huge amount as
salary but also amassed wealth by private trade. When they returned to
England they spent so lavishly that affected the economy of England. It
was a glaring to the people of England that the Nabobs would have
amassed the wealth through illegal ways in India.
1.2.5 Lack of co-ordination in the Company’s administration
The East India Company had its Head Quarters at Madras, Bombay and
Calcutta. They functioned independently under the Governors and there
was no co-ordination between them. There were practical difficulties in
running the administration in India. Therefore, there was a need to function
under one head so as to run the administration effectively.
1.2.6 Natural calamities and miseries of the people in Bengal
A famine occurred in Bengal in 1770. As a result, people suffered a lot.

Human beings died like insects followed by starvation, pestilence and small
pox. Many people could not pay the tax and practically there was no trade.
But the Company officials collected tax and added the misery of the people.
1.2.7 Action taken by the British Parliament
The Dual Government lasted from 1765 to 1772. While the Government
was keen in collecting tax, it neglected in protecting the people. The House
of Commons in England appointed a select committee in 1772 and a Secret
4
Committee in November 1772. The Secret Committee was required to
submit the report after looking into the affairs of the Company in India. As
per its suggestion, it was decided to pass legislation to regulate the affairs
of the English East India Company. As a result, the British Parliament
passed two Acts. Accordingly the first Act sanctioned a loan of 1,400,000 to
the Company. The other Act was the Regulating Act of 1773.
1.3 Provisions of the Regulating Act

1.3.1 Directors
The Regulating Act laid down that the Directors were to be elected
for a four year term, one-fourth of them retiring every year. A proprietor who
held £1,000 worth of stock for at least one year was given one vote in the
court of proprietors. Shareholders who possessed £ 3,000 worth of stocks
were given 2 votes and those of possessing £10,000/- as stocks were given
4 votes.
Copies of letters received by the Directors and Governor General in
Council relating to revenue were to be sent to the Treasury and those
relating to civil and military affairs were to be sent to one of the Secretaries
of State.
1.3.2 Governor General in Council
The Governor of Bengal hereafter came to be known as the
Governor General of Bengal. His annual salary was £25,000. He was to be
assisted by four members each with an annual salary of £10,000. The term
of office was for five years. Warren Hastings was appointed the first
Governor General of Bengal and the councilors were Clavering, Monson,
Philip Francis and Barwell. Though Governor General could not overrule the
majority views of his Council, he had a casting vote in case of a tie. He was
empowered to Superintend and control Presidencies of Madras and
Bombay.
1.3.3 Governor in Council of Presidencies
Governor in Council of Presidencies were required to obey the

orders of Governor General of Bengal. But in case of emergency they could
act independently. All the rules and regulations framed by them had to be
sent to the Governor General in council.
1.3.4 The Supreme Court
5
The Act provided a Supreme Court of judicature at Calcutta with a
Chief Justice and three puisne judges – Sir Elijah Impey the first Chief
Justice. The salary of the Chief Justice was fixed at £8,000 and that of
ordinary Judge £6,000. The Supreme Court was given the power to try civil,
criminal, admiralty and ecclesiastical case. It had original and appellate
jurisdictions. The Governor General or a member of a council or a judge
was not liable to be imprisoned or arrested upon any action or suit in the
Supreme Court. The Governor General or a member of Councilor or a
judge could be tried only in King’s Bench in England.
It was also empowered to punish murders, piracies and treason committed
on the high seas by those placed under its jurisdiction. In civil cases, of the
value of over 1000 pagodas, an appeal could be carried from this court to
the King in Council within six months.
1.3.5 Relating to the Company servants
Receiving of presents and bribes by the servants were prohibited by

the Act. No British subject was to change interest at a rate higher than 12
per cent. “No person holding or exercising any civil or military office under
the Crown shall accept, receive or take directly or indirectly any present,
gift, donation, gratuity or reward , pecuniary or otherwise.” It was made
clear that the offenders were to make double payment and were liable to be
removed to England.
1.4 Merits and Demerits of the Act
There were defects also found in the Regulating Act. When the Act was put
into practice there came to know the defects that it did not serve the
purpose for which it was enacted.
Merits
The Regulating Act was the first of a series of Acts passed by Parliament
to regulate the Government in India. It was the written constitution. It made
parliament control over the East India Company. It recognized the political
functions of the Company. Lyall says, “The system of administration set up
by the Act of 1773 embodied the first attempt at giving some definite and
recognizable form to the vague and arbitrary ruler ship that had developed
upon the Company. From that time forward, the outline of Anglo-Indian
Government was gradually filed.”
6
Sri Ram Sharma says that no other European nation had so far made any
such attempt and for the English too it was the first measure of its kind.
It became the framework for all constitutional enactments that followed.
By the revision made in the voting qualification that those who had held a
stock of 1000 pounds for the preceding 12 months, the number of voters
were reduced – 1246. The raising of the qualification of the voters among
the proprietors made the Court of Directors into more or less a permanent
oligarchy. The Act recognized that the Company as a political power
It was the first attempt to centralize administration of the Company in
India.
It prohibited the corruption of the Company servants and removed the
private trade undertook by the Company servants.
The Supreme Court was established and it was entrusted ecclesiastical,

civil and criminal jurisdiction over the British subjects in Bengal, Bihar and
Orissa and over all the persons employed directly or indirectly in the service
of the company.
Demerits
In spite of some merits found in the Act, there were defects too. It came to
know only when the Act was working. P.E.Robert describes that the
Regulating Act was a half –measure and disastrously vague on many
points. Further he pointed out that the Regulating Act “had neither given the
State a definite control over neither the Company, nor the Directors a
definite control over their servants, not the Calcutta Presidency a definite
control over Madras and Bombay.”
The court of directors became an Oligarchy.

The changes made in the voter’s qualification did not yield desired result.
The persons who were entrusted to scrutinize the reports of Company
were not expert in Indian affairs and therefore there was no effective
machinery in England.
The change in voter’s qualification did not affect the proprietors.
There was no clear cut information in the Act about the powers of
Governor General in Council and the Judges of Supreme Court or their
relation with one another.
7
By requiring that all the decisions of the Governor General in Council
required a majority vote and by refusing to arm the Governor General with
the power of over-riding his council it made him weak as against his own
Council.
Though Governor General in Council was given superintending power over
Madras and Bombay Presidencies, there was a loop hole that the
Governors of Presidencies could declare war at emergency time without
mentioning Governor General.
There was no definite information about the powers and relationship of the
Supreme Court and Governor General in Council. The Act did not define
the relations of the Supreme Court with the Company’s Courts.
The jurisdiction of the Supreme Court and the laws which it had to enforce
were not clarified.
It was not mentioned in the act which law was to be administered by the
Supreme Court. Was it be the Hindu Law, Muslim Law or the English Law?
The judges of the Supreme Court knew only the English Law. Moreover,
there was vague that who came under the trial of the Supreme Court –
whether company servants, the English subjects in India, European.
According to P.E.Roberts “the Regulating Act was a half-measure and
disastrously vague on many points. The titular authority of the Nawab of
Bengal was left by implication intact and no assertion was made of the
sovereignty of the Crown or Company in India.” He also pointed out that the
Regulating Act “had neither given the State a definite control over the
Company, nor the Directors a definite control over their servants, nor the
Governor-General a definite control over his council, nor the Calcutta
Presidency a definite control over Madras and Bombay.”
‘The Act neither gave the state a definite control over the Company, nor the
Directors a definite control over their servants nor the Governor General a
definite control over his Council, nor the Calcutta Presidency a definite
control over Madras and Bombay.
Because of all these defects there was no control of the Parliament over the
Company as what expected. Many of the defects of the Regulating Act were
removed by the Act of 1781.
8
Check your progress
1. Why was Regulating Act passed? What were its provisions?

Examine its merits and demerits.
Or
Critically examine the provisions of Regulating Act.
2. The Regulating Act was a half measure and disastrously vague in
many points. Explain.
3. Write short notes on the following:
a) The Governor General in Council
b) The significance of the Regulating Act.
c) Governor in Council
Let us sum up
Whatever the obscurities of the Regulating Act of 1773 might have been
there is no doubt that it is a landmark in the constitutional development of
India. It was a bold attempt at securing good government for Company’s
territories in India.
Glossary
1. Epoch making - likely to have a significant effect on a particular period
of time
2. Pestilence - infectious epidemic disease
3. Piracies - practice of attacking and robbing ships at sea
4. Criminal Jurisdiction - constitutional law and public law to describe the
power of courts
5. Oligarchy - despotic power exercised by a small and privileged group
1. Refer sections 1.1 to 1.4.

2. Refer sections 1.1 to 1.4.
3. Refer section 1.3.2
4. Refer section 1.4

5. Refer section 1.3.3
9
REF;
Epoch making - https://www.google.com/search?q= Epoch +making
Pestilence - https://www.google.com/search?q=Pestilence
Piracies - https://www.google.com/search?q= Piracies
Oligarchy - https://www.google.com/search?q= Oligarchy
10
Unit 2
THE PITT’S INDIA 1784

STRUCTURE
Overview
Objectives
2.1 Introduction
2.2 Circumstances that led to the Act
2.2.1 The Amending Act of 1781 or the Judicature Act
2.2.2 Dunda’s Bill
2.2.3 Fox’s India Bill
2.2.4 Pitt’s India Act
2.3 Provisions of the Pitt’s India Act
2.3.1 Creation of the Board of Control
2.3.2 Changes in Board of Directors
2.3.3 Changes in Governor General in Council
2.3.4 The Presidencies
2.3.5 Other Provisions
2.4 Criticism of the Act
2.5 Importance of the Act
Let us sum up
Glossary
Overview
This unit deals with the circumstances that led to the passing of
Pitt’s India Act, its provisions, defects and importance.
11
Objectives
After going through this unit you will be able to
 trace out circumstances leading to the Act,
 discern provisions, defects and importance of the Pitt’s India Act.
2.1 Introduction
Working of the Regulating Act exposed the defects. In order to

remove the major defects which remained to be hurdles in the
administration, two acts were passed – The Amending Act of 1781 and
Pitt’s India Act 1784. The Pitt’s India Act is a milestone in the growth of
Indian Constitution. For effective control over the Company’s activities, it
created the Board of Control and required changes in the structure and
power of the Board of Directors and in the administrative set up in India.
2.2 Circumstances that led to the Act
The Regulating Act did not provide adequate solution to set right the
Company’s administration. Governor General could not act of his own as
he had to act according to the majority of his councilors. There was no
cordial relation between Governor General and his councilors. Since most
of the councilors did not cooperate with Governor General the Regulating
Act remained a defective one.
Though letter correspondence in India by Governor General was
submitted to the British Government, there was expert in Indian affairs in the
Parliament to guide the Indian administration.. Wars were declared by the
Governors of the Presidencies without referring Governor General. This
weakened the power of the Governor General.
Though the Act, the Governors of Madras and Bombay were subordinate
to the Governor General of Bengal, yet it failed to define their relationship.
The Act could not check the corruption of the Company servants.
All these weakened the powers of Governor General. The Regulating Act
did not give adequate control to the British Government over the Company’s
affairs in England and India.
12
2.2.1 The Amending Act of 1781 or the Judicature Act
There had been disputes between the Supreme Court and Governor
Gen – in – Council. The Parliament appointed a committee known as
Selective Committee to give its suggestion. Based on its suggestions,
Parliament passed the Act of 1781 (The Amending Act, 1781) or Bengal
Judicature Act. The Act provided power to Governor General – in –
Council, clearly stating that it did not require reference to the Supreme
Court. Governor General in council was not subjected to the Supreme
Court. The merit of this act was that it put an end to occasional disputes
between the Supreme Court and Provincial Courts.
2.2.2 Dundas Bill
In 1783 there was a coalition ministry of Fox and North. Dundas

introduced a Bill. It proposed to give the King power to recall the principal
servants of the Company; to entrust the Governor General with power to
override the Council in important cases and to enhance the control of the
Governor General and Council over other presidencies. It also
recommended to give compensation to the zamindars who had suffered
heavily on account of the quinquennial settlement of Warren Hastings.
Because of the opposition the bill was to be dropped soon after its
introduction.
2.2.3 Fox’s India Bill
His bills contained that the court of Directors and proprietors were to
be replaced by the Board of Commissioners to govern the Company’s
administration. The members of the Board of Commissioners were to be
appointed by the King for a period of 4 years and removable only on an
address from either House of Parliament. On November 18, 1783, when
the Bill was introduced it was met with severe opposition both inside and
outside Parliament. It was criticized on the ground that it not only did
replace the power and right owned by the East India Company’s Directors
and proprietors but also members of the Commissioners were to be
belonged to their party. Though the Bill was passed in the House of
Commons, it was rejected by the House of Lords. George III the King
dismissed the Fox-North coalition government.
13
2.2.4 Pitt’s India Bill
Pitt came to power with majority in the election and formed his
ministry. He introduced his Bill with certain modifications. It became an Act
of Parliament in August 1784. It was known as Pitt’s India Act. He brought
modifications and alterations in the constitution of the Supreme Government
and Presidencies in India.
2.3 Provisions of the Pitt’s India Act
2.3.1 Creation of the Board of Control
The Act provided a Board of Control which consisted of six

members, the Secretary of State, the Chancellor of Exchequer and four
other Privy Councilors. Secretary of State was to be the Chairman of the
Board of control. The members were to be appointed and dismissed by the
King.
All the dispatches from India were to be submitted to the Board of Control
and the Board had the right to modify the instruction sent by the Directors of
India.
A Secret Committee consisting of three Directors was appointed to carry out
the political and military matters in India.
The quorum of the Board was fixed at three.
The Board was authorized and empowered to superintend, direct and
control all acts, operations and concerns relating to civil and military
governments or revenue of the British territorial possession in East India.
The British Parliament was empowered to pay salaries, charges, expenses
of staff of the Board of Control out of revenue of India and it should not
exceed 16000 pounds per annum.
2.3.2 Changes in Board of Directors
The Directors appointed the company servants in India. They had right to
revise and review the acts of Indian administration.
The Court of proprietors was deprived of its right of overriding the decisions
of the Court of Directors.
The Court of directors was bound to give the Board of Control all
information about Indian affairs. If the directors delayed a couple of weeks
14
times the dispatch of business, required by the Board, then the Board was
fully authorized to prepare the dispatch and send it to the Directors who
were required to transmit it as from themselves to any government in India.
2.3.3 Changes in Governor General in Council
The Governor – General- in-Council was given the power of authority to

superintend, control and direct the Presidencies. Thus the control of
Governor General over other Presidencies was strengthened.
The Governor General in Council was reduced from four members to three.
One of these three Councilors was to be the Commander in Chief of the
Presidency concerned.
For the first time, the Company’s territories were called “the territorial
possessions of their kingdom” or “the British possessions in India”
Though the appointments were made by the Directors, the Crown was
empowered to recall or remove the Company’s servants.
2.3.4 The Presidencies
The Government of the Presidencies was to consist of a Governor and a

Council. The councils of the Governors in the Presidencies were also to
consist of three and not four members. One of these three councilors was
to be the Commander-in-Chief of the Presidency concerned.
Both the Governors and the Councilors were to be appointed by the
Directors, but the Governors, as already referred to, could be recalled and
removed by the King.
Bombay and Madras Presidencies were required to send to the government

of Bengal copies of all regulations framed by them.
2.3.5 Other provisions
A Court was constituted for trial for Company servants who were
guilty committing offences in India. It was to have three judges, four peers
and six members of the House of Commons.
15
All the subjects of His Majesty, whether in the service of the Company
or not, were brought under the jurisdiction of the Courts in Great Britain and
India, for any crime committed in the territories of an Indian State.
2.4 Criticism
Merits
It removed the major defects found in the Regulating Act which was its
primary purpose.
Governor General had to depend on the majority of his Councilors for any of
his actions. By reducing one Council member, Governor General could
carry out actions what he desired to do. Thus the deletion of one councilor
made Governor General’s position strong.
The Act of 1784 vested the power of making appointments to the civil and
military offices in India and in the Court of Directors; patronage was denied
to the Board of Control.
The Secret Committee made the court of Directors to obey the orders of the
Board of Control. Sri Ram Sharma says, “The Pitt’s India Act altered the
foundation of the direction of Indian affairs in England. The Court of
Directors lost its political power. The Directors now played second fiddle to
the British Government, who possessed almost unlimited powers issuing
orders which the Directors were bound to obey”.
This Act brought the government of Bombay and Madras under the control
of the Governor General of Bengal and his Council to a greater extent than
before. The Governor General and Council of Bengal were empowered to
superintend control and direct the governments of the other Presidencies.
This gave unity, stability and centralized administration.
Since the Presidencies were brought under the control of Governor
General, a unified administration in India strengthened the Company in
India.
The Board of Control which was created by the Act made the control of the
British Government over the affairs of the Company.
For the first time the Company’s territories were called as the “British
possessions in India”.
A vague supremacy of the Crown over the Company was now replaced by a
definite control through a Board of Commissioners representing the ruling
16
party of England. The final authority of the Company was now vested in the
hands of the President of the Board who was bound to be one of the most
influential members of the British Parliament.
A special tribunal was created in England by the Act to try offences
committed by the English in India.
Demerits
The Court of Proprietors lost their original rights as the responsibility of the
Company’s affairs was transferred to the Board of Control.
The Secret Committee made the court of Directors to obey the orders of the
Board of Control. Sri Ram Sharma says, “The Pitt’s India Act altered the
foundation of the direction of Indian affairs in England. The Court of
Directors lost its political power. The Directors now played second fiddle to
the British Government, who possessed almost unlimited powers issuing
orders which the Directors were bound to obey”.
The Crown though it had no hand in their appointment, exercised great
influence through its power of approval and had the additional right to recall
them.
Under this system, the required answer from the Indian Government got
much delay which affected the Government.
Creation of Board of Control led to dual system in the administration.
There was not clarity about the relations between the Board of Control and
the Court of Directors.
The power of the Directors was reduced and the Directors became
submissive before the President of Board of Control. Dual control made the
administration of the Company cumbersome and dilatory.
The autocracy of the President of Board of Control involved India in many
costly, unfruitful and aggressive wars.
Lord Palmerston pointed out, “The functions of Government and the

responsibility have been divided between the Board of Control, the Court of
Directors and the Governor-General in India, and among these authorities it
is obvious that dispatch and unity of purpose can hardly exist. Before a
dispatch upon the most important matter can go out to India, it has to
oscillate between the Cannorn Row and the India House.”
17
In spite of the draw backs that found in the Pitt’s India Act, it made a
compromise between the Company’s claim of absolute freedom and
pressing public demand for the taking over by the British Cabinet, the entire
direction and control of Company’s affairs. This arrangement satisfied both
the Directors and the public, without violating the sacred Royal Charters.
This Act remained the basis of the Government of India until 1858.
By reducing Councilors from four to three, it strengthened the power of
Governor General. Moreover the Governors could not declare war of their
own, and the Act clearly defined the powers of Governor General and made
the Governors of the Presidencies under his control. All political and
diplomatic power previously exercised by the Court of Directors was
transferred to the Board of Control. The Act also banned receiving bribes
and gifts by the Company servants from the people and Indian princes. It
also provided separate courts to enquire the erring company servants.
Check your progress
1. Bring out the circumstances that led to the passing of Pitt’s India Act and
discuss its main provisions.
2. Give a critical appreciation of the various provisions of the Pitt’s India Act,
1784.
a) Board of Control b) The Judicature Act c) Significance of Pitt’s India

Act.
Let us sum up
The Pitt’s India Act removed some of the defects of the Regulating Act. By
creating the Board of Control it reformed the company’s administration. It
brought centralized administration by strengthening the position of the
Governor General in Council. Thus the act was a measure of great
constitutional significance.
18
Glossary
1. Subordinate - placed in or occupying a lower class, rank, or position
2. Coalition Government - a form of government in which political parties
cooperate to form a government
3. Special Tribunal - a special court or committee that is appointed to
deal with particular problems.
4. Vague Supremacy- ways in which legislatures and courts implement
vague constitutional provisions
1. Refer sections 2.1 to 2.4

3. Refer sections a) 2.3.1 b) 2.2.1 c) 2.4
REF;
Subordinate - https://www.google.com/search?q= Subordinate
Coalition Government –
https://www.google.com/search?q= Coalition Government
Special Tribunal –
https://www.google.com/search?q= Special +Tribunal
Vague Supremacy –
https://www.google.com/search?q= Vague+ Supremacy
19
Unit 3
THE CHARTER ACT OF 1793 AND THE CHARTER ACT OF 1813
STRUCTURE
Overview
Learning Objectives
3.1 Introduction
3.2 Circumstances leading to the Act
3.3 Provisions of Charter Act of 1793
3.5 Criticism
The Charter Act of 1813
3.6 Introduction
3.7 Provisions
3.8 Criticism
Let us sum up
Glossary
Overview
This unit covers with the Charter Act of 1793 and the Charter Act of 1813,
circumstances leading to the passing of the Act, provisions and their
impacts.
Objectives
 describe the circumstances that led to the Act and
20
 discuss the provisions of the Charter Act, 1793 and 1813.
3.1 Introduction
The monopoly of trade had been granted to the East India Company
under the Regulating Act, 1773 for twenty years and it had to be renewed in
1793. Hence the trading right of the Company was renewed for further 20
years in 1793. This was called Charter Act.
3.2 Circumstances leading to the Charter Act
Begin with the Charter Act, 1793 there were three Charter Acts
passed – the charter act of 1813, 1833 and 1853. At the time when the
Charter Act had to be passed, England was at war with France. The advent
of Napoleon in France changed the situation and in France where a
revolution having broken out under Napoleon, it was seeking an imperialist
expansion all over Europe. In this situation, the opponents of the East India
Company, who were willing for the curtailment of its monopoly rights could
not succeed in their effort. The newspaper of the country also did not take
much notice. The Bill passed in the Parliament quietly.
3.3 Provisions of the Charter Act
1. The trading monopoly of the Company was extended for another period
of twenty years and to an extent 3000 tons allowed for private trade.
2. The Act gave the Governor-General full powers over the Civil and Military
governments of the Presidencies of Bombay and Madras. It also
empowered him to superintend, direct and control the Presidency
Governments in all cases relating to war and peace with the Indian States
and the employ forces. During his visit to Bombay or Madras, the Governor
General was empowered to preside over the meeting of the Presidency
Councils
3 The Council of the Governor-General and those of the Governors of the
other presidencies were to consist of three members each. Nobody could
be appointed a Councilor unless he had been a resident of India for at least
twelve years at the time of his appointment.
21
4. The Governor-General had power to appoint a Vice-President of his
Executive Council who could act in place of the Governor-General when the
former was absent from Bengal.
5. No leave of absence out of India was to be given to the Governor-
General, Governors, Commander-in-Chief and a few other high officials
during their tenure of office
6. The expenses and the salaries of the members of the Board of Control
and of their staff were now to be entirely charged on the Indian revenues.
7. Two junior members of the Board of Control need not be Privy
Councilors.
8. Finances of the Company were regulated. A particular amount was
assumed to be the annual surplus of the Company. Out of that annual
surplus, five lakhs of pounds were to go to the liquidation of the debts of the
Company, and a similar amount was to be absorbed in increasing the
dividend from 8 per cent to 10 per cent.
9. The Governor-General-in-Council could appoint justice of peace in any
Presidency.
10. The Commander in Chief ceased to be a member of the Bengal Council
unless so appointed by the Directors.
11. The admiralty jurisdiction of the Calcutta Supreme Court was extended
to the high seas.
12. Power was given to appoint members of the civil service as Justices of
the Peace, to appoint scavengers for the Presidency towns, to levy a
sanitary rate and to forbid the sale of liquor without a license.
13. The Act reduced the strength of the Board of Control from 6 to 5. The
junior members, who were now to be three only, were not required to be
Privy Councilors.
14. It was provided that the payment of the members and the staff of the
Board of Control should be made out of the Indian revenues.
15. The schemes of conquest and extension of territorial holds in India
were once again declared to be repugnant to the Company’s interests.
16. An Annual statement about the affairs of the Company both in India
and England was required to be placed before the Parliament.
22
17. The ranks of the Company’s Civil servants were to be graded on the
basis of seniority and the promotion to a higher post was to be considered
on the basis of the length of service.
3.4 Criticism
Though the Act was lengthy one, no significant changes were made.
It contributed to the growth of the central power India. The Act empowered
the Governor General in Council to frame regulations for provincial Courts
and Councils. This regulation applied to the rights, persons and property of
the Indian subjects. Thus from 1793, the foundation was laid in British
Indian of Government by written laws. It tried to consolidate the existing
laws. Though the Act emphasized that the schemes of conquest and
extension of territorial holds in India were once again declared to be
repugnant to the Company’s interests yet the Company violated the
provision of this Act by waging war against Mysore, 1799. This act threw the
entire burden of the salaries and the expenses of Board of Control and its
subordinate staff on the Indian revenues. However it aimed at reforms in
the field of Constitution. It also confirmed the previous laws already passed.
From 1793, the foundation was laid in British India of government by written
laws and regulations in place of the personal rule of the previous rulers.
The Act of 1793 was a consolidating measure. It repeated the other

previous Acts. It threw the entire burden of the salaries and expenses of
the Board and its subordinate staff on the Indian revenues. This wrong was
amended only in the Act of 1919 after the agitation made by the Indians
against this provision.

3.6 Introduction
The Charter Act of 1813 was more important than that of 1793.
The Charter Act of 1793 had renewed the Charter of the Company
for 20 years. So it was to be renewed in 1813. The Charter Act of 1813
was passed after a great deal of controversy. There were many factors
23
responsible for this. In the beginning of 19th century, the Laissez-faire
theory of Adam Smith was gaining popularity. Many of the English traders
in England wanted to trade with India. There was a great demand for
abolishing the trade monopoly of the Company
Political vacuum in India favoured the Company to fill it up. The
rising power of the Company was an eye-sore for many in England. They
demanded the dissolution of the Company or at least of its monopolies.
The missionaries wanted that the Company should take steps for the
propagation of Christianity.
England was at war with Napoleon and the Continental system had already
affected England’s trade. It was under these circumstances that the Charter
Act of 1813 was passed.
3.7 Provisions
The Act of 1813 renewed the Charter of East India Company for 20 years.
1) The monopoly of the Company to trade with India was abolished. Thereby
all British traders were allowed to trade with India.
2) The company’s monopoly of trade with China was allowed for 20 years.
3) It provided for religious learning and education of the people of India.
British merchants and missionaries could come to India and settle here only
by getting a license from the Court of Directors. If it refused, it could be
issued by the Board of Control. If the holder of license was not proper, the
Governor General could cancel the license.
4) Company was required to spend Rs. One lakh annually out of the revenue
of India on the education of the Indians.
5) Vacancies in the offices of Governors, and Commander in Chief were to be
filled by the Court of Directors with the approval of His Majesty in writing
and counter-signatures of the President of the Board of Control.
6) The Company could make laws, regulations and articles of war for Indian
troops and provide for the holding of Court Martial.
7) The powers of superintendence and direction of the Board of Control were
defined and enlarged.
8) The local Governments of India could impose taxes on people and punish
for its defaulters but subject to the jurisdiction of Supreme Court.
9) The Act made provision for the training of the civil ad military servants of the
Company. The college at Hailebury and military school at Adiscombe were
24
to be maintained and brought under the authority of the Board of Control.
The Colleges at Calcutta and Madras were also to work according to the
regulations of the Board of Control.
10) The Act provided for the administration of justice in cases in which Britishers
and Indians were involved. Special penalties were provided for theft,
forgery and coinage offences.
11) The provided for the appointment of a bishop and three Arch-Deacons for
the religious welfare of the Europeans in India.
3.8 Criticism
The power of the crown and Board of control was strengthened. The
sovereignty of the British Crown on Indian territories was clearly
established. Trade monopoly of the Company with India came to an end.
The English Mission started school and preached Christianity. Provision for
education was worth mentioning. As a result of this act, more Englishmen
came to India and European culture began to flow into India. The Company
was made more subservient to the Crown and Parliament. The value of
trade tremendously increased. Indian industries received a set back. The
Act also created a Supreme Court in Bombay in place of the old Recorder’s
Court. It made provision for spending one lakh of rupees a year on the
education of Indians so as to work for the uplift of Indians by the Company.
Check your progress
1. What were the provisions of the Charter Act of 1793?
2. What were the circumstances that led to the passing of the Charter Act of
1813? What were its main provisions?
Let us sum up
The Charter Act of 1793 was the first Charter Act which renewed the trading
rights of the East India Company for another twenty years and there were
series of Charter Acts passed after the Charter Act of 1793. The next
Charter Act was 1813 which abolished the monopoly of the Company and
trade was open to the British traders. As a result, many English men came
25
to India for trade and settled here. It caused for the spread of European
Culture in India.
Glossary
1. Curtailment - the action or fact of reducing or restricting something.
2. Laissez Faire - policy of minimum governmental interference in the
economic affairs of individuals and society
3. Monopolies - A market structure characterized by a single seller
4. Court Martial - a judicial court for trying members of the armed
services accused of offences against military law.
5. Penalties - a punishment imposed for breaking a law

REF;
Curtailment - https://www.google.com/search?q=Curtailment
Laissez Faire - https://www.google.com/search?q= Laissez+ Faire
Monopolies - https://www.google.com/search?q= Monopolies
Penalties - https://www.google.com/search?q= Penalties
26
Unit 4
THE CHARTER ACT OF 1833 AND THE CHARTER ACT OF 1853
STRUCTURE
Overview
Objectives
4.1 Introduction
4.2 Provisions of the Act 1833
4.3 Criticism
4.4 Introduction
4.5 Provisions of the Act 1853
4.6 Criticism
Let us sum up
Glossary
Overview
These units deal with the Charter Act of 1833 and the Charter Act of 1853
and discuss the importance of the Acts.
Objectives

 discuss the provisions of the Charter Acts of 1833 and 1853 and
 examine the merits and demerits of the Acts.
4.1 Introduction
The Act of 1833 was passed in a good circumstance. The period of

twenty years between 1813 and 1833 was one of phenomenal changes.
Many liberal measures had placed on the English statute book-slave trade
had been abolished in 1811. The Reform Act of 1832 had been passed.
The Industrial Revolution in England had developed new hopes in that
country. Money flowed into the country. The victory of the Whigs in
27
Parliament was meant to be the victory of the liberal principles. Dr. Keith
says: “The Charter Act of 1833, like its predecessor, was the outcome of
much enquiry and consideration. It was produced at a time when Whig and
Liberal Principles were politically, victorious. It was a great landmark in the
constitutional history of India. It brought changes in administration system
of the country. The Charter Act of 1833 was passed on August 28 and came
into force on the 22nd April, 1834.
4.2 Provisions
1. The Company was deprived of its commercial privileges. Its debts were
to be charged on the revenues of India and were to have divided on its
capital at the rate of 101/2 percent for 40 years.
2. The Company’s monopoly of trade with China was abolished.
3. The Act restricted the patronage of the Directors.
4. The Governor-General in Council was given the power of control,
superintend and direct civil and military affairs of the Company.
The Presidencies were subordinated to the Central Government. A fourth
member, the law member was added to the Council of Governor-General.
He had no vote in the Council. The quorum of tree was fixed for legislative
work and two for administrative work. It was the beginning of a Legislative
Council of distinct from the Executive Council. The number of members of
the Council of the Governors of Bombay and Madras was reduced to two.
The British citizens were permitted to purchase land in India.
5. This Act made the Central Government strong. The Act provided for the
codification of law in India. Macaulay, the first law member in the Council of
Governor-General did useful work for the codification of law in India. The
legislation, financial and administration centralization was very important.
6. It introduced an administrative centralization. All the Presidencies of

Bengal, Bombay and Madras were placed under the Governor-General’s
control. He was given the powers to superintend, direct and control all the
civil and military affairs of the country; and could remove any member of the
government of the Presidencies for disobeying him.
7. The British merchants were permitted to purchase land in India.
28
8. The Act introduced financial centralization also. The Presidencies were
deprived of all their powers of taxation and expenditure, except with the
prior sanction of the Centre.
4.3 Criticism
The Act of 1833 was obviously of great importance. The Company was
relieved of its monopoly of tea trade in India and of the general trade with
China which it had retained under the Charter Act of 1813. The President of
the Board of Control now became wholly responsible for Indian affairs.
Europeans came in large numbers and settled in India.
It is significant as it marked the beginning of the Indian legislature. This Act
is also significant as the unification of British possessions in India and the
establishment of a strong Central Government in this country. Abolition of
slave trade was a praiseworthy.
The demerits of the Act were that Presidency Government lost legislative
powers. And the services were thrown open to the Indians but the
qualifications were not within their reach. The vastness of the country with
multifarious population, with different local languages and different
economic structures, was bound to make it utterly difficult for the centre to
understand the details of the provincial administrative problems.

4.4 Introduction
The Charter had to be renewed if the Company’s hold over India was to be
continued. It was the last of the series of Charter Acts. On the basis of
reports submitted by two Committees appointed by Parliament in 1852, the
Charter Act of 1853 was framed and passed. This Act did not fix any
definite period for which the Company was allowed to retain its powers.
According to P.E. Roberts, “The Act was obviously preparing the way for
assumption by the Crown of the Government of India in name as well as in
fact, for it gave no definite renewal of the Charter for a term of years, as
former measures had done, but merely provided that the Indian territories
should remain under the administration of the Company in trust for the
Crown until Parliament should determine otherwise;”
29
4.5 Provisions of the Act:
1.) The Act renewed the powers of the company and allowed it to retain
possession of Indian territories “In trust for Her Majesty her heirs and
successors” not for any specified period as the preceding Charter Acts had
done but only “until Parliament should otherwise provide”
2.) The number of members of the court of Directors was reduced from 24 to
18. Six among them were to be appointed by the British Crown.
3.) The members of the council of the Governor-General and the Government
were to be appointed with the consent of the Crown.
4.) The Council in its legislative capacity was to consist of 12 members. They
were the Governor-General, Commissioner in Chief, 4 members of the
Council, and 6 legislative members. Out of these 6 members 4 were the
representatives from the provinces and the other two were the Chief Justice
and a puisne Judge.
The patronage of the court of Directors was taken away. In future
vacancies were to be filled up by competitive examinations. A Committee
was appointed in 1854 with Lord Macaulay as President for that purpose.
4.6 Criticism
The Act was a significant improvement in the existing constitution.
This act did not mention the definite period that the Company would hold
over India. The Crown could take over the administration at any time. The
Act marked the beginning of a Parliamentary structure of Government for
India. The Legislative Council was clearly distinguished from the Executive
Council. The Act deprived of power of patronage of the Court of Directors.
The great defect of the Act of 1853 was that no Indian element was
associated with the Legislative Council. The separation of executive from
legislative functions was not complete. The competitive examinations were
held in England and age limit was also low. Hence it was difficult to
compete. The introduction of competitive examinations was only a half-
measure. The equality of opportunity was nothing but a hoax.
30
Check your progress
1. What were the circumstances that led to the passing of the Charter Act of
1833? What were its provisions and importance?
2. Discuss the Constitutional changes introduced by the Charter Act of 1853.
3. Write a short note on the Charter Act of 1833
Let us sum up
The Charter Act of 1833 is an important constitutional document ranking

with the Acts of 1773 and 1784. The Act of 1853 marked the beginning of
the Parliamentary system in India. The provisions concerning the
Legislative Council alone were enough to bring this Act to be called one of
the most important constitutional measures of the 19 the century.
Glossary
1. Codification - the action or process of arranging laws or rules
according to a system or plan.
2. Multifarious Population - having great variety
3. Economic structures - a term that describes the changing balance of
output, trade, incomes and employment drawn from different economic
sectors
4. Heirs and Successors - the people who will receive money, property,
or other assets when a person dies, mostly their children

31
REF;
Codification - https://www.google.com/search?q=Codification
Economic structures –
https://www.google.com/search?q= Economic+ structures
Heirs and Successors –
https://www.google.com/search?q= Heirs +and +Successors
32
BLOCK II
Block II consists of unit numbers five, six and seven. The unit number five
deals with the titles of Government of India, 1858 and the proclamation of
Queen. Cautioned by the uprising of 1857, the British administration did not
like to allow the East India Company to continue its political power. The
British Crown took over the right to govern India from the Company. With
the proclamation of Queen a new era in the Indian history began. The
promises made by the Queen to the people of India were significant and
series of reforms adopted and thereby Indians were included in the
legislative council.
The unit number six entitled the Indian Council Act, 1861 enumerates the
circumstances leading to the passing of the Act of 1861, the provisions and
its result. It was important because it restored the power of legislation to the
provinces, which was taken away from them in 1833.
The unit number seven under the title the Indian Council Act of 1892. This
Act was an improvement over the previous Act. It gave Indians a larger
share in the administration and laid the foundation of the representative
government.
33
Unit 5
THE GOVERNMENT OF INDIA ACT, 1858
STRUCTURE
Overview
Learning Objectives
5.1 Introduction
5.3 Main Provisions
5.4 Assessment of the Act
Proclamation of the Queen
5.5 Introduction
5.6 Proclamations
5.7 Criticism
Let us sum up
Glossary
Overview
This unit enumerates the circumstances leading to the Government of India
Act, 1858, the provisions, Queen’s proclamation and impacts.
Learning Objectives

 trace out the circumstances leading to the Act,
 discern the provisions of the Act and
 examine the proclamation of Queen.
34
5.1 Introduction
The year of 1858 earmarks a beginning of a new era in the annals of
Indian History. The great uprising of 1857 cautioned the British
administration that the trading Company should not be allowed to continue
as a political power. Palmerton became the Prime minister who stood for
abolition of the Dual system. Stanley introduced a new Bill and it was
passed as the Act for the Better Government of India” after getting the
Royal assent on 2nd August 1858.

The Board of Control and the Court of Directors remained a Dual control at
home and they led to clashes between them. It was not conducive to
efficiency. Moreover it resulted in unnecessary delay. The Mutiny of 1857
in India cautioned the British Government to take over the administration of
the East India Company by the Crown. It was felt that the merchants were
very particular in profit than taking care of administration. Besides, the
Industrial Revolution and liberalism in England changed the atmosphere not
only in home but also in India. It was realized that the chief functions in the
Government of India were committed to a body, not responsible to
Parliament, not appointed by the Crown but elected by merchants.
The time was ripe for the complete transfer of power from the Company to
the Crown. There was a Dual control at home- the Board of Control and the
Court of Directors. It was not conducive to efficiency.
Palmerston introduced in February 1858 a bill for the better Government of
India. But before the bill became the law, Palmerston was defeated. It was
pointed out that the chief functions in the Government of India were
committed to a body, not responsible to Parliament, not appointed by the
Crown but elected only by merchants.
The aim of British Government was not to condemn the achievements of the
Company but to remove some of the glaring defects in the existing system.
Stanley introduced a New Bill and it was passed as the “Act for the Better
Government of India.”
35
5.3 Main Provisions
The Act laid down that “India shall be governed by and in the name
of the Queen, and all the territorial and other revenues of India shall be
received for and in the name of “Her Majesty”.
The right to govern India was transferred from the hands of the
Company to the British Crown.
It empowered the Crown to appoint Viceroy and Governors in the
Presidencies.
The Board of Control and the Court of Directors were replaced by
the Secretary of State for India.
The Secretary of State for India was to be assisted by a Council of
India. It consisted of 15 members among them 8 were nominated by the
Crown and rest by Directors. It also laid down that more than half of its
member must have served or reside in India for at least 10 years and must
not have left more than 10 years before the appointment. The salary of a
member of the India Council was 1200 pounds a year out of Indian
revenues.
India Council was an advisory body. Secretary of State was to
preside over the meeting of India Council. The Council had to meet at least
once a week. The quorum would be five. The Secretary of State was a
member of the Cabinet.
The Governor General was given the title Viceroy or the
representative of the Crown in India.
All assets and liabilities of the Company in India and all its civil and
defense personnel were transferred to the Crown.
The Crown was to appoint the Governor General and Governors of
the Presidencies.
The Indian Naval and Military control was to be transferred to the
Crown. Every year the Secretary of State was to present to the House of
Commons a report on the moral and material progress of India.
5.4 Assessment of the Act
36
The Crown took over the rule in India from the East India Company.
The territories of India were transferred to the Crown. The take over of the
Company’s territorial possession and administration in India was welcomed
by the people. As a result, new hopes and aspirations developed and the
people of India welcomed it.
The Dual control at Home was removed by abolition of the Board of Control
and the Court of Directors. The hurdle which affected efficient administration
was done away with. Thus the Act ended the dual system of government
established by the Pitt’s India Act in 1784.
The establishment of the Secretary of State for India Council paved a way
for the better administration since the members were men of experience.
The Secretaries of State were generally abler than the President of the
Board of Control. The means of communication had improved and the
instructions were sent quickly from England to India.
The merits of the Act were greater than its demerits.
The defects of the Act were that Indian Government had to bear the
economic burden by paying the salaries to the Councilors and Secretary of
State of India Council.
The Secretary of State Council was a weak one. More and more of the
administration was conducted from London. Since the officials were not
criticized by India Office, the officials became the practical owners of India.
The Council was subservient to the Secretary because he represented the
opinion of the Cabinet. The control of the Secretary of State and his India
Council was frequently bureaucratic in nature. Moreover payment to the
Secretary of State and India Council remained a burden on the Indian
Exchequer.
5.5 Proclamation of the Queen, 1858 - Introduction
The Proclamation of the Queen which declared the assumption of the

Government of India directly by the Crown marks the beginning of a new
era in the history of India. It was a Charter of Rights for the Indians which
declared the principles on which this country was to be governed. On
November 1, 1858, the Queen of Britain, Victoria assured the Indians
concerning affairs of India by her proclamation which was read out
practically in all cities of India. Though the proclamation had no legal basis
37
as it was not sanctioned by the British Parliament, yet it was as good as law
because the British Cabinet had approved it.
5.6 Proclamations
The important proclamations were:
1. The administration of the East India Company’s territories in India would
now be carried on directly by the British Crown.
2. Lord Canning, the Governor General of India, was designated the Viceroy
as well as Crown’s representative in India.
3. It confirmed all the Civil and military officers employed by the East India
Company.
4. All treaties and settlements done by the Company with native rulers of India
were accepted by the Crown.
5. It also assured that it had no desire to extent its present territorial
possessions in India. It would respect the rights and honour of all rulers as it
respects its own rights and honour.
6. Native rulers were permitted to adopt any child as their natural heirs in
absence of a child.
7. it promised non-interference into the religious affairs of the people of India
and it would respect ancient traditions, beliefs and faiths.
8. All Indians, without any discrimination of race, caste and religion, would be
provided equal opportunities to get government jobs according to their
respective education, capability and loyalty.
9. Indian subjects of Her Majesty were declared to be equal to British subjects
in other parts of the Empire.
10. It gave unconditional pardon and amnesty for the offences committed during
the Mutiny,1857 except those who were guilty of murder of any Englishmen
5.7 Criticism
The policy preceding the declaration of Queen was consistently

aggressive, violent and unreasonable. It was the first time that the princes
were assured of perfect territorial integrity. The right of adoption was
38
recognized. Rowlinson says: “”the most fundamental change of attitude
was that which the proclamation foreshadowed in the relationship between
the Government and the Indian princes; the princes, therefore, heard with
utmost relief the announcement that their rights, dignity and honour should
be respected, and that all treaties made with the Company would be
maintained.”
Other significant things in the proclamation were the promises to people, of

non-interference in religious beliefs, of equal opportunity for recruitment into
services, and of equal protection of law. The Proclamation of 1858
remained the basis of British policy in India for more than 60 years.
Check up your progress
1. Enumerate the principal changes introduced by the Government of India Act

of 1858
2. The Proclamation of Queen Victoria, 1858 was a landmark in the
Constitutional History of India
3. Briefly discuss the significance of the Act of 1858.
Let us sum up
The Act of 1858 marked a new era in Indian administration and
constitutional history of India. The Company rule came to an end and the
British Empire began to rule India. Queen’s Proclamation brought the most
fundamental change in the administration of Government in India.
Glossary
1. Abolition - the act of officially ending or stopping something
2. Liberalism - a political and moral philosophy based on liberty
3. Not conducive - being partly responsible for
4. Designated - appoint (someone) to a specified office or post.
5. Foreshadowed - be a warning or indication of
Answers to check your progress:

39
REF;
Abolition - https://www.google.com/search?q= Abolition
Liberalism - https://www.google.com/search?q= Liberalism
Foreshadowed - https://www.google.com/search?q= Foreshadowed
40
Unit 6
THE INDIAN COUNCIL ACT OF 1861
STRUCTURE
Overview
Learning Objectives
6.1 Introduction
6.3 Provisions
6.4 Criticism
Let us sum up
Glossary
Overview
This unit deals with the Indian Council Act of 1861, its provisions and
importance.
Learning Objectives
 describe the circumstances leading to the Act,

 discuss the provisions and
 examine the importance of the Act.
6.1 Introduction
The Act of 1858 did not make any change in the system of government of
India.
41
The Provinces were not satisfied with the legislative powers assigned to
them by the Act of 1853. So there was a need to do some change. The
Chartist movement was influential in England. The natural British instinct
for free and democratic Government had been strengthened by the Chartist
movement. The exchange of views between the Home Government and the
Government of India, the first Indian Council Act was passed in 1861.
6.2 Circumstances leading to the Indian Council Act of 1861.
It was felt that the Indians were not given chance in the administration of
the Government. The Revolt of 1857 was an eye-opener to the British
Government.
The British Government also thought that one of the reasons for the revolt
of 1857 was due to their misrule. Sir Syed Ahmed Khan said: “Had there
been a native of Hindustan in the same Legislative Council, the people
would never have fallen into such errors.” Mr. Montague and Lord
Chelmsford also concluded that terrible events of the Mutiny ‘brought home
to men’s minds the dangers arising from the entire exclusion of Indians from
association with the legislation of their country.’
The Charter Act 1833 provided the centralization of legislative powers.

Though it aimed at the uniformity of law in the whole country, it did not serve
the local condition of the Provinces. Hence it was defective. It was felt that
the Presidencies were to be allowed to frame rule.
There was the delay in the enactment of laws. The Government had to
follow all the formalities of a Parliamentary procedure, whereas it had no
representative of the people on it. The Legislative Council of the Governor
General consisted of only official members who had sympathy with the
people.
Governor General experienced an embarrassing situation when the Council

members asked him certain questions to know all information and
correspondence with the Secretary of State. Sir Charles Wood, the
President of the Board of Control, told the Council to contain its activities.
42
The independent attitude of the Council created difficulties both for the
Governor General and the Board of Control.
To set right the things Lord Canning, the Governor General of India,
forwarded some suggestion to the Secretary of State .The proposals made
by the Government of India in their Despatch of January 1861 were: the
establishment of the Councils of Bengal, North-Western Provinces and the
Punjab; the exclusion of Judges from the Councils; an increase in the
number of non-official Members from three to five in the Presidency
Councils of Bombay and Madras; addition to the Supreme Council of
Members, not exceeding twelve, of whom half were to be non-officials;
Members were to be appointed for a period not longer than two years; the
holding of meetings of the Supreme Councils at places other than Calcutta;
and the legislative business to be transacted as done in a committee or
commission and not done in the form of set parliamentary debates.”
These recommendations of Lord Canning formed the basis of a Bill which
Sir Charles Wood moved in the House of Commons on June 6, 1861. It got
royal assent on August 1, 1861.
6.3 Provisions
Changes were made in the Viceroy’s Executive Council. There were five
members to be in the Council. Of them three members were to be
appointed by the Secretary of State for India. The remaining members,
legal member and finance member were to be appointed by the Crown.
The legal member could be a barrister of England or Ireland or a member of
the Faculty of Advocates in Scotland of at least 5 years’ standing.
The Act empowered the Governor General to delegate special business to
individual members of the Executive Council and henceforward the various
members of the Council had their own portfolios and dealt on their own
initiative with all but the most important matters.
The Governor General was empowered to appoint a President who would

preside over the meetings of the Council in his absence. Lord Canning
introduced the portfolio system.
43
The Act empowered the Council to legislate on all subjects concerning all
persons and courts in British India. Every Bill passed by it required the
assent of the Viceroy to become an Act.
For the purpose of legislation, the Viceroy’s Executive Council was

expanded by the addition of not less than six and not more than twelve
members who would be nominated by the Governor General and would
hold office for two years.
At least half of the additional members were to be non-officials.
The Governor General was empowered to frame Ordinances in cases of

emergency which were to remain valid as law for six months unless
cancelled by the Secretary of State in Council or by the Legislative Council
at the Centre.
The Governor General was empowered to create legislative councils in the

provinces of North-West and Punjab.
The Act provided for the enlargement of the Executive Councils of Madras
and Bombay by the addition of one Advocate general and 4 to 8 members
for legislative purposes. These additional members were to hold office for
two years.
The Provincial Legislative Council could make laws for the good
government of the province. The Governor was to be the sanctioning
authority of all Bills passed by it. However, the assent of Governor General
was also necessary. The Secretary of State in Council could disallow it with
the approval of the Crown.
There was no distinction between the Central and Provincial subjects. But
measures concerning public debt, finances, currency, post office, telegraph,
religion, patents and copyrights were to be ordinarily considered by the
Central Government.
44
6.4 Criticism
There were considerable changes made in this Act. The merits and
demerits of the Act are as follows:
It laid foundation for good administration. The Act restored legislative

powers to Madras and Bombay. In fact this was the beginning of legislative
development which ultimately resulted in the complete provincial autonomy.
The Governor General’s power to issue ordinance made him more powerful.
Another important thing was the portfolio system. The inclusion of non-
official helped the Government to understand the Indian problems.
There is no doubt that there were certain shortcomings in the Act. The ex-
officio and the official members being too powerful and in majority, the part
of the non-officials could only be insignificant. Nor did the non-officials
represent people or understood their problems; they being either princes or
zamindars.
K.V. Punniah observes: ‘offers of seats in the Councils, were often declined
and the members who were nominated showed the utmost reluctance to
come and utmost hurry to depart.” Therefore the Legislative Councils had
no power either concerning legislation or controlling the Executives.
Sir Charles Wood clearly declared in British Parliament hat he had no

intention to make the Council a debating society. The establishment of
Parliamentary institutions in India even in their most rudimentary form was
not liked by British politicians.
G.N.Singh has remarked, “The Indian Councils Act, 1861, is important in the
constitutional history of India for two reasons. Firstly, it enabled the
Governor General to associate the people of land with the work of
legislation, and secondly be vesting legislative powers in the Governments
of Bombay and Madras and by making provision for the institution of similar
legislative councils in other provinces, it laid the foundations of the policy of
legislative devolution which resulted in the grant of almost complete internal
autonomy to the provinces in 1937.”
45
Check your progress
1. Examine the main provisions of the Indian Council Act of 1861.
Let us sum up
The Indian Council Act of 1861 brought many changes over the previous
Act, The position and power of Governor General in Council was increased
and the administration was centralized. This act also helped for the
development of legislative development
Glossary
1. Chartist Movement - a working class movement
2. Home Government - a building or organisation containing the principal
government offices
3. Non – Official Members – Additional members
4. Barrister - a type of lawyer in common law jurisdictions.
5. Portfolios - a range of investments or position held by a person or
organization.
6. Ordinances - an authoritative order.
7. Patents - a government authority or licence conferring a right or title for
a set period
Answers to check your progress:

REF;
Barrister - https://www.google.com/search?q= Barrister
Portfolios - https://www.google.com/search?q= Portfolios
Ordinances - https://www.google.com/search?q= Ordinances
Patents - https://www.google.com/search?q= Patents
46
Unit 7
THE INDIAN COUNCIL ACT OF 1892

STRUCTURE
Overview
Learning Objectives
7.1 Introduction
7.2 Provision of the Act
7.3 Defects of the Act
Let us sum up
Glossary
Answer to check your progress
Overview
This unit covers the circumstances that led to the passing the Indian Council
Act of 1892, the provisions and the impacts.
Objectives

 describe the events leading to the Act and
 examine and assess the provisions of the Act.
7.1 Introduction
The Council Act of 1861 did not satisfy the Indians. It was felt that nothing
substantial had been given it. After the Act of 1861, nearly 31 years there
was no reform introduced. The situation of India got drastic changes due to
various movements, social, cultural and religious. The political awakening
was also natural. The British Parliament passed the Act of 1892 to please
the Indians.
47
7.2 Circumstances leading to the passing of the Indian Council Act,
1892
The Act of 1861 did not please Indians because that the Indians belief that
they could achieve reforms through legislature was not practically possible.
Towards the last decade of twentieth century India underwent to drastic
changes due to varied factors. Brahma Samaj, Arya Smaj were responsible
for cultural renaissance and nationalism in India.
The national awakening of the 19th century had given fillip to the demand of
representative institutions. Madras Mahajana Sabha demanded
representative institutions in December 1985.
Economically, the native industries got very much affected because of free
trade. The cottage industries were ruined. Indians were exploited by the
English government. During the regime of Lord Lytton several Acts were
passed – The Vernacular Press Act, Indian Arms Act and Ilbert Bill, which
resented the people played a significant role in the rise of national spirit.
The press also exposed the grievances of Indians.
Lord Ripon wrote to the Secretary of State for India, that, “the Council as
constituted under the Act of 1861 lacked the representative character and it
had served no useful purpose to the Governor-General for ascertaining
public opinion. The nominated members did not take an active interest in
the business of the Council and that was very much in reality a sham”.
Dadabhai Naoraoji in his presidential address to the second session of the
Congress said, “the need of introducing elective element in the Councils. If
this representation is introduced, the greatest benefit will be conferred upon
the Government itself, because at present whatever Acts they pass do not
quite please us.” He held the view that the existing constitution of the
Council as most unsatisfactory.
Lord Dufferin set up a Committee in 1888 to suggest the reforms in the

composition of the Councils. The Committee’s proposals were sent to the
Home Government and made effective for introducing the element of
election. The British Government even after receiving Viceroy’s proposals
moved slowly and passed an Act in 1802. It became an Act of Parliament
on June 20, 1892.
48
7.2 Provision of the Indian Council Act, 1892
Enlargement of Central Council
The Act provided the council additional members for legislative
functions – in the central Council it increased the members from eight to ten
and the maximum limit from twelve to sixteen. Of the sixteen, ten were to
be non-officials, of whom four were to be nominated on the
recommendation of the non-official members of the Provincial Legislature.
Enlargement of Council in the Provinces
In Madras and Bombay Presidencies the increase of members in the

Council was to be not less than eight and not more than twenty and in
Bengal twenty members and in U.P fifteen.
The number of additional members in provincial legislatures was also
increased. The minimum number was eight and maximum was twenty.
The non-official members were also increased but it varied from province to
province.
Rules
The Act empowered the Governor-General-in-Council to make rules
regarding the nomination of members. But the Governor-General was
required to seek the approval of the Secretary of State-in-Council in
exercising his right.
Rights given to the members of the Council
Governor General and Governors nominated the members of Legislative

Councils. But it was made on the basis of recommendations by certain
associations like Calcutta Chamber of Commerce, Zamindar’s Association,
University Senates, and District Board etc.
The members could ask question questions on domestic matters.
For asking such question in the case of the Centre a previous notice of six
days was required. Their questions could be disallowed without assigning
any reason. The members were allowed to discuss on the budget, but they
had no voting right on it.
As the rules did not specify the subjects to which the question were limited,
the President of the Council could disallow any question without assigning
any reason, or an answer to a question could be refused on the ground of
its inconsistency with public interest.
49
Governor-General, Governors and Lieutenant Governors Empowered
to fill vacancies
All the members were to be nominated by the Governor General or the
Lieutenant Governor. If a member failed to attend the sitting of the
Legislature for two months, or resigned his membership or died, his seat
was declared vacant. Such vacancies were to be filled by the Governor
General in the case of Central legislature and by the governor in the case of
a Provincial legislature.
Provincial Legislatures empowered to repeal or amend laws

The functions of the Provincial Legislative Councils were further enlarged.
They were empowered to make new laws or repeal the old ones with the
prior permission of the Governor General. This power, however, did not
affect the powers of the Governor General in Council at meetings for the
purpose of making laws and regulations.
7.3 Defects of the Act
The Councils were not sufficiently representative of the people. The

powers that were given to them were hedged in by many restrictions. The
members could not ask supplementary questions. Moreover, any question
could be disallowed. The rules of election were unsatisfactory.
Gokhale said: “The actual working of the Act manifested its
hollowness.” The Provincial Council was too small in size to represent the
people of the province.
The non-official members could not amend the bills introduced by
the Government. Hence the debates in the Councils were useless.
In spite of defects and shortcomings, the Act is considered to be an
important milestone on the road that led to the establishment of the
Parliamentary Government at a later stage.
The Act gave opportunities to distinguished Indians like
Gopalakrishna Gokhale and Pherozeshah Mehta to do splendid work in the
Supreme Legislative Council.
The Act failed to satisfy the Indian public opinion. The provision of
indirect election served no purpose.
50
By conceding the principle of elections and giving the Legislative
Councils some control over the Executive, it paved the way for future
progress on those lines which were destined to place in the hands of the
Indians a large measure of control over the administration of the country.
The Act was an advance on the Act of 1861. It widened the function
of the legislatures. It laid down the foundation of the representative
government. Moreover the Government gave effect to the official policy
stated in the Act of 1861 by giving Indian a larger share in the
administration. The Indian Councils Bill of 1892 was an amending measure
and consequently it was expected, as Gladstone said, to produce “large and
imposing results”. Enlargement of the functions of the Legislative Councils
in the financial matters was another commendable provision of the Act. The
Act did not mark the beginning of Parliamentary Government in India yet it
was decidedly an important milestone on the road that led to the
establishment of the parliamentary Government at a later stage.
Check your progress
1. In what respect was the Indian Councils Act of 1892, an improvement upon
the Indian Councils’ Act, 1861?
Or
2. What were the circumstances leading to the passing of the Indian Councils
Act of 1892? Critically discuss its provisions.
Let us sum up
The Act was an improvement over the Indian Council Act of 1861. It
enlarged legislative council and also laid a foundation of the representative
government.
51
Glossary
1. Drastic changes - a very great change.
2. Cultural Renaissance – Cultural revival, or revolution
3. Sham - bogus; false.
4. Annul - revoke or annul
5. Imposing results - having an appearance that looks important
REF;
Drastic changes - https://www.google.com/search?q= Drastic+ changes
Sham - https://www.google.com/search?q=Sham
Annul - https://www.google.com/search?q= Annul
Imposing results - https://www.google.com/search?q= Imposing +results
52
BLOCK III
Block III consists of three units, from eight to ten. The unit number eight
covers the topic the Indian’s Council Act of 1909, popularly known as Minto-
Morley Reforms was significant one as it introduced the structure of the
Parliamentary form of Government. It included Indians in the Viceroy’s
Executive Council.
The unit number nine deals with the topic “Lucknow Pact” and “Montague’s
Declaration. The attitude of Muslim League towards the British Government
got changed because of the international events. The Indian Muslims felt
that they got offended because of the policy of the Britain towards Turkey.
The Sultan of Turkey was respected by Indian Muslims. This turned the
Muslim League to come closer to the Congress. The result was that the
Congress and the Muslim League conducted their conferences in the same
city in the same time and prepared a report on the Constitutional reforms
and ratified it by the leaders of the both parties in Lucknow in 1916. This
was known as Lucknow Pact. Montague’s Declaration was an important
one as it became the basis of the future policy of the British rule in India.
The unit number ten entitled “The Government of India Act, 1919 “was
based on Montague’s Declaration. This Act was important in the sense that
it introduced dyarchy at the Provinces. It also introduced the bicameral
legislature at the Centre.
53
Unit 8
MINTO – MORLEY REFORMS 1909
STRUCTURE
Overview
Learning Objectives
8.1 Introduction
8.3 The Main Provisions of the Act
8.4 Criticism
8.5 Merits
8.6 Defects
8.7 Significance
Let us sum up
Glossary
Overview
Describing the events that led to the passing of the Minto-Morley Reforms,
this unit discusses the provisions and significance of the Act.
Learning Objectives
 trace out the circumstances leading to the Act and

 enumerate the provisions and importance of the Act.
54
8.1 Introduction
On the occasion of the 50th anniversary of Queen Victoria’s proclamation
of 1858, King Edward sent to the Princess and people of India a Royal
message indicating the political reforms. In December 1908 Lord Morley
announced in the British Parliament in details of the reforms. His
announcement was greeted with approval by the moderates. The Madras
Congress Convention adopted a resolution commending the reforms. The
Congress conveyed to Lord Morley and Lord Minto its most sincere thanks
for their reform proposals. These reform proposals were embodied in the
Indian Council’s Act of 1909, better known as the Minto-Morley Reforms.
The Indians were not satisfied with the reforms introduced by the Act of
1892. The Act had failed to satisfy even the Moderates among the All-India
Congress. The rise of Extremism within the Congress led to further
dissatisfaction with the reforms.Educated Indians were dissatisfied as they
were not given adequate share in the administration and Government
service. Lord Curzon the Governor General was a bureaucratic and his
policies and attitude caused great discontent because he favoured to
Englishmen all good jobs ignoring Indians.
The defeat of Russia by Japan in 1904 raised the morale of the Asians
including the Indians. The racial arrogance of the British and the humiliation
of the Indians in India and outside it, particularly in South Africa, also
provided provocation to the Indian Nationalism. It resulted in the split of the
All-India Congress in 1907. The Moderates won the day but failed to check
the growing influence of the Extremists within itself and outside. Therefore,
the British Government felt the necessity of satisfying the Indian public
opinion before it could be swayed in favour of the Extremists.
The establishment of the Muslim League in 1906 also gave the
government a chance to support Muslim Communalism against Indian
Nationalism. A new scheme of reforms could certainly be utilized to ensure
Muslim Communalism. Thus, the necessity of further reforms arose to
check the rise of extremism in Indian politics, win over the Moderates in the
Congress to the side of the Government and buttress Muslim
Communalism. Therefore, a committee was appointed by the Government
of India to propose a scheme of reforms. Lord Minto, the Governor-General
55
was convinced of the necessity of the reforms, Lord Morley, the Secretary of
State also agreed. Hence, the Act of 1909 popularly known as The Minto-
Morley Reforms was passed by the British Parliament on 25 May, 1909.
8.3 The Main Provisions of the Act

Expansion of the Imperial Legislative Council
The Act enlarged the size of the Imperial Legislative Council. It

enlarged the membership to 69. Out of this, 37 were to be officials and the
remaining 32 were to be non-officials. Of the officials, 9 were to be ex-
officio members consisting of the Governor-General, Commander- in –
Chief, and head of the Provincial Government where the meeting took
place(extra-ordinary members), and 6 members of the Executive Council of
the Governor-General. The remaining 28 were to be nominated by the
Governor-General. Of the 32 non-officials, 5 were to be nominated by the
Governor-General while the remaining 27 were to be elected.
Expansion of Provincial Legislative Councils
The Act enlarged the size of the Provincial Legislatures. It was at
fifty in the Provinces of Bengal, Madras and Bombay and for the rest of the
provinces it was thirty.
Increase in the number of the members of Provincial Executive
Council
The Act raised the number of members of the Executive Council

from two to four in Bombay, Bengal and Madras.
Discriminatory franchise
It is highly discriminative and restricted as the property qualification

was high and it differs from place to place also. The voting qualifications
were high in the case of non-Muslims. For example, while a Muslim
graduate of 5 years standing could vote the non-Muslim graduates should
have longer period.
Functions
The Act provided the members to raise questions relating to budget,

amendments and supplementary questions. Matters of public interest could
be discussed. The Council could not discuss interest on debt, ecclesiastical
expenditure or expenditure on State railway.
56
Introduction of the system of Communal and Class electorate
It introduced the system of Communal and Class representation. It
has been described as the separate or communal electorate system in
India. The composition of the 27 elected seats in the Imperial Legislative
Council was as follows:
6 allotted to landlords, 6 allotted to the Muslims (of them one to be Muslim
landlord), 1 allotted to Bombay Chamber of Commerce, 1 allotted to Bengal
Chamber of Commerce, and 13 were to be filled by non-official members, in
which 9 were members of Provincial Councils
Indian representation in the Executive Council
The Act provided to include Indians in the Executive Council.
Mr,S.P.Sinha was appointed a member of Governor-General’s Executive
Councils.
8.4 Criticism
The Act had some defects. The Congress realized very soon its
defects and started criticizing. The chief defect of the Act was the
introduction of communal electorates for the Muslims. As a result the
national unity received a heavy blow. Mahatma Gandhi said: “The Minto-
Morley reforms have been our undoing”.
Separate constituencies were created to widen the ditch between
the Muslims and Hindus. This system began an era of gross communalism
in Indian polity. It gave an indication to other minor communities like
Harijans, Sikhs, Christians, Anglo-Indians and Europeans to claim the same
privilege. The Act struck the first nail in the coffin of Indian nationalism.
A large number of the additional members for legislative purpose
were to be returned on the basis of indirect elections which failed to
encourage any sense of responsibility.
8.5 Merits
The Act was a great advance on the Indian Councils Act of 1892.
Gopala Krishna Gokhale regarded it as ‘an exceedingly important step’ and
thought that its provisions would ‘very largely modify the bureaucratic
character of the existing administration. The Act introduced the structure of
the Parliamentary form of Government. In the provinces non-officials
majority was asserted. Two Indians K.G.Gupta, a Hindu Civilian and Syed
Hussain Bilgrami , Chief adviser to the Nizam of Hyderabad were appointed
57
by the Secretary of State for India to his Council. S.P.Sinha, the Advocate
General of Bengal had been appointed to the Viceroy’s Executive Council.
The right to ask supplementary questions was also a very significant
achievement.
8.6 Defects
1.) The Act of 1909 was a subtle attempt to create a constitutional
autocracy.
2.) The Act recognized the communal basis of representation.
Separate constituencies were created to widen the ditch between the
Muslims and Hindus. This system began an era of gross communalism in
Indian polity. It gave an indication to other minor communities like Harijans,
Sikhs, Christians, Anglo-Indians and Europeans to claim the same privilege.
The Act struck the first nail in the coffin of Indian nationalism.
3.) The predominance of official majority in the central legislative and
the power bloc of official and nominated non-officials in the provincial
legislature. The nominated non-officials always voted in favour of official
moves whereas the elected members could not unite as one because of
their different classes, communities and interests.
4.) A large number of the additional members for legislative purpose
were to be returned on the basis of indirect elections which failed to
encourage any sense of responsibility for two main reasons:
5.) The size of the councils was increased but their functions and
powers were not enlarged. While the members were allowed discuss on the
budget they could not change anything on it. The questions that were
asked might not be answered. The legislature had no direct control over any
head of revenue of expenditure.
6.) Indians were not given real powers.
8.7 Significance
The Indian Councils Act of 1909 was indeed a definite improvement

on the Councils Act of 1892. The elected members secured opportunities to
place the public opinion before the Government, while the latter could
convince the members with greater assurance. The right to discuss, the
right to ask supplementary questions and the right to move resolutions were
no mean achievements. K.G. Gupta, a Hindu civilian and Syed Hussain
Bilgrami, Chief Advisor to the Nozam of Hyderabad, had been appointed by
58
Morely to his Council. Similarly, S.P. Sinha, the Advocate General of
Bengal, had been appointed to the Viceroy’s Executive Council. And yet
the Government remained autocratic though it was “bound to find its
autocratic side challenged by its constitutionalism, and an answer had to be
found for that challenge. Autocracy was likely to go overboard”. “The
atmosphere may not have been wholly Parliamentary but the change, as
compared with the pre- 1909 period, was marked enough”. In effect, the
Morley-Minto Reforms were a commendable compromise between
bureaucracy and democracy.
Check your progress
1. Briefly discuss the circumstances leading to the passing of India’s Councils

Act of 1909 and its main provisions.
Or
What were the main provisions of the Minto-Morley Reforms? Critically
examine their merits and demerits.
2. Critically examine the causes of the failure of Morley Minto Reforms
3. Write a short note on the significance of the Minto-Morley reforms.
Let us sum up
The Minto-Morley Reforms of 1909 adopted principle of democracy. A

selected Indians were included in the Council of India and the Viceroy’s
Executive Council. However the communal representation in this Act was
anti-democratic and the reforms failed to satisfy the political hunger of India.
Glossary
1. Convention - a way in which something is usually done.
2. Adopted - legally take it up as one's own
3. Embodied - to give a body to a spirit
4. Ecclesiastical Expenditure – Religious or Spiritual Expennditure
5. Bureaucracy - a system of government in which most of the important
decisions are taken by state officials
6. Autocracy - a system of government in which supreme power over a
state is concentrated in the hands of one person
59
7. Constitutionalism - doctrine that a government's authority is
determined by a body of laws or constitution
Answers to Check your Progress:

REF;
Convention - https://www.google.com/search?q= Convention
Adopted - https://www.google.com/search?q= Adopted
Embodied - https://www.google.com/search?q= Embodied
Autocracy - https://www.google.com/search?q=Autocracy
60
Unit 9
LUCKNOW PACT AND THE CONGRESS-MUSLIM LEAGUE SHCEME,

1916
STRUCTURE
Overview
Learning Objectives
9.1 Introduction
9.2 Circumstances leading to Lucknow Pact, 1916
9.3 The Report of the Committee
9.4 Consequences
9.5 Montague’s Declaration
9.6 Conclusion
Let us sum up
Glossary
Overview
This unit deals with the circumstances that led to the Congress-Muslim
League (Lucknow Pact) the committee’s report and Montague’s Declaration.
Learning Objectives
 describe the event leading to the Lucknow Pact,
 enumerate the report of the committee and

 assess the reports.
9.1 Introduction
61
The international event had considerable impact on the Muslim
league that its attitude towards the Congress and the British Government
had changed. The Muslim League came closer to the Congress and jointly
organized a committee and prepared a report and that was what called the
Lucknow Pact – 1916.
9.2 Circumstances leading to Lucknow Pact
Indian Muslims had a regard in Sultan of Turkey and owed their allegiance
to the Turkish Khalifa. Turkey was considered to be the only living temporal
power of Islam. In the Wars Turko-Italian war, 1911 and in the Balkan
wars,1912, England did not help Turkey.
Therefore the Indian Muslims began to nurse a grudge against the British
Government. When Turkey joined in the side of Germany in the war the
Muslim League came closer to the Congress and changed its course,
opposing the British. Now Lord Hadinge began to support the Congress.
The Muslim League felt itself cornered. In December 1915 The League and
the Congress held their conferences in Bombay. Many leaders of the
Congress attended the League conference and spoke on the dias. They
decided to prepare constitutional reforms jointly to insist the British
Government. The constitutional reforms prepared by the Congress and the
League were accepted by the Congress in the Conference held at Lucknow
in 29, December 1916 and the Muslim League agreed the same in its
Conference held at Lucknow in 31, December 1916. Thus the report of the
committee was the basis of the Lucknow Pact, ratified both the party in
1916 at Lucknow. The following were the features of the features of the
report of the Committee.
9.3 The Report of the Committee
1. The India Council of the Secretary of State should be abolished and he be

assisted by two permanent Under-Secretaries out of which one should be
an Indian. His status should be the same as that of Secretary of State for
Colonies.
62
2. At least half of the members of Executive Council of the Governor-General
were to be Indians returned by the elected members of the Central
Legislature. The same procedure was to be adopted in Provincial Executive
Councils.
3. The members of the Central Legislature should be raised to 150, one third
of whose elected element was to be from Muslim community elected only by
Muslim electorate.
4. The number of elected members of Provincial Legislature should be raised
to four-fifths of the total strength. The membership of the Legislature in big
Provinces should be raised to 125 and in the smaller ones between 50 and
75.
5. Except foreign relations, the Central Legislature should have full control
over the Indian Government.
6. The minorities should be given adequate separate representation in the
elected bodies. The Muslims may be entitled to a share in the elective
seats to the extent of 50 percent in the Punjab, 30 per cent in U.P.,40
percent in Bengal, 25 percent in Bihar, 15 percent in C.P., 15 percent in
Madras and one-third in Bombay.
7. Extensive powers of control over the money matter should be given to the
Legislature. The members would be empowered to move any non-money
Bill without seeking the permission of the Governor.
8. In case an Imperial Federation was established, India was to be placed on a
footing of equality with other self-governing dominions.
9. The Provinces should be given a large measure of autonomy in their
sphere.
10. Judicial powers should be taken away from the Executive officers. Lower
courts in every Province should be made subordinate to the High Court.
11. Indians should be declared eligible for all the military and naval services.
Adequate provision be made for their selection and training in India.
12. Indian should be placed on a footing of equality in respect of status and
right of citizenship with other subjects of His Majesty the King throughout
the Empire.
63
9.4 Consequences
The Congress party was highly condemned for accepting the Pact
which was based on communal electorate. The Congress failed to
comprehend that it would be a headache in future. The Muslims were to
have separate representation even in those provinces where they were in a
majority and at the same time they were given weightage over and above
their numerical strength in those provinces where they were in a minority
were defects.
The Extremists continued their activities through organizations both

in India and abroad. The British Government resorted to repress and
suppress the rising tide of discontent. India was involved into the First
World War by the Britain.
Dr. Lal Bahadur said, “A diplomatic blunder of high magnitude was
committed in conceding the right of separate Muslim representation through
members of the community themselves. They ought to have understood
that this concession to the Mussalmans would tear the nation for ever into
two sharply divided communities and the breach shall be widened by the
foreign ruling power”.
According to Kunte and Saletore, “The Congress brought about the
communal unity at the sacrifice of an essential principle of national and
democratic life.”
9.5 Montague’s Declaration, August 20, 1917
The World War broke out in Europe in August 1914. India took part
in it giving men and munitions and took up responsibility for 100 million
pounds of the war debt.
After the war, Indian leaders demanded various reforms. 19

members of the Central legislature submitted a memorandum in 1916 to the
Government and pleaded for the grant of responsible Government.
Meanwhile the British worried over the failure of India Government against
Turkey in Mesopotamia in 1917.
A Parliament Commission was appointed to go into the causes of its failure.
64
Montague, the Secretary of State had sympathetic attitude towards
Indian aspirations. He had declared in the Parliament, “The Government of
India is too wooden, too iron, too inelastic, and too antediluvian to be of any
use for the modern purposes we have in view… Unless you are prepared to
remodel, in the light of modern experience, this century-old and cumbrous
machine, then I verily believe that you will lose your right to control the
destinies of the Indian Empire”.
After assuming the office of Sect of State in July 1917, he made a
statement: “The policy of His Majesty’s Government, with which the
Government of India are in complete accord, is that of the increasing
association of Indians in every branch of the administration and gradual
development of self-governing institutions with a view to the progressive
realization of responsible Government in India as an integral part of the
British Empire. They have decided that substantial steps in this direction
should be taken as soon as possible… I would add that progress in this
policy can only be achieved by successive stages. The British Government
and Government of India on whom the responsibility lies for the welfare and
advancement of Indian people, must be judges of the time and measure of
each advance, and they must be guided by the co-operation received from
those upon whom new opportunities of service will be conferred and by the
extent to which it is found that confidence can be reposed in their sense of
responsibility.”
9.6 Conclusion
From 1911 to 1917 there were significant events which had their
consequences on Indian politics. India was involved into the First World
War and in return Indian people wanted reforms and responsible
Government. The Congress and the Muslim League prepared a report and
submitted to the Government insisting reforms. August offer was welcomed
by the Moderates other was welcomed by the moderate and called it as the
‘Magna Carta‘ of India.
Mr, Montague came to India and prepared a report which was agreed by the
Viceroy of India and it was published in 1918. It became the basis of the
Government of India Act, 1919.
65
Check your progress
1. What were the circumstances leading to the Lucknow Pact, 1916?

Discuss the report of the Committee.
2. Write a short note on the Montague’s Declaration
Let us sum up
It marked the end of an epoch and the beginning of a new epoch. It
was the first statement that was openly declared by the British Government
that this being its policy on India.
Glossary
1. Philosophy - a term of art in medieval and early modern political
philosophy to refer to worldly power
2. Diplomatic blunder - applies especially to trivial but embarrassing
mistakes
3. Sympathetic Attitude - characterized by, feeling, or showing sympathy
4. Magna carta - a document guaranteeing English political liberties
Answers for Check your Progress

REF;
Diplomatic blunder –
https://www.google.com/search?q=Diplomatic+blunder
Sympathetic Attitude –
https://www.google.com/search?q= Sympathetic+Attitude
Magna carta - https://www.google.com/search?q= Magna +carta
66
Unit 10
THE GOVERNMENT OF INDIA ACT OF 1919
STRUCTURE
Overview
Learning Objectives
10.1 Introduction
10.2 Circumstances leading to the Act of 1919
10.3 Main Provisions of the Act
10.3.1 Preamble
10.3.2 Changes in the Home Government
10.3.3 Bicameral Legislature at the Centre
10.3.4 Powers of the Central Legislature
10.3.5 Provincial Government
10.3.6 Criticism on the Act of 1919
10.3.8 Provincial Legislature
10.3.9 The Governor
10.4 Criticism of the Act of 1919
Let us sum up
Glossary
Overview
This unit covers circumstances leading to the passing of the Act of

1919, the provisions and its merits and demerits.
67
Learning Objectives
 discuss the political events leading to the Act.
 discern the provisions of the Act and

 assess the merits and demerits of the Act.
10.1 Introduction
The Government of India Act, 1919 was an important development in the

Constitutional history of India. It was based on the Montague-Chelmsford
Report. It was also known as Montague-Chelmsford Reforms. Aimed at
giving self-government, the Act introduced dyarchy in the eight Provinces –
Bengal, Bihar, Assam, Madras, Bombay,Punjab, U.P., and C.P., in 1921.
This remained in operation till 1937.
Indians were dissatisfied over the Minto-Morley Reforms. They felt that
they were not given enough powers. The Muslims were friendly to the
British Government in the beginning, but the international events changed
the attitude of the Indian Muslims. Partition of Bengal and the indifference
shown to Turkish Sultan resented the Indian Muslims. Moreover, the British
started showing support to the Congress withdrawing the support to the
Muslims. This created a new change in the attitude of the Indian Muslims.
After the First World War, the political development in India made
awareness among the Indians and now they demanded self-government
and democratic set up. It was expected by the Indians that the British
Government would introduce reforms in return for Indian sacrifice in the
First World War. All these made the British Government to grant self-
government and it stated that the goal of the British Government was to
grant Self-Government to India.
10.3 The Act of 1919: The Provisions

10.3.1 Preamble
The Preamble of the Government of India Act of 1919 runs as follows:
68
“Whereas, it is the declared policy of the Parliament to provide for the
increasing association of Indians in every branch of Indian administration,
and for gradual development of self-governing institutions with a view to the
progressive realization of responsible government in British India as an
integral part of the Empire. There were several points in the Preamble.
India was to remain an integral part of the British Empire. It suggested
decentralization of authority. The gradual advance towards the distant goal
of responsible government was to be decided by the British Parliament not
by the Indians. Thus Preamble made no change in the character of the
Central Government or the Home Administration of Indian affairs.
10.3.2 Main Provisions of the Act

Changes in the Home Government
The Act brought about changes in the Home Government. The secretary
of state for India used to be paid out of the Indian revenues. This Act
provided change that he was to be paid out of British revenue. His council
was fixed to be minimum at eight and maximum at twelve. Three among
them were to be necessarily Indians and half of its total members were
chosen from among those who must have put in at least ten years’ service
in India.
A new office, the office of the high Commissioner for India was created for
the first time. A High Commissioner for India was appointed by the
Government of India and he was paid in Indian revenues. He acted as an
agent of the Governor-General-in-Council. He was to be in London. He
was to be in charge of the Stores Department to purchase articles in foreign
countries and look after the Indian students studying abroad. His term of
office was to be six years.
Certain important changes were introduced in the composition and functions

of the Central Executive and the Legislative Council. He was to nominate
the members of Executive Council. The councilors were to have served in
India for at least ten years. The Governor-General was given the power to
summon, prorogue and dissolve the chambers. He was also a
representative of the King of England and was constantly in
69
correspondence with the Secretary of State for India. Although the
executive authority of the Government of India was vested in the Governor
General in Council, and not in the Governor General alone, and the
Governor General was required by law to carry out his functions with the
advice and concurrence of his Executive Council, he had become the most
important and powerful member of the executive. Several caused
contributed to the dominating position of the Governor General. Among
them and the more important were his exalted position as the representative
of the King, his high social status, almost continuous and direct contact with
the Secretary of State for India, the rules of procedure which enabled him to
act in the name of the Executive Council as a whole even if he consulted
one member thereof; and above all, the fact that the member of the Council
usually owed their appointment to the recommendation of the Governor
General and looked up to him for further promotion as provincial governors.
Few posts in the world carried the dignity, patronage power and
emoluments associated with this office. His tenure was usually five years.
His salary was Rs.2,56,000 a year, and the country was required to spend
another sum of about fourteen lakhs of rupees annually on him.
He had varied powers, administrative, legislative and financial. He had to
administer the civil and military affairs of the Government of India and
preserving peace and order in the country. He had the power to stop the
proceedings of any chamber on any bill or clause of a bill, if he thought that
discussion on it would have a prejudicial effect on the peace and tranquility
of the empire. He could disallow certain questions being asked in the
legislature. In financial sphere all demands for grants and all proposals for
taxation could be placed before the legislature only with his
recommendation, and he cold also restore any grant of tax refused or
reduced by the legislature. He was also given the power of issuing
ordinances for the peace and good government of the country. Moreover,
as the Viceroy he had the power to grant pardon to persons convicted by
courts of law, and bestow honours on persons.
10.3.3 Bicameral Legislature at the Centre
The Act introduced bicameral Legislature at the Centre consisting of

Central Legislative Assembly and the Council of States.
70
10.3.4 The Council of States:
It was the Upper House and consisted of 60 members. Among them 33
were elected and 27 were nominated by the Governor-General. Its
president was to be nominated by the Governor-General. The members
were directly elected but the qualifications of the voters were kept high.
Each province was allotted a fixed number of representatives in the Council
of state in proportion to its importance. Its duration was for five years.
10.3.5 The Legislative Assembly
It was the lower house and consisted of 144 members. Among them, 103
were elected and 41 were to be nominated by the Governor-General. Its life
was 3 years but could be extended by the Governor-General-in-Council.
Each province sent a fixed number of representatives to it. They were
elected directly but the qualifications of the voters were kept so high that
only twelve percent Indians were entitled to vote for it.
10.3.6 Powers of the Central Legislature
The Central Legislature was supposed to have been given wide powers.
It could legislate for whole of the British India, for the Indian subjects and
servants of the Government; It could repeal or amend any law already
existing in the country. The members of the Legislature were given the right
to initiate legislation according to rules. They could move a resolution.
They had right to ask questions and supplementary questions. The right
and freedom of speech was given. The budget was to be submitted to the
Central Legislature. A large part of the budget consisted of non-votable
items.
A new system was introduced in the Provincial Legislatures and it termed

as dyarchy. Dyarchy is a compound of two Greek words, di meaning two,
and archia meaning rule. It thus signifies double government or
government by two rulers. As a system of administration introduced in the
provinces by the Act of 1919, it meant the division of the sphere of
provincial government into two distinct and separate parts, each
71
administered by a different set of individuals appointed in different relations
to the legislature and to the Governor.
10.3.8 Provincial Legislature

The Act introduced certain changes in the provincial legislatures. Their
size was increased; though no bicameral legislature was introduced. They
were to be known as Legislative Councils and their total membership varied
from province to province. Of the total number of the members of a
provincial council, at least 70 percent were to be elected, while not more
than 20 percent were to be officials, the remaining to be nominated non-
officials. The system of elections introduced for the councils was direct, the
primary voters electing the members. But high property qualifications, the
communal and class electorates and special weightage to certain
communities was kept.
10.3.9 The Governor

The Governor was the Executive Head for the Provincial administration.
The subjects of administration were already divided into two lists: the
Central and Provincial. But now the Provincial lists were further divided into
two: the Reserved and the Transferred subjects.
The Governor functioned as the connecting link between the responsible

ministers and the executive councilors, between popular or self-government
and autocracy. He was to hold the ‘balance between divergent policies and
different ideals, and to prevent discord to friction.’ The Governor could take
over charge of the subjects temporarily till a new minister was appointed.
His financial powers were large. No proposal for expenditure on any item
could be placed before the Legislative Council except on his
recommendation.
The administration of the Reserved Subjects was carried on by the

governor with the help of his Executive Councilors while he administered of
the Transferred subjects with the help of his Indian ministers. The
Reserved subjects were those which were supposed to be of greater
importance, which involved law and order in a province which were
72
connected with the welfare of the people. The Provincial Executive Council
was to carry out these duties. The subjects were: Police, administration of
Justice, Irrigation of canals, Water storage and Water power and etc.
The transferred subjects were to be transferred to the Indian Ministers

who were to be appointed by the Governor from among the elected
Members of the Legislature. They were: Education of the Indians, Public
Works, Agriculture and Fisheries.
10.4 Criticism on the Act of 1919
The Act suffered from many defects. The concessions provided in the Act
were meager whereas there were many limitations which defeated the very
purpose of introducing partial responsible government and associating the
Indians with the administration of India.
The bicameral Legislature was introduced at the Centre. The members
were given some rights to discuss legislation and question the members of
the Executive. But they had little power. They had no power to control the
finance.
Three Indians were included in the Central Executive Council. But they
were nominated by the Governor-General. Hence they were only yes men
of the Governor-General.The division of subjects between the Centre and
the Province was not clear.
Dyarchy was introduced in the provinces on April, 1921 and continued to be
in force till April 1937. In Bengal dyarchy ceased to be in force from 1924 to
1927 and in the Central Provinces from 1924 to 1926.
The dyarchical system established has seen a bitter criticism. There were
several defects which proved to be the causes of its failure. But it worked
well for three years.
The division of administration into two halves was defective for the practice
of the Government. It was illogical and irrational.
Many a time there was no unity of purpose between the 2 branches of
administration. There was confusion whether a particular subject belonged
to one department or the other. There were friction between the members
of Executive Council and the ministers. The ministers had to serve two
73
masters. The Governors did not consult the ministers. They did not
encourage the principle of joint responsibility amongst the ministers.
P.N.Masaldan comments: “The carrying out of the policy laid down
by the ministers was largely left to the services over which the ministers had
no control. It was, for the minister, a case of holding responsibility without
corresponding authority.”
‘The aspirations of the Ministers being different from those of the

Governors, the Ministers pulled towards democracy while the Governors
pulled towards autocracy; the Ministers desired to introduce a national
colour in administration, while the Governors tried to exclude it.
Though there were defects in the Act, it can not be denied that it had certain
merits because of which it could truly be called the turning point in the
Constitutional History of India.
The official and secret papers were thrown open to the Indians. In the
Transferred departments greater opportunities were created for the
recruitment of the Indians in the higher government services. The Indian
leaders got better opportunities to introduce social reforms in the country.
Check your progress
1. Describe the special features of Government of India Act of 1919.

Or
What were the circumstances leading to the passing of the Government

of India Act of 1919? Examine its provisions.
2. Explain the system of Dyarchy set up in the provinces by the Government of

India Act, 1919 and account for its failure.
a) Bicameral Legislature at the Centre

b) Dyarchy under the Act of 1919
c) Provincial Government
74
Let us sum up
Some features which were provided in this Act of 1919 were definitely very
significant. It was based on August Declaration. Though the Act suffered
from several serious drawbacks, yet it had its importance. It marked the
end of the period of benevolent despotism and the beginning of the period
of responsible government.
Glossary
1. Dyarchy - system of double government
2. Democratic Set up – people’s government and an ideal happy society
3. Summon - order to be present.
4. Prorogue - discontinue a session of (a parliament or other legislative
assembly) without dissolving it.
5. Dissolve - close down or dismiss
6. Non – votable items - All motions are put to a vote unless the sponsor
of the motion designates it as non-votable.

2. Refer sections 10.3.7 to 10.3.9
3. a) Refer sections 10.3.3
b) Refer sections 10.3.7 & 10.4
c) Refer sections 10.3.7 &10.3.9
REF;
Dyarchy - https://www.google.com/search?q=Dyarchy
Summon - https://www.google.com/search?q=Summon
Prorogue - https://www.google.com/search?q=Prorogue
Dissolve - https://www.google.com/search?q=Dissolve
75
BLOCK IV
Block IV consists of five units from eleven to fifteen. The unit number
entitled
“Simon Commission” enumerates the work of Simon Commission. Though

the Simon Commission became failure because of the fact that Indian
leaders opposed yet some of its proposals were adopted in the ensuing
Acts.
The unit number twelve under the title, “Nehru Report and Jinnah’s fourteen
point formula” describes the circumstances that led and their reports on
constitutional reforms. Nehru Report was a response to the challenge
made by Birkenhead. All parties of India joined together and drew the
report called Nehru Report. In 1928 the Nehru Report was accepted by all
but after some time some differences emerged and the isolationist Muslim
elements began to oppose it but at the same time the nationalist Muslims
were in favour of accepting it. Since Jinnah’s ideas were not accepted by
the Congress, he rejected Nehru Report and gave his fourteen point
formula. It was not a practical solution
The unit number thirteen describes the political events taken place between
1928 and 1935 under the title “the Constitutional development from 1928 to
1935.
There were three Round Table Conferences held in London. Other events
were Gandhi-Irwin Pact, the Communal Award and Poona Pact.
The unit number fourteen entitled the Government of India Act, 1935
enumerates the circumstances leading to the passing of the Act of 1935 and
features of the Act of 1935.
The unit number fifteen entitled “All India Federation and Provincial
Government under the Act of 1935” deals with federal nature of the
Government and provincial Autonomy under the Act of 1935 explaining the
structures and working of Provincial Autonomy in the provinces under this
Act.
76
Unit 11
SIMON COMMISSION
STRUCTURE
Overview
Learning Objectives
11.1 Introduction
11.2 Circumstances
11.3 Appointment of Simon Commission
11.4 Aim of Simon Commission
11.5 Recommendations of the Commission
11.6 Failure of the Commission
Let us sum up
Glossary
Overview
This unit brings out appointment of Simon Commission and its

recommendations and its failure.
Learning Objectives

 examine the recommendations of the Simon Commission and
 trace out the causes of its failure.
11.1 Introduction
The British Government virtually recognized the failure of the Act of 1919.
According to a statutory commission had to be appointed only after ten
years. But, the Commission was appointed two years earlier i.e. 1927. The
Commission came to India under Simon visited India, studied the conditions
and prepared a report and gave it to the British Government.
77
11.2 Circumstances
When Mustafa Kemal Pasha defeated the enemies of Turkey and became
the President of the Turkish Republic. He abolished the Khilafat altogether.
The various Khilafat Committees went out of existence and a large number
of Muslims who had taken active part in their work now drifted away from
the Congress and were absorbed into reactionary organizations. For about
five years from 1922 to 1927 the country passed through the Hindu- Muslim
riots. The Muslim League expressed that the Congress aimed at
establishing the Hindu Raj. The communal riots disrupted the unity of the
country. It was in this situation the Simon Commission had to visit India.
The Hindu Mahasabha was founded with a view to protect the Hindus from
the attacks of the Muslims. Gandhiji observed fast for 21 days to protest
against the communal riots in the country in 1924.
A statutory commission was to be appointed after ten years from the Act of
1919. Therefore the due was in the year 1929. The election in England
was to be held in 1929. The Conservative party which was then the ruling
party was afraid of being ousted by the Labour party in the coming election.
The Conservative party feared that the Labour party might concede
complete independence to India. Lord Irwin the Viceroy of India announced
the appointment of a Royal Commission in 1927.
11.3 Appointment of Simon Commission
The Commission was appointed under the head of Simon. The Statutory
Commission consisted of seven members. All of its members were
Englishmen. The main reason for opposing the Commission was that not a
single Indians had been taken as a member in it. It was greeted with black
flags.
In fact was the Conservative Party did not want any Indian to be on the
Commission. “According to Dr.A.B.Keith, an avoidable blunder was
committed by the Indians by boycotting the Commission. Only a body
external to India could properly decide whether the country was fit for a
further step towards the goal of self-government or not. As India was not
independent, she should not investigate her own case.”
When Simon Commission landed in Bombay on Feb 7, 1928, it was greeted
by black flogs and demonstration. Wherever the Commission went and
stayed, the Congress opposed the commission with black flogs.
78
Despite the opposition shown by the people of India, it started its work
visiting many places and collected the facts with the assistance of the
bureaucrats in the country. It faced the slogan “Simon go back”.
It visited India twice and after taking time in preparing the report it
published in two volumes; the first on June11, and the second on June 24,
1930.
11.4 Aim of Simon Commission
The aim of Simon Commission was as follows:

To inquire into the working of the then constitution,
To study the working of Dyarchy in the Provinces,

To report on the functioning of representative institutions and
To report was it desirable or not to make further progress towards a fully
responsible Government?
11.5 Recommendation of the Commission
After the consistent work the Commission prepared and published its report
it May, 1930. Its recommendations are as follows:
Abolition of Dyarchy
It recommended for the abolition of dyarchy because it was

unworkable. It had some inherent weakness It also suggested for the
provision of Provincial autonomy. Accordingly, it stated the ministers were
to be made responsible for the maintenance of law and order.
It also recommended that the maximum of freedom to the Ministers to run
the administration subject to the overriding powers of the Governors and
Governor General.
Powers of Governor General and Governors
The Governors in the Provinces and the Governor General at the

Centre were to be given special powers to take over the control of entire
administration in case of breakdown of law or constitution.
Extension of Franchise
It suggested the retention of Communal electorate and special

representation of the minority communities and classes.
79
India’s Defence
The responsibility of defending the country from external attack
should remain with the British Government while India should raise forces
sufficient enough to maintain law and order under in the country.
Reconstitution of Central Legislature
It suggested Central Legislature on federal principle might be set up

having represented from all provinces which agree to join the proposed
federation. The method of election for both the Houses, should be indirect.
It recommended the separation of Burma from India and Sind from Bombay.
It did not consider N.W.F.P as suitable for internal autonomy.
Enlargement of Provincial Legislatures
It recommended the enlargement of Provincial Legislation. The
members in the Provincial Legislatures should have not less than 200 and
not more than 250 members. The Muslims in Provinces where they were in
minority should be given special and adequate representation.
Home Government
It stood for the retention of India Council to advise the Secretary of State but
with reduced powers.
Flexible Constitution
It suggested the provision of appointing a commission to review the
constitutional progress after 10 years should be done away with. Instead
the constitution should be made flexible enough to admit changes wherever
necessary.
11.6 Failure of the Simon Commission
The recommendations of Simon Commission fell far short of the

national expectations.
Sir Tej Bahadur Sapru regarded the exclusion of Indians as ‘a deliberate
insult to the people of India’, because ‘not only does it definitely assign to
them a position of inferiority, but what is worse, it denies to them the right to
participate in the determination of the constitution of their own country.’ The
result was that wherever the Commission went it was greeted with hartals,
black flags demonstrations and cries of ‘Simon, go back’.
80
It did not mention anything about Dominion Status and recommended the
retaining of the defense of the country under the British Government.
Though it recommended the Provincial administration and the powers of the
Ministers yet there were restrictions because of the special powers of the
Governors and Governor-General. Despite the fact Indians’ repudiation and
condemnation of the Labour Government, many of its recommendations
were taken place in the provisions of the Government of India Act, 1935.
P.E.Roberts has remarked: “The Simon Commission Report will always
stand out as one of the greatest of Indian State papers.”
Check your progress
1. Examine the recommendations of the Simon Commission.

2. Write a note on the Simon Commission.
Let us sum up
The statutory commission was to be appointed in 1929. The Conservative

Party then in power, appointed the commission under Simon earlier. In
spite of efforts taken by the Commission, its recommendations were not
accepted by the people of India. It met with failure because it did not serve
the national expectation. However some of its recommendations were taken
while framing the Government of India Act, 1935.
Glossary
1. Statutory Commission - a non-constitutional body which is set up by a
parliament.
2. Communal Riots - clashes between two or more communities
3. Blunder - a stupid or careless mistake.
4. Provincial Autonomy - the capacity of the provinces to make relatively
independent decisions
5. Communal Electorate - separate electorate for a particular community,
(example: Muslims)
6. Federal principle - the sharing of tasks - legislative, executive and
financial
7. Repudiation - rejection of a proposal or idea.
1. Refer section 11.1 to 11.6

81
REF;
Federal principle –
https://www.google.com/search?q= Federal +principle
Communal Riots –
https://www.google.com/search?q= Communal+ Riots
Blunder - https://www.google.com/search?q= Blunder
Repudiation - https://www.google.com/search?q= Repudiation
82
Unit 12
NEHRU REPORT AND JINNAH’S 14 POINTS FORMULA
STRUCTURE
Overview
Learning Objectives
12.1 Introduction
12.2 The features of Nehru Report
12.3 Observations
12.4 Jinnah’s 14 point formula- Introduction
12.5 Jinnah’s Demands
12.6 Observation
Let sum up
Glossary
Overview
This unit covers the Nehru Report and Jinnah’s 14 points formula. The
Nehru Report was the result of the challenge made by the British
Government. All parties of India joined together and drafted for the future
constitution of India. Jinnah disagreed this and he made his 14 points
formula.
Learning Objectives

 examine the features of Nehru Report,
 assess the report and
 examine Jinnah’s 14 point formula.

12.1 Introduction
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The Conservative Secretary of State Lord Birkenhead challenged
the Indians in 1925 and again in 1927 to produce a constitution which
should be acceptable to all the political parties of the country. The
Congress took up the challenge and called an All-parties Conference and it
was held in Delhi on February 28, 1928. There were twenty nine parties
took part in it. In Bombay again a meeting was held on May 19, 1928 to
draft a Constitution for India. It set up a Committee comprising of nine
members with Pt. Motilal Nehru as its Chairman.
It met as many as 25 sittings and prepared a unanimous report and
it was placed at Lucknow on August10, 1928. It was called Nehru Report.
12.2 The features of Nehru Report
1. Provincial Autonomy should be given. Subjects should be divided into

Central and provincial lists, the residuary powers to be exercised by the
Centre.
2. It accepted Dominion Status as the next immediate step.
3. The Constitution was to be secular giving no State recognition to any one of

the religions of the country.
4. The principle of the communal electorates was dispensed with. The system
of joint electorates was recommended; the safeguard for the minorities
being that they would be reserved seats in proportion to their population,
with a right to contest the additional seats if they so desired. No seats,
however, were to be reserved for any community in Punjab and Bengal.
5. The Constitution enumerated as many as 19 fundamental rights for the

people to be embodied in the Statute, and expressly declared that the
Government derived all its authority from the people.
6. There should be a parliament of two houses; the Senate and the house of
Representatives. The former should consist of 200 members elected by the
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Provincial Councils to last seven years and the latter should consist of 500
members and be elected on an adult franchise basis for five years.
7. The Governor-General should be appointed by the British Government and

be paid out of the Indian Revenues. He should act on the advice of the
Executive Government.
8. The Prime Minister and other ministers should be appointed by the

Governor-General; the ministers with the advice of Prime Minister and the
Executive Government.
9. The Governor of every province should be appointed by the Crown of

England and be paid out of the provincial revenues.
10. There should be a Legislative Council in the provinces elected on an adult-

franchise basis and should last for five years in normal condition.
11. The Governor should act on the advice of the provincial Executive Council.
12. The Civil and the Army employees in India were to continue enjoying their
rights and continuity of service as before. And it was provided that the
Governor-General would appoint a Public Service Commission for selection
to the Civil Services.
13. There should be a Supreme Court. The court should have both original and
appellate jurisdiction. Appeals should also be made to King-in-Council in
certain cases.
12.3 Observations
The Report was an impetus for converting India into a Dominion

State. Though the challenge of Birkenhead was accepted by all parties in a
hurry, yet the result of reaction was well thought, well planned and well
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organized. According to Zacharias, Nehru Report was “a masterly and
statesmanlike report. For the first time in Indian history, all the political
parties laid their heads together to discuss constitutional problems and their
mutually agreeable solutions. No greater tribute can be paid to it than that it
supplied the blueprint of the present Indian Constitution.” According to
Mahajan, “The recommendations of the report were unanimous except in
regard to the basis of the constitution. While the majority favoured
Dominion Status not merely as distant goal, but as ‘the next immediate
step’, it, however gave liberty of action to all those groups and parties which
made complete independence their goal.”
The Nehru Report which after its adoption by the All Parties
Conference at Lucknow, came for further discussions in the All-Parties
Convention held in Calcutta in December 1928. Though the progressive
trends outwardly visible in the Lucknow Conference, they were entirely
reversed and the earlier hopes that the challenge of the Secretary of State
would successfully be met, were dashed to the ground. ‘Of course, the
Nehru Report failed to receive acceptance from all political parties and
communities of India. Yet, it had its importance. The Report discussed all
aspects of Indian Constitution which was to be framed. Introduction of Joint
Electorates, inclusion of Fundamental Rights, inclusion of native states in
federal constitution of India on condition that democratic institutions would
be first established there, etc. were, certainly, of far-reaching
consequences.’
12.4 Jinnah’s 14 point Demands-Introduction
Jinnah did not agree and satisfy with the observations of the All
Parties Conference of 1928.Since the Conference had rejected many of
Jinnah’s amendments he became reactionary. In March 1929 Jinnah called
a meeting of the All India Muslim League which rejected the proposals as
enumerated in the Nehru Report. He said, “That no scheme for the future
Constitution of the Government of India will be acceptable to the
Mussalmans of India until and unless the following basis principles are
given effect to and provision s are embodied therein to safeguard their
rights and interests.
86
12.5 Jinnah’s fourteen points
Jinnah’s fourteen points are as follows:
1. The form of the future Constitution should be federal with the residuary
powers vested in the provinces.
2. Every Province should enjoy a uniform measure of autonomy.
3. The minorities should be adequately represented in all the Legislative
Assemblies and Local Bodies. No attempt should be made to reduce their
majority in any Province to a minority or even equality.
4. In the Central Legislature Muslim representation shall be one-third.
5. Representation of all the communities should be on the basis of separate
electorate. It should, however, be open to any group to abandon the
system of separate electorate in favour of joint electorate.
6. Any territorial re-distribution that might at any time be necessary shall not in
any way affect the Muslim majority in the Punjab, Bengal and North-West
Frontier Province.
7. Full religious liberty should be guaranteed to every individual.
8. No bill or resolution or any part thereof shall be passed in any legislature or
any elected body if three-fourths of the members of any community in that
particular body oppose such bill, resolution or part thereof on the ground
that it would be injurious to the interests of that community, or in the
alternative such other methods are devised as may be found possible and
practicable to deal with such cases.
9. Sind should be separated from the Bombay Presidency.
10. Reforms should be provided to N.W.F.P and Baluchistan on the same

footing as in other provinces.
11. Adequate share for Mussalmans should be provided in the constitution of all
services, subject to requirements of efficiency.
12. The constitution should embody adequate safeguards for the protection of
Muslim culture and for the promotion of Muslim Education, language,
religion, personal laws and Muslim charitable institutions and for their due
share in the grants-in-aid given by the State and by the self-governing
bodies.
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13. No Cabinet either central or provincial should be formed without there being
a proportion of at least one third Muslim Ministers.
14. No change shall be made in the constitution of the Central Legislature
except with the concurrence of the States constituting the Indian Federation.
12.6 Observations
Mr.Jinnah’s fourteen pint formula offered no practicable solution of

the Communal problem. However he succeeded in bringing the two
sections of the Muslim League together. Jinnah’s formula received
objection from the majority of the Hindus. It resulted in the division of the
Nation into two States. Yet it may be said that the demands showed that
even the Muslim community was against the foreign rule and was in favour
of establishing autonomous self-government on federal lines. The demands
put forward a double edged threat both to the Indians on the one hand and
the British Government on the other. It made the British to guess that the
communalism would be the best weapon by which the Indians might be
disunited.
Check your progress
1 Discuss the features of Nehru Report.

2. Examine the Jinnah’s 14 point formula.
Let us sum up
The Nehru Report prepared reports after having held twenty five sittings.
The twenty nine parties took part in it. Since it was not agreed by Jinnah he
came out with 14 point formula.
Glossary
1. Drafted - prepare a preliminary version of a document.
2. Unanimous Report – Report by total agreement
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3. Adult Franchise - refers that all citizens who are 18 years are free to
vote
4. Dominion Status - a constitutional term of art used to signify a semi-
independent place
5. Indian Federation - refers to relations between the Centre and the
States of the Union of India
REF;
Drafted - https://www.google.com/search?q= Drafted
Adult Franchise - https://www.google.com/search?q= Adult +Franchise
Dominion Status - https://www.google.com/search?q= Dominion +Status
Indian Federation - https://www.google.com/search?q= Indian+ Federation
89
Unit 13
THE CONSTITUTIONAL DEVELOPMENT FROM 1928 TO 1935
STRUCTURE
Overview
Learning Objectives
13.1 Introduction
13.2 First Round Table Conference
13.3 Gandhi-Irwin Pact
13.4 Second Round Table Conference
13.5 The Communal Award
13.6 Poona Pact:
13.7 Third Round Table Conference:
Let us sum up
Glossary
Overview
This unit deals with the Constitutional Development from 1928 to 1935. The
period covered by seven years brings out important events in the history of
India.
Learning Objectives

 describe the events leading to the constitutional development and
 discern the communal award.
90
13.1 Introduction
There were three Round Table Conferences held in London. The
First Round Table Conference was held from November 12, 1930 to
January 19, 1931, the Second Round Table Conference from September 1,
1931 to 1, December 1931 and the Third Round Table Conference from
November 17, 1932 to December 24, 1932.
13.2 First Round Table Conference
The Civil Disobedient Movement was in full swing in India. The

British Government convened a Round Table Conference in London. The
Conference was held there from 12th November 1930 to 19th January 1931.
At that time the most of the Congress leaders were in jails. Only the
members of other political parties in India and of communal leaders
represented India, attending the First Round Table Conference in London.
There were 89 delegates attended the Conference representing British
India, Princely States and the British political parties took part in the
Conference. Ramsay Mac
Donald, the Prime Minister presided over the Conference. Men like Sir
Mirza Ismail, Sir Akbar Hydari and the Maharaja of Bikaner represented
Indian States.
After the submission of the Report of Simon Commission, the British
Government decided to convene the said conference in London to
deliberate and discuss future constitutional reforms with the Indian leaders.
The conference had no member of the Congress party and there was no
representation from the Congress. The Congress launched the Civil
Disobedient Movement in India then.
Ramsay MacDonald proposed a federal form of Government for India. He
proposed full responsible Governments in the Provinces subject to the
special responsibility of the Governors to safeguard the interests of the
minorities. He proposed Dyarchy in the Centre.
Lengthy discussion went on in the Conference in London and
agreed on three basic principles by the members and the British
Government. They were as follows:
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1. The form of the new Government of India was to be an All India
Federation (Federal Government for India),
2. The Federal Government subject to some reservation would be responsible
to the Federal Legislature (Partial responsibility at the Centre) and
3 Full Provincial Autonomy with certain safeguards.
There was unanimous agreement on the issue of federation. In the

absence of the Congress participation the First Round Table Conference
proved to be an exercise in futility.
13.3 Gandhi-Irwin Pact

The Congress dissatisfied with MacDonald’s policy declaration and
prepared for the struggle. The First Round Table Conference was a failure
because the Congress Party of India, the important political party did not
participate in it. The Government slowly felt the need of having a
compromise with the Congress. In this situation, Lord Irwin released Gandhi
and others from the prison and Gandhi-Irwin Pact was signed on 17th
February 1931.
The Gandhi-Irwin Pact may be summarized as follows: 1.Government

would withdraw all ordinances connected with the Civil Disobedient
Movement and to release all political prisoners excepting those who were
guilty of violence, 2.Enquiry into police excesses not to be pressed. 3. The
Criminal Law Amendment would be withdrawn, 4. Civil Disobedient would
be withdrawn and reciprocal action would be taken by the Government,
5.Punitive policy would be withdrawn, 6. To take steps to associate
Congress with the Round Table Conference, 7. The Congress would
withdraw all boycott plans, 8. Picketing of liquor shops should be peaceful,
9. Though salt laws would not be abolished, individual villagers living in the
sea shore would be permitted to manufacture salt for domestic
consumption, 10. To restore the property seized in connection with the Civil
Disobedient Movement and 11.If the Congress did not honour the Pact the
Government would have the option of taking necessary action for protecting
the public.
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The Pact allowed the Congressmen freedom to advocate Poorna Swaraj.
For the time being the Government stopped its repression. It resulted in the
suspension of civil disobedience and Gandhi’s participation in the Second
Round Table Conference.
13.4 Second Round Table Conference (1931 – 1932)
The Second Round Table Conference started in London on 7th

September 1931. Gandhi came to London on 12th September and attended
the Conference. Gandhi was the sole representative of the Congress.
Mrs.Sarojini Naidu and Pt.Madan Mohan Malviya attended it as
Government nominees in their individual capacity. There were 107
delegates participated the Conference. The delegates discussed on two
important matters; the future constitutional structure and representation of
minorities.
The British Government argued that all minorities should have their
interest protected before self-government. Gandhi on the other hand
contended that the communal problem could not be solved unless the
British withdrew from India. Gandhi did not agree the proposal to grant
separate electorates to the untouchables and reacted to the sinister scheme
of the British Government. Winding up the Second Round Table
st
Conference on 1 December 1931, the Prime Minister Ramsay MacDonald
stated that since the Indian delegates had agreed to disagree, the British
Government would decide the safeguards to protect the minorities from the
majority power.
Gandhi returned to India empty handed and much disappointment. The

British Prime Minister Ramsay MacDonald announced Communal Award on
Aug 17, 1932.
13.5 The Communal Award
After the failure of the Second Round Table Conference, and failure
of the Indians to arrive at some formula accepted by all regarding the future
constitution of India, the British Prime Minister Ramsay MacDonald
announced his Communal Award on 16 August, 1932. The Communal
Award suggested that:
93
1. The Muslims, Europeans and Sikhs would have separate communal
electorates:
2. All qualified voters who were not voters in the reserved constituencies
were entitled to vote in a general constituency; 3.Seven seats were to be
reserved for the Marathas in certain plural member constituencies in
Bombay;
4. Separate electorates were to be given to the Depressed Classes; 5. The

Anglo-Indians were to be elected on communal line; and 6. Special seats
allotted to Commerce and Industry, Mining and Plantation were to be filled
through Chambers of Commerce and other Associations. Provision was
also made for landholder’s constituencies.
It was regarded in the British Circle essential that before enforcing

any constitutional reform in India, the communal problem should be settled.
However, it was also declared that “If before the new Government of India
Act has passed into Law they are satisfied that the communities who are
concerned are mutually agreed upon a practical alternative scheme either in
respect of any one or more of Governors’ Provinces or in respect of the
whole of British India, they will be prepared recommend to Parliament that
the alternative scheme should be adopted.”
It was criticized that it was mischievous, malicious, motivated and

meaningless. It was mischievous because it separated the Depressed
Classes from the Hindus. It was malicious because it undermined
Communal Unity and national solidarity by dividing the country on the basis
of religion, community and occupation. The Sikhs and Europeans were
given disproportionate representation. The award was most unfair to
Bengal because it sacrificed Bengal to the Muslims.
Mahatma Gandhi opposed the separate electorates and specially he
showed his resentment upon the provision of separate electorates even to
the depressed classes. His voice against the award was unheard and so he
started his fast until death. This fast, at least, moved the Indian leaders and
they were bound to sit together to settle the communal differences as
regards providing a constitution for India.
94
Indian leaders tried to prevent Gandhi from continuing the fast. Pandit
Malaviya, Dr.Rajendra Prasad, Birla and Mrs.Naidu initiated talks with
M.C.Raja and Dr.Ambedkar the leaders of the Depressed Classes. On the
fifth day of the fast the leaders agreed on a formula. This settlement was
called the Poona Pact and was signed by both parties on 26th September.
On the same day Gandhi broke his fast. The Pact was later on ratified by
Hindu Mahasabha and also accepted by the British Government.
13.6 Poona Pact:
1) To retain joint electorate but the number of reserved seats for the
Scheduled classes as fixed by the award in the provincial legislatures was
doubled. As many as 148 seats were reserved for them against 71 allotted
by the Award.
2) Nearly 20% of seats were reserved for the Harijans in the Central
Legislature.
3) Adequate representation was given to Harijans in local bodies and public
services.
4) Financial aid was promised to promote literacy among the Harijans.
5) The members of the depressed classes registered in the General
electoral roll in a Constituency formed an electoral college. This body was to
elect a panel of four candidates for each of the reserved seat by the method
of single transferable vote. One of these candidates was to be elected for
the reserved seats by the Joint electorate.
The Poona Pact saved the Hindu Society from a serious division. A.V.Keith
stated: “He secured a pact which was of manifest material advantage to the
depressed classes and doubtless of spiritual advantage to Mr.Gandhi”.
13.7 Third Round Table Conference, 1932
The British Government called for the Third Round Table

Conference. The Conference was held from 17th November to 24th
December 1932. The Government invited only 46 delegates who were loyal
to it. Since the Congress was launching Civil Disobedience Movement it did
not participate. The important terms of the Conference were:-
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1) Safeguards,
2) The terms under which Indian states were to join the Federation
and
3) The distribution of residuary powers
The principles agreed upon the three conferences were embodied in
a White Paper presented to the British Parliament in March 1933. It formed
the basis for the Government of India Act of 1935.
The White Paper was examined by a Joint Select Committee .The
Committee recommended certain changes as: 1.introduction of bicameral
legislature in six Provinces and not only three as proposed; 2. upper
chambers in Centre as well as the Provinces to be indissoluble; 3. indirect
elections in place of direct elections for the Federal Assembly; and 4. further
restrictions on the power of the Federal Court. The cumulative result of the
three Round Table Conferences, the White Paper and Report of the Joint
Select Committee was the passing of the Government of India Act of 1935.
Check your progress
1. Bring out the important events that led to the constitutional development
of India between 1928 and 1935.
a) Round Table Conferences
b) The Communal Award

c) Poona Pact
Let us sum up
The discussions went on in the conference in London between the

leaders of the British Government and representatives from India. Since
there was no agreement arrived at, the British Government announced the
Communal Award.
Gandhiji did not accept the Communal Award. Then Poona Pact
was signed. After the third Round Table conference a White paper
96
presented to the British Parliament in 1933 and it formed the basis of the
Government of India Act of 1935.
Glossary
1. Delegates - a person sent or authorized to represent others
2. Unanimous Agreement - total agreement
3. Sinister Scheme - scheme of intelligence bent on punishing
4. National Solidarity - the whole of a country or nation working or
thinking together
5. Disproportionate Representation - the percentage of these groups in
special education differs significantly from their percentage in the
general population
6. Federal Court - a judicial body
Answer to check your progress

1. Refer Sections 13.1 to 13.7
2. a) Refer sections 13.2,13.4,13.7
b) Refer section 13.5
c) Refer section 13.6
REF;
Delegates - https://www.google.com/search?q= Delegates
Sinister Scheme - https://www.google.com/search?q= Sinister +Scheme
National Solidarity - https://www.google.com/search?q= National +Solidarity
Federal Court - https://www.google.com/search?q= Federal Court
97
Unit 14
THE ACT OF 1935: THE FEATURES OF THE ACT OF 1935
STRUCTURE
Overview
Learning Objectives
14.1 Introduction
14.3 Salient features of the Government of India Act 1935
14.4 Appraisal
Let us sum up
Glossary
Overview
This unit deals with the Act of 1935. The Act was very significant as
it introduced dyarchy at the Centre and the Provincial autonomy in the
provinces. The features of the Government of India Act have been
discussed in this unit.
Learning Objectives

trace out the circumstances leading to the Act of 1935 and
examine the provisions of the Act.
14.1 Introduction
The Act of 1935 was an important one in the Constitutional

development of India. It was a lengthy statute consisting of 321 sections
98
and 10 schedules and also it was drawn from many sources like the Simon
Commission, the Nehru Committee, and the Round Table Conference. The
introduction of diarchy at the Centre and autonomy in the Provinces were
the important changes in this Act.
14.2 Circumstances leading to the Act of 1935
The Indians were not satisfied with the reforms of 1919 and they were
agitating for self-government. The Simon Commission was boycotted by
them and the three Round Table Conferences brought no fruitful results.
But, after these conferences, the British Government issued a White Paper
in March 1933 which gave details of the new reforms to be introduced in
India. A Select Committee of the British Parliament deliberated on the
proposals given in the White Paper and made certain changes in it. A Bill
was then introduced in February 1935 in the Parliament which was passed
in August and became the Government of India Act, 1935. it began to
operate in 1937.
14.3 Salient features of the Government of India Act 1935
a) Preamble
It had no preamble of its own. It borrowed from the Act of 1919. It
retained the preamble since there was no change in keeping the basic
policy of Dominion Status for India by stages.
b) Supremacy to the British Parliament
The supremacy of the British Parliament was kept in tact. Although

the Federal and the Provincial legislatures could recommend changes in
certain specified matters under certain prescribed circumstances, the
ultimate authority to amend or repeal the constitution of India was kept with
the Parliament.
c) Secretary of State and his council
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India Council established in 1858 was dissolved by this Act. But at the
same time it provided a committee consisting of members not less than
three or not more than six in its place to advise the secretary from time to
time on any matter relating to India. It had less power than what it had
earlier. As Provincial autonomy was given its powers were considerably
reduced.
d) All India Federation
The Act envisaged the establishment of a federation in India. It provided

for an All India Federation comprising the British Indian Provinces and the
Indian States. The Federation was to consist of the eleven existing
Provinces of India the Six Chief Commissioner’s Provinces and those of the
States which offered to join it. If a State desired to join the Federation it was
to sign an Instrument of Accession wherein it would clearly lay down the
matter with regard to which the control was being handed over to the
Federation. The powers once handed over to the Centre could not be
withdrawn.
e) The Federal Court

The Act also provided for the setting up of a Federal Court with original
and appellate jurisdiction, to decide disputes between the Federating units,
between the Federal Government and a unit or units and with regard to the
interpretation of constitution. The final court, however, remained the Privy
Council.
f) Dyarchy at the Centre
This Act abolished dyarchy in the Provinces and introduced it in the

Centre.
Federal subjects were divided into two parts – the Reserved Subjects and
the Transferred Subjects. Defence, External affairs, administration of Tribal
areas and ecclesiastical affairs were reserved subjects. The reserved
subjects were administered by the Governor-General on the advice of his
Councilors whose members should not exceed 3. The rest of the subjects
were transferred subjects and these were administered by the Governor-
General and a Council of not more than ten members appointed by the
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Governor-General and responsible to the Federal Legislature. The
Governor-General was instructed in a separate Instrument of Instructions, to
appoint the Ministers in consultation with a person who was most likely to
command a stable majority in the legislature, and to encourage joint
consultations between the ministers and the councilors.
g) Reserve Bank
A Reserve Bank was established with a Governor and fifteen

Directors to control currency and keep financial stability in the country.
h) Provincial Autonomy
The Provinces for the first time got a measure of democratic
government. The system of dyarchy or the division of subjects into
Transferred and Reserved was done away with. All the powers were given
to Ministers.
However, the Governors had over all powers, having overriding powers.
i) Safeguards and Reservations
The provision of elaborate safeguards and protective armours for

minorities was the distinctive aspects of the Act. The reason for this was
that the minorities needed protection from the dominance of the majority
community. This provision gave the Governor-General and Governors to
override the Ministers and Legislators. In fact the safeguard amounted to
vital reduction in the powers of the Ministers.
j) Retention of Communal Electorate

The Act retained the separate Communal Electorates. It further
extended the principle of Communal Electorates to Anglo-Indians,
Europeans and Harijans. The Muslims were given 33 ½ % of the British
Indians seats in both the Houses.
k) Enlarged Legislatures and Extension of Franchise
101
The important feature of this Act was that it increased the size of the
Federal Legislature. The Upper Houses or the Council of states was to
have 260 members while the Lower Houses or Federal Legislative
Assembly was to have 375 members. The size of the electorate was also
increased. Nearly
10 % of the total population got the right to vote.
l) Supremacy of British Parliament

No Indian legislature whether Federal or Provincial was authorized to
modify or amend it. The British Government alone was given the authority
to make changes in it. In this way the new constitution was in no way an
Indian constitution, it was an imposition on India by the British Parliament.
The Act was a rigid one.
m) Burma, Berar and Aden
This Act separated Burma from India. It thus became a separate country
assuming the status of a Crown Colony. Aden was surrendered to British
colonial office. Berar remained a part of Hyderabad State, for administrative
purpose it merged with the Central provinces.
n) Abolition of India Council
The Act abolished India Council and provided for the appointment by the
Secretary of State his team of advisers whose number was not to be less
than 3 and more than 6. With the introduction of Provincial autonomy, the
control of the Secretary of State over the Transferred subjects was greatly
diminished. His control remained intact over the discretionary powers of the
Governor General and the Governors.
14.4 Appraisal
The Act tried to unite dissimilar units. Federal system did not give
adequate representation to the people of India. The provisions regarding
the amendment of the constitution were rigid. In fact it did not give any
power to the people.
102
In practice,the Federation scheme remained merely a paper scheme and
provincial autonomy under which the popular ministers came to office was
no more after two years when the popular ministries resigned on the issue
of India’s participation in the war.
The Provincial administration was not in the hands of Chief-Minister but in
the hands of Governor. The Governors had enormous powers like veto
power etc. The seats were to be filled on the basis of Communal Awards.
The separate Electorate was against the national solidarity of India.
Another defect was that while the members of Council of States were to be
directly elected the members of Assembly were to be indirectly elected.
Check your progress
1. Discuss the salient features of the Government of India Act, 1935.

2. Write a short note on the Dyarchy at the Centre
Let us sum up
The Act was a lengthy one and most of the provisions have been placed in
the Indian Constitution. The Act provided provincial autonomy and thereby
the Indians got training in the administration of the Government.
Glossary
1. Statute - a written law passed by a legislative body
2. Deliberated - engage in long and careful consideration.
3. Privy Council - a body that advises the head of state
4. Discretionary powers - a power that a person can use if that person
thinks that it is suitable given the situation and circumstances
5. Rigid - not flexible
2. Refer section 14.3 (f)
103
REF;
Statute - https://www.google.com/search?q= Statute
Deliberated - https://www.google.com/search?q= Deliberated
Privy Council - https://www.google.com/search?q= Privy Council
Rigid - https://www.google.com/search?q= Rigid
104
Unit 15
The Act of 1935: All India Federation and a

Government of Provinces: Provincial Autonomy
STRUCTURE
Overview
Learning Objectives
15.1All India Federation- Introduction
15.2 The Federal Executive; The Governor-General and his powers
15.3 The Federal Legislature
15.4 The Federal Court
15.5The Federal Railway Authority
15.6 Reserve Bank of India
15.7Government of the Provinces and Provincial Autonomy-
Introduction
15.8 Governor and his powers
15.9 Provincial Ministers
15.10 Provincial Legislatures
15.11 Working of Provincial Autonomy
15.12 Criticism
Let us sum up
Glossary
Overview
This unit discusses the provisions of the Government of India Act, 1935, all
India Federation, the Provincial autonomy introduced in the provinces and
the working of Provincial Autonomy in the states.
105
Learning Objectives
 examine the provisions relating to all India Federation and
 enumerate the provincial autonomy
15.1 Introduction
The Government of India Act, 1935, proposed to establish an All India

Federation. According to the Act of 1935, it was to consist of Federal
Executive Federal Legislature and Federal Court. There was also provision
for the Federal Railway Authority and a Reserved Bank. The Dyachy was
introduced at the Centre and the Provincial Autonomy was introduced by
this Act. No Prince of India, however, thought it advisable to join the
Federation. The enthusiasm shown by them in the Round Table
Conference had in fact been an effect of the British whip. When the actual
moment for joining the Federation came, they apprehended a serious
danger to their very existence, if they in this manner associated their States
with the Progressive elements in the British India.
15.2 The Federal Executive

The Federation established in the Centre was to have an Executive
consisting of 1. The Governor-General, 2. the Councilors and 3. The
Council of Ministers.
The executive power and authority of Federation were vested in the
Governor-General who was the representative of the King. He was the
head of the Central administration and enjoyed wide powers concerning the
administration, legislation and finance. He had supreme command of the
military, naval and air force in India. The dyarchy government that the Act
established divided the Federal subjects into two parts – the Reserved and
the Transferred. He administered the reserved subjects with the help of his
Councilors and the Transferred subjects with the help of the Indian
ministers. Thus, the Executive at the Centre was divided into two parts the
Governor-General in Council and the Governor-General-in-Indian ministers.
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Reserved Subjects
The defence, ecclesiastical affairs and foreign relations were under
the reserved subjects. The Governor-General carried out these with the
help of Councilors. The minimum number of councilors was three and
maximum six. They were appointed by the Governor-General. The salaries
and conditions of service of the Councilors were to be prescribed by His
Majesty-in-Council. They were responsible to the Governor-General alone.
Council of Ministers
The Transferred subjects were administered by the Governor-

General with the help of the Council of Ministers. The Council of Ministers
was not to exceed ten. Ministers were chosen by the Governor-General
and they held office during his pleasure. The Governor-General had the
power to overrule the Minister s and was not bound to work according to
their advice; his discretion was final and could not be challenged or called in
question.
Financial Power
Under the order of Governor-General the annual statement of the

estimated receipts and expenditures was to be laid before the Federal
Legislature. No demand for grant could be made except on his
recommendation, and it was within his power to restore a cut imposed on it
by the Legislature. He was to decide the votable and non-votable items in
the expenditure, and in an emergence he was empowered to incur any
amount of expenditure he liked. He was to appoint a financial adviser for the
maintenance of the credit and the financial stability.
Special Responsibilities
The Act of 1935 provided for the transfer of power to the people and also
laid down some special responsibilities of the Governor-General. They
were as follows:
1 the prevention of any grave menace to the peace or tranquility of
India or any part there of,
2 the safeguarding of the financial stability,
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3. the safeguarding of the legitimate interest of minorities,
4. the protection of the legitimate interest of the public services,
5. Prevention of commercial discrimination in the sphere of executive action,
prevention of discrimination against goods imported from England and
Burma,
6. Protection of rights of Indian States and Princes,
7. Securing the due discharge of his functions with regard to matters in which
he acted in his discretion or individual judgment.
Appraisal of the powers of Governor General

The Governor-General had enormous power under this Act. Since
he had powers both discretion and individual judgment, they were
inconsistent with the conception of responsible government.
The administration of the country was to revolve round him. The financial
power of the Governor-General was vast. His discretionary powers and the
powers of individual judgment reduced the responsible government to a
hollow vaunt.
15.3 Federal Legislature

The Federal Legislature that the Act provided was to consist of two
Houses – the Council of States and the House of Assembly.
Council of States (Upper House)
The Council of States known as Upper House was to consist of two

hundred sixty members. Among them one hundred fifty-six were to be
elected from the provinces and one hundred four were to come from the
native states. Representatives of the Council of States were to be elected
directly on a very narrow franchise. They were to remain in the Council for
9years, one-third of them retiring after every three years. It was thus a
permanent body. The Presiding officer of the Upper House was designated
as the President and Vice-President.
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Since the property qualification was kept high, only 1,00,000 got the right to
vote for electing the representatives from British India. The distribution of
seats among the different British Provinces was as follows:
Provinces Seats
Bengal 20
Madras 20
United Provinces 20
Bombay 16
Punjab 16
Bihar 16
C.P & Berar 8
Assam 5
Orissa 5
N.W.F.P 5
Sind 5
Baluchistan 1
Delhi 1
Ajmer-Marwar 1
Coorg 1
Non-Provincial 10
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Community-wise allocations were the following
General 75; Scheduled Castes 6; Muslims 49; Sikhs 4; Europeans 7; Anglo-
Indians 1; Indian Christians 2; women 6.
Each member of the Council was to enjoy membership for nine years, 1/3 of
its members retiring after every three years.
The Federal Assembly (Lower House)

The Federal Assembly or the House of Assembly was the Lower
Chamber consisting of 375 seats. Of these, 125 or one-third were to be
filled up by the representatives of the Indian States the remaining 250 seats
going to the British India. Here again the representatives of the States were
to be nominated by the Princes, while those from the British India were to
be elected.
The representation from the Provinces was to be indirectly elected
by the respective Provincial Legislatures by the system of Proportional
Representation on a single transferable vote-basis. The assembly was to
have normal tenure of five years, unless dissolved earlier by the Governor-
General in his direction or unless its life was extended. The Presiding officer
of the Federal Assembly was designated as Speaker and the Deputy
Speaker.
The seats were assigned to the Provinces in the following way:
Provinces Seats
Madras 37
United Provinces 37
Bengal 37
Bombay 30
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Punjab 30
Bihar 30
C.P.& Berar 15
Orissa 5
N.W.F.P. 5
Sind 5
Baluchistan 1
Delhi 2
Ajmer-Marwar 1
Coorg 1
The representations accorded to the various communities, classes

and interests was the following:
General 105 (inclusive of 19 seats for Scheduled Castes) Muslims
82; Europeans 8; Indian Christians 8; Sikhs 10; Anglo-Indians 4; Industry
and Commerce 11; Labour 10; Landholders 7; Women 9.
Powers and functions of the legislature
The Federal Legislature was empowered to make laws for the British
Indian provinces. It was empowered to make laws for Indian States which
signed in the Instrument of Accession and also for the Chief
Commissioner’s provinces.
A Bill passed by the Federal Legislature required the assent of the
Governor-General. Governor-General’s previous sanctions were required
for certain bills. With regard to financial powers Governor-General had the
80 % of the budget at his mercy. It was he who decided a particular
demand was under non-votable head or not. The remaining 20% of
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expenditure which was votable , the Governor-General had the power to
restore a refused or reduced by Legislature.
15.4 The Federal Court

The Act provided the Federal Court. It was to consist of not more than
six judges besides the Chief Justice, unless the number was increased by
His Majesty on an address being presented to Him by the Federal
Legislature through Governor-General of India. The minimum number was
to be three; the decision for the actual number being left to the Governor-
General. The judges were to be appointed by the Crown. This federal court
had three kinds of jurisdiction original, appellate and advisory. The Federal
Court could hear the appeals from the judgement of High Court in India.
Whenever the Governor-General liked to seek advice from the Court it had
to advise.
15.5 The Federal Railway Authority

The Act provided for the Federal Railway Authority. It was to consist of
seven members. Governor-General was to nominate the President for that
body among seven members. Railway department had to set up separate
Railway Funds and separate Railway Tribunal.
15.6 Reserve Bank
The Act provided for establishing a Reserve Bank of India in the interest
of financial stability. /there were fifteen Directors for the management of the
Bank. Eight of these Directors were to be elected and five nominated. The
Governor-General had also the power to direct the Bank authorities.
15.7 The Act of 1935: All India Federation and

Government of Provinces, Provincial Autonomy-Introduction
The provincial administration had been divided into two parts- Provincial
executive and Provincial Legislature. The Act of 1935 introduced Provincial
112
Autonomy in the Provinces. Governor was the executive head of the
provinces.
15.8 Governor and his powers

Governor was the executive head of the Province. He was appointed by
the British King under the Royal Sing Manual. He acted under the advice of
the Ministers and at the same time he was also authorized to act in his
individual judgment. His decision was final. He also had special
responsibilities.
Like the Governor-General the Governor was to act in three different ways:
1. to act in his discretion, 2.to exercise individual judgment on the Special
Responsibilities, and 3. to act on the advice of the popular minister in the
rest of the matters.
His Discretionary powers
Being the executive head of the Province he could appoint and dismiss
ministers. He presided over the meetings of the Council of Ministers. He
could give two kinds of ordinances – one issued by him at any time and
another was at the time when the Legislature was not sitting. He appointed
members of the Provincial Public Service Commission. It was he who
decided the items of expenditure. His special responsibilities were as
follows:
1. Prevention of any grave menace to the peace or tranquility of the
Province or any part thereof.
2. Safeguarding the right and legitimate interests of the public servants and
their dependants.
3. Safeguarding the legitimate interest of the minorities.
4. Prevention of commercial discrimination.
5. Execution of orders and instructions issued to him by the Governor-
General.
The Act provided him powers and secretarial staff to run the administration
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15.9 Provincial Ministers
Ministers were given departments to run the administration. The
Governor had run the administration under the advice of ministers. It was
laid down in the Instrument of Instruction that the Governor was to summon
that person to form the Ministry who could be expected to command a
majority in the Provincial Legislature. The other Ministers were to be
appointed by the Governor on the advice of the Chief Minister. It was the
duty of the Governor to see that minorities were given representation in the
Ministry.
15.10 Provincial Legislatures
The Government of India Act, 1935 did not set up provincial
legislatures of a uniform pattern. The six provinces of Assam, Bengal,
Bihar, U.P., Madras and Bombay were given two chambers each while the
legislatures of the Punjab, Sind, North-Western Frontier Province, Orissa
and C.P. had only one Chamber. There were two Houses namely
Provincial Legislative Assembly and the Provincial Legislative Council.
Legislative Assembly
The Provincial Legislatures were reorganized under the Act of 1935

and it is for the first time bicameral principle was introduced in the Provincial
sphere. In six out of twelve provinces second chambers were established.
The size of the Provincial Assembly varied from province to province. The
age qualification for membership of the Provincial Assembly was fixed at 25.
The seats in various provinces were distributed according to the Communal
Award. Some seats were known as general seats out of which some were
reserved for the scheduled castes. Separate representation on communal
lines was given to the Muslims, Sikhs, Anglo-Indians, Europeans and Indian
Christians. Some seats were reserved for commerce, industry, land holders
labour and universities. The life of the Assembly was fixed at five years but
could be dissolved earlier.
Legislative Council
The Provincial Legislative Council was a permanent body. The

tenure of office of the members was nine years, but one third of them had to
retire after every three years. The age qualification of the member of the
Legislative Council was fixed at 30.
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Powers of the Legislature
The Provincial Legislatures were vested with the powers of making
laws regarding those subjects which were included in the Provincial list and
also the concurrent list. However, prior sanctions of the Governor were to
be obtained to introduce certain Bills. The Legislature was not allowed to
pass laws on a subject on which the Federal Law had been passed. Both
the chambers had the powers of asking questions and supplementary
questions to the Ministers. The Assembly also had the power of removing
the Minster by passing a vote of no-confidence.
15.11 Working of Provincial Autonomy

Perhaps the greatest and most fundamental of the changes
introduced by the Act of 1935 was the new status assigned to the
Governor’s provinces. It made the provinces autonomous political units. As
autonomous units, each of them was to have ‘an Executive and Legislature
having exclusive authority within the Province in a precisely defined sphere,
and in that exclusively provincial sphere, broadly free from control by the
Central Government and the Legislature.
The Act freed the Provincial Government from the control of the
Centre to a very large extent and also made the Provincial executive
responsible to the provincial legislature in the whole sphere of provincial
administration. All the old distinction between reserved a transferred
subjects was done away with, and with all the provincial subjects were
placed under the control of popular ministers.
The idea of provincial autonomy is associated with the establishment
of responsible government in the whole sphere of Provincial administration.
15.12 Criticism
Elections were held in 1937 in the provinces. Though there was a
difference of opinion within the Congress whether to take part in election or
not, finally, it agreed to contest elections. In the elections, the Congress
obtained clear majority in 6 provinces; U.P., Bihar, Orissa, C.P., Madras and
Bombay. The Muslim League secured only 51 seats out of a total of 482
seats reserved for the Muslims in the whole of British India. The Muslim
115
League from ministry in Bengal, Punjab, Assam and Sindh. The Governor
did not use their powers of legislature. Ministers also acted with restraint.
The Congress Ministries in 8 provinces tendered resignation in October
1939, on war issue.
The Congress Ministries, while they were in office rendered a

commendable service to the masses. They did welfare work and passed a
good number of laws and did service in the field of education, public health,
rural upliftment so as to help common man. A large number of laws were
made dealing in the prohibition, education, agriculture, cottage industries
and rural development.
In non-Congress provinces the Governors enjoyed unlimited powers. In

Bengal and Sindh the coalition Ministries formed government. They were
weak and unstable.
The Act was no doubt did a lot for responsible Government and Indian
received training in the administration of government. After the resignation
of the Congress ministers in 1939 the autocratic rule of Governors was
installed in.
Check your progress
1. Briefly write on the federal features in the Government of India Act, 1935.
2. Critically examine the working of dyarchy under the Act of 1935.
3. Write short notes on the following

a) Federal Executive
b) Governor of the Province
c) Dyarchy
d) Provincial Autonomy
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Let us sum up
The Government of India Act of 1935 was an important Act in the series of
Acts so far passed by the Government of British India. The supremacy of
British Parliament remained in tact. Burma was separated from India with
effect from April, 1937.
Glossary
1. Financial stability - a condition in which there is no major disruption of
market transactions
2. Narrow franchise - narrow range of business segments.
3. Non – votable - Charged Expenditures
4. Railway Tribunal - to exercise the jurisdiction, powers and authority
conferred on it
5. Autocratic rule - government in which one person possesses unlimited
power

1. Refer sections 15.1 15.6
2. Refer sections 15.11 and 15.12
3. a) Refer section 15.2
b) Refer section 15.8
c) Refer section 15.11
d) Refer section 15.12
REF;
Financial stability - https://www.google.com/search?q= Financial+ stability
Narrow franchise - https://www.google.com/search?q= Narrow +franchise
Railway Tribunal - https://www.google.com/search?q= Railway+ Tribunal
Autocratic rule - https://www.google.com/search?q= Autocratic+ rule
117
BLOCK V
Block V consists of three units, unit 16, 17 and 18. The unit sixteen entitled
The Cripps Mission and the Cabinet Mission Plan enumerates the
circumstances that leading to the Cripps Mission and the Cabinet Mission
Plan, their recommendations. Though they gave useful suggestions, yet
they met with failure. But some of those which found in them were adopted
in the ensuing Acts; Indian Independence Act, 1947 and the Constitution of
India.
Unit number seventeen entitled Mountbatten Plan and Indian Independence

Act, 1947 brings out the work of Mountbatten, the circumstances leading to
the passing of the Indian Independence Act. The rule of the British was a
blessing in disguise in certain respects. India had been the congeries of
states. It was the British that brought for the first time the unity in the
country.
Unit number eighteen under the title Constituent Assembly and the Salient
Features of the Constitution of India, January 26, 1950 enumerates the
work of Constituent Assembly and the provisions of the Constitution of
India, 1950. New Constitution comprises of good principles which are found
in the Constitution of other countries and of the previous Acts passed.
118
Unit 16
The Cripps Mission and the Cabinet Mission

Structure
Overview
Learning Objectives
16.1 Introduction
16.2 The Cripps proposals

16.3 Failure of Cripps’ Mission
16.4 An Appraisal
16.5 The Cabinet Mission Plan- Introduction
16.6 The Cabinet Mission
16.7 Proposals
16.8 Merits and Demerits

16.9 Conclusion
Let us sum up
Glossary
Overview
This unit covers the Cripps Mission and the Cabinet Mission and their merits
and demerits.
Learning Objectives
 enumerate the Cripps Mission and

 examine recommendations of the Cabinet Mission Plan
119
16.1 Introduction
The early phase of the Second World War proved to be disastrous to
Britain. In December 1941, Japan entered the war and in few months it
overran Singapore, Java, Malaya, and Rangoon and knocked at the door
steps of British India Empire. The Congress was consistent in its opposition
to the war efforts. The Congress was persistent in accusing the
Government for maintaining a hostile attitude to Indian freedom.
The Muslim League was mounting pressure on the British

Government in favour of Pakistan. Jinnah feared that the Muslim interest
would be irreparably damaged if India was declared independent without
solving the Communal tangle. He also made it clear to the government that
any departure from the August Declaration of 1940 would be vehemently
opposed by the League.
The Churchill government was thus forced by Roosevelt and Chiang

Kaishek to realize the need of Indian support in the war. The British
Government realized that an understanding with the Congress was
necessary for resisting Japan. Hence Sir Stafford Cripps, a member of the
War Cabinet, was sent to India with a plan, on 24 March, 1942 to negotiate
with the Indian Political Parties and Communities, popularly known as “The
Cripps Mission”.
16.2 The Cripps proposals
The Cripps’ proposals were as follows:

1. India would be granted full Dominion Status after the war with the right to
recede from the British Commonwealth.
2. A Constituent Assembly would be set up immediately after the war to draft a

Constitution for India.
120
3. The Constitution as framed by the Constituent Assembly would be
implemented on the following conditions: (a) the Indian Provinces and
States were free to adhere to the new constitution or not; (b) the non-
acceding Province or State would have the freedom to prepare a separate
constitution of its own and would enjoy the same full status as that of the
Indian Union; and (c) a treaty covering all matters arising out of the
complete transfer of responsibility to India, such as the protection of racial
and religious minorities would be negotiated between His Majesty’s
Government and the Constituent Assembly.
4. The British Government would retain control of Defence as part of their

world war effort for the interim period.
5. The treaty between Britain and the “Constitution making body” to make
provision, in accordance with the undertaking given by His Majesty’s
Government, for the protection of racial and religious minorities.
16.3 Failure of Cripps Mission
Cripps proposals were rejected by all he political parties in India.

The congress rejected the offer since it contained a veiled threat to the unity
of explicitly mention the separate State of Pakistan,. The native States
were disappointed since they denied opportunity to participate in the
Constituent Assembly. The rejection of popular control over defense also
disappointed the Indians. Gandhiji rejected Cripps offer as a Post-dated
cheque on a failing bank. After the rejection of the Cripps offer, the All India
Congress Committee passed the famous Quit India Resolution.
The Cripps proposals were analysed by great personalities. Nehru

remarked that “the more one thought of these proposals, the more fantastic
they grow. India became a chequer board containing scores of nominally
independent or semi-independent States, many of them relying on Britain
for military protection of autocratic rule.” According to Dr. Amba Prasad, “the
deep seated distrust and failure to understand temperamental differences
were responsible for the failure of the mission in the ultimate analysis.” The
121
Muslim League repudiated Cripps proposals as the claim of the Muslim
community to self-determination was not accepted.
Owing to the unwillingness of all the Political Parties to accept the

proposals, Cripps withdrew his offer. He said ‘we have tried by the offer
that I brought to help India’ along her road to victory and the freedom, but,
for the moment, past distrust has proved too strong to allow of present
agreement. It is absolutely true that instead of bridging the gulf between the
Government and the political parties, Cripps negotiations only widened it.
16.4 Appraisal
The Cripps’ Mission failed. His proposals were unacceptable to
Indian leaders because of the following reason.
i) Winston Churchill agreed to send the Cripps’ Mission just to tide over the
war crises by hoodwinking Indians and pressure from Allies countries.
ii) Cripps’ proposals were self-contradictory since they were the product of a
coalition Government in England.
iii) The real object of sending Cripps to India was not made clear. Whether he
was intended to be a spokesman or negotiator or initiator of new policy was
not made known. So the real object in sending Cripps was to explore and
exploit ways and means by which British might train a dominating strategic
position in India in the post-war period.
iv) Cripps was not given as much authority and power as were needed to bring
the negotiations to a successful conclusion. There was hardly any
understanding between the War Cabinet and Cripps as to the extent to
which he might go to accept the possible demands of the Indian leaders.
v) The Congress considered formulae such as Johnson proposal and the

Cripps-Johnson proposal as de facto transfer of power during the War. But
such proposals were later withdrawn by Cripps under pressure from the
War Cabinet. Hence the rejection of the Cripps’ proposals by the Congress.
vi) “The Hindu Mahasabha opposed the Cripps’ proposals on two grounds. It
was opposed to the freedom given to the provinces to leave the Indian
Union and set up a separate Government of their own. The Sabha also
122
objected to the elections on the basis of communal award which was a
national and undemocratic.”
vii) “The depressed class denounced the proposals on the ground that the
necessary safeguards were not provided for their interest.”
16.5 The Cabinet Mission Plan- Introduction
The Congress did not accept the proposals of Simon Commission.

It came to know that without struggle it would be hardly possible to get
anything from the British Government. Meanwhile in the general election
which held in England in 1945, the British Labour Party had won and formed
ministry under Mr.Atlee. He announced in the House of Commons a
proposal to send a Cabinet Mission to India. Accordingly, the Cabinet
Mission came to India and discussed with leaders of all the political parties.
Though it failed to make a compromise with Indian leaders it gave its own
plan.
16.6 The Cabinet Mission
The Cabinet Mission consisted of members like Lord Patheck

Lawrence, the Secretary of State, Mr.A.V.Alexander and Sir Stafford Cripps.
It was headed by Lord Patheck Lawrence. Soon after coming to India, Delhi
- 24th March, 1946, the Mission started its work and discussed with Indian
leaders.
As they did not arrive at a compromise and each insisting their own
objectives, the Cabinet Mission came out with its plan on May 6, 1946. Its
proposals were as follows:
16.7 Proposals
No Pakistan
The Mission ruled out the possibility of the formation of Pakistan as
desired by the Muslim League. It viewed that it would increase communal
tangle. The whole of the transportation and Postal and Telegraph system of
India have been established on the basis of a United India. To disintegrate
them would injure the general interest of both parts of India. The Indian
Army Forces had been built up for the defence of India as a whole, and to
123
break them in two would inflict a blow in the Indian Army. Lord Pethic
Lawrence and Stafford Cripps, writes Maulana Azen, “said repeatedly that
they could not see how a State like the Pakistan envisaged by the Muslim
League could be viable and stable.”
A Union of India
a) There should be a Union of India embodying both British India and the
State, which should deal with the following subjects: foreign affairs, defence
and communication; and should have the powers necessary to raise the
finances required for the above subjects.
b) The union should have an executive and a legislature constituted from
British Indian and States representatives.
c) All subjects other than the union subjects and all residuary powers
should vest in the Provinces.
d) Groups of the Provinces: Provinces should be free to form groups and
each group should determine the Provincial subjects to be taken in
common. The first group embodied Madras, Bombay,U.P., C.P. and
Orissa. The second group consisted of the Punjab, N.W.F.P and Sind
whereas the third included Bengal and Assam. (the first group being the
Hindu majority states; the second Muslim majority states, the third equal in
Hindus and Muslims.
e) Reconsideration of terms of the constitution: The Constitution of the
union and the groups should contain should contain a
provision whereby any Province could by a majority vote of its legislative
assembly call for a reconsideration of its terms of the constitution after an
integral period of ten years and at ten years and at ten-yearly intervals
thereafter.
Constituent Assembly
The Institution of a Constituent Assembly was proposed as follows:
a) The Constituent Assembly was to consist of 389 members, 292 of whom

were to represent the British India, 93 would come from the Indian States
while 4 were to represent the chief commission.
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b) The representatives allocated to each community in a Province should be
elected by members of that community in its legislative Assembly.
c) The representatives of the States not exceeding 93 should be distributed
among the states on the basis of the population of each state.
d) The representatives of each group should confer separately and decide
the constitutions for the Provinces within their group and also what
Provincial subjects they should deal with commonly, leaving the rest to be
handled by the legislature of each province.
e) If the constituent Assembly proposed to make any change in
recommendations of the Mission regarding the form of constitution or the
raising of any communal issue, it could not do so without obtaining the
approval of the majority of the representatives of both the Hindus and the
Muslims.
Interim Government
An interim Government having the support of the major political parties

would be set up at the earliest. The Government would be handed over all
the portfolios including that of the War Member and would be given every
help and cooperation by the British.
Treaty
The Cabinet Mission provided for the negotiation of a treaty between the
constituent Assembly and Great Britain to cover all matters arising out of the
transfer of power.
The States
Regarding the States, the Mission said, after the transfer of power to British
India, it would not be possible for the Crown to retain Paramount over them.
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16.8 Merits of the Cabinet Mission Plan
a) The Cabinet Mission turned down Muslim League’s demand for Pakistan.
It recommended undivided India. The grouping of the provinces was a
subtle devise that allowed the Muslims to direct their religion, culture,
education in their own way.
b) It restricted the communal representation. Privilege was given only to
Muslims in Hindu majority Provinces and Sikhs in the Punjab.
c) Its proposal of the formation of a Constituent Assembly on democratic
principle of population and of to be composed entirely of Indians was praise
worthy.
d) All the members of Interim Cabinet were to be Indians and there was to
be minimum interference by the Viceroy.
e) It recognized Indian right to secede from the commonwealth.
16.9 Demerits of the Cabinet Mission Plan
The proposals had certain defects.

a) The grouping of Provinces was likely to lead divisive feelings. A weak
federal government as it proposed might weaken nation and split the
country into three parts.
b) There was the provision for safeguarding the rights of Muslim minority but
not of other minorities.
c) The powers of the Interim Government were not clearly mentioned, how
long would it work was not defined.
16.10 Conclusion
The Congress opposed the arrival of Simon Commission and rejected the
proposals of Simon Commission. It failed its purpose because of the
vehement opposition shown by the Congress. The Cabinet Mission came
and studied the Indian administration and gave its proposals.
126
Check your progress
1. Examine the work of the Simon Commission. Why did it fail?
2. What were the proposals of the Cabinet Mission? Examine its proposals,
merits and demerits.
a) Simon Commission
b) The Cabinet Mission Plan
Let us sum up
The Cabinet Mission gave its proposal on May 16, 1946 are supposed to be
an honest effort of the British to solve the tangled political problem of India.
It is to be born in mind that the constituent Assembly which was formed to
draft Indian Constitution was based on the proposal of the Cabinet Mission.
Glossary
1. Communal Tangle - a narrow, divisive and aggressive attitude on the
part of a group to the detriment of other groups
2. Proposal - a plan or suggestion, especially a formal or written one
3. Dominion Status - a constitutional term of art used to signify a semi-
independent place
4. Self – Contradictory - consisting of two different opinions
5. Strategic Position - elative position within its industry that is very
beneficial
6. Embodied - to cause to become a body or part of a body
7. Negotiation - discussion aimed at reaching an agreement.
8. Paramount - Supreme
9. Interim Government – In-between government frequently organized
following a revolution or sudden death
10. Secede - withdraw formally from an alliance
1 Refer sections 16.1 to 16.4

3 Refer sections 16.1 to16.4
127
REF;
Proposal - https://www.google.com/search?q= Proposal
Embodied - https://www.google.com/search?q= Embodied
Paramount - https://www.google.com/search?q= Paramount
Secede - https://www.google.com/search?q= Secede
128
Unit 17
MOUNTBATTEN PLAN
STRUCTURE
Overview
Learning Objectives
17.1 Introduction
17.2 Mountbatten Plan – 3rd June 1947
17.3 Criticism
17.4 Indian Independence Act, 1947- Introduction
17.5 Circumstances leading to the passing of the Act, 1947
17.6 Provisions of the Indian Independence Act
17.7Appraisal
Let us sum up
Glossary
Overview
This unit enumerates Mountbatten Plan and the circumstances leading to

the passing of Indian Independence Act, 1947 , its provision and appraisal.
Learning Objectives

 discern Mountbatten Plan and
 enumerate Indian Independence Act.
129
17.1 Introduction
The situation in India then was that there was an uncertainty in the
Interim Government as well as in the Constituent Assembly. Mr.Atlee took
notice of it and in order to force the pace of events he ultimately came out
with a statement which proved to be another turning point in the history of
India.
He issued a statement in February 1947, which says:” His
Majesty’s Government wish to make it clear that it is their definite intention
to affect the transfer of power into responsible Indian hands by a date not
later than June 1948.” Lord Mountbatten succeeded Lord Wavell as the
Governor General of India. There was a necessity that India was to be
partitioned. Mountbatten had to take decision acceptable to Indian leaders.
He met all important Indian leaders and discussed with them. Then he went
to England and consulted the leaders there. He returned to India on2nd
June, 1947 and next day he declared his plan.
17.2 Mountbatten Plan – 3rd June 1947

a) India was to be partitioned into two dominions – India and Pakistan. The
transfer of power would take place on 15th August, 1947.
b) The Plan provided for referendum in the North-West Frontier Province
(N.W.F.P) to decide whether the province would join with India or Pakistan.
c) The provincial legislatures of Bengal and Punjab were to meet separately in
two parts each one representing the Muslim majority districts and the other
Hindu majority districts. The members of each legislature were empowered
to vote whether or not the provinces should be partitioned. It was contrary
to League’s demand for a Pakistan including the whole of Bengal and
Assam in the east and the Punjab in the west.
d) A referendum was to be held in the Muslim majority district of Sylhet
(Assam) to decide whether the district would join East Bengal or remain part
of Assam.
130
17.3 Criticism
The agreement of the major Parties of India to the solution of India’s
political problem made it easy for the power to be transferred much earlier
than the date fixed by the statement of February 20.
The representatives of the Hindu majority districts of Punjab and Bengal

voted in favour of the partition of the provinces. Sylhet chose to merge in
East Bengal. In N.W.F.P the followers of Khan Abdul Gaffar Khan boycotted
the referendum. The remaining Muslim population opted for Pakistan. The
Plan was accepted by the British Parliament and it passed the Indian
Independence Act on 5th July, 1947 which received the Royal assent on 18th
July 1947.
17.4 Indian Independence Act of 1947- Introduction
The Indian Independence Act provided for the partition of India and
for the Legislative supremacy of the two Dominions. In order to give effect
to the 3rd June Plan the Indian Independence Bill was introduced into British
Parliament on 4th July, 1947.
17.5 Circumstances leading to the passing of Indian Independence Act
Nehru formed the Interim Government on 2, September 1946. But

the Muslim League refused to join it. Later the League joined in it on 15,
October 1946 only with the intention of wrecking the administration from
within. When the Constituent Assembly met on December 9, 1946, the
Muslim League refused to join it. Mahatma Gandhi did not like to partition
India. Many Congress leaders also realized that the partition was inevitable.
In July, 1946 League decided to observe a Direct Action Day. It led to
numerous killings in Calcutta and the riots were followed by the risings in
Noakhali where Muslims butchered the Hindus and the Hindus killed
numerous Muslims in several parts. These riots and killings moved Indian
leaders and they came to a decision to accept the partition of India. The
political deadlock came to India. The ruling party in England also – Labour
Party which had always been inclined to confer Independence on India.
Lord Mountbatten, the Viceroy of India, a man of pleasing personality came
131
to India and studied the situation and went to England. He talked to Atlee
and put forth his plan.
17.6 Provisions of the Indian Independence Act, 1947.
a) The Act provided for the partition of India and the establishment of two
Dominion of India and Pakistan.
b) Territories of the two Dominions were defined, but they were empowered to
include and exclude a territory themselves.
c) Each Dominion would have its won Governor-General though one person
could act for both in a dual capacity.
d) The Constituent Assemblies of the two Dominions were to work both as
Constitution making bodies and as Legislative bodies in their respective
Dominions.
e) All laws in force in the two Dominions on August 15 would remain so until
amended by the respective Legislatures.
f) By the time new constitutions were framed by these states, the government
would be run on the basis of Government of India Act, 1935. But the
Governor-General and the governors would act only as nominal heads. The
ministers would be responsible to their respective legislatures.
g) The British Paramount on the Indian States would lapse and the States
would be free to join either of the Dominions or to remain independent.
h) The office of the Secretary of State for India was abolished; his work was to
be taken over by the Secretary for Commonwealth Affairs.
i) The title of the British king as Emperor of India was abolished.

Thus, the Independence Act of 1947marked the end of the constitutional
development of India under the British rule.
17.7 Appraisal
The powers that had been exercised by the British Parliament and
the Government in the British provinces were transferred to the Government
132
of India and Pakistan on the due date. Thus this act closed the chapter of
British rule and opened a new one of free India.
Check your progress
1. Describe the circumstances that led to the Mountbatten Plan and

examine his suggestion.
2. Write short notes on the following
a) Mountbatten Plan
b) Indian Independence Act
Let us sum up
The British rule in India if it was an evil as imperialism, it was also a
blessing in disguise in certain respects. It was a result of the British rule
that India was so thoroughly united for the first time in her history, from her
extreme North to her extreme South and from her extreme East to her
extreme West. For full one century, the British had ruled India only by
dividing the Indians among themselves. Thanks to the sincerity and
persuasiveness of Lord and lady Mountbatten, who brought the Congress
and League to an agreement?
The Act was acclaimed as “the noblest and greatest law ever
enacted by the British Parliament.”
Glossary
1. Referendum - a direct and universal vote
2. Partition - the action or state of dividing or being divided into parts.
3. Royal Assent - the method by which a monarch formally approves an
act of the legislature
4. Dominions - A territory or sphere of influence or control

133
REF;
Referendum - https://www.google.com/search?q= Referendum
Partition - https://www.google.com/search?q= Partition
Royal Assent - https://www.google.com/search?q= Royal +Assent
Dominions - https://www.google.com/search?q= Dominions
134
Unit 18
THE CONSTITUENT ASSEMBLY

Structure
Overview
Learning Objectives
18.1 Introduction
18.2 Objectives Resolutions (Constituent Assembly)
18.3 Conclusion
18.4The Salient Features of the Constitution of India, January 26, 1950
- Introduction
18.5 Salient features of Indian Constitution
18.5.1 The form of Government
18.5.2 Both Rigid and flexible
18.5.3 Written Constitution
18.5.4 Universal adult Franchise
18.5.5 Federal in nature with strong unitary tendency
18.5.6 Single Citizenship
18.5.7Fundamental Rights
18.5.8 Directive Principles
18.6 Derives from Many Sources
18.7 Criticism
Let us sum up
Glossary
135
Overview
This unit deals with the Constituent Assembly and the Constitution of India
(1950). The objectives resolutions of the Constituent Assembly and the
features of the Indian Constitution, 1950 have been covered in this unit.
Learning Objectives

 enumerate the Constituent Assembly and
 discern the provisions of the Indian Constitution, 1950.
18.1 Introduction
The elections to the Constituent Assembly were held under the
Cabinet Mission Plan in July, 1946. Out of 210 seats, the Congress won
199 and the Muslim League captured 73 out of a total of 78 seats. The
constituent Assembly was scheduled to meet on December 9, 1946, but the
Muslim League boycotted it and demanded a separate Constituent
Assembly and the establishment of Pakistan.
The first session of the Constituent Assembly was held on
December 9, 1946 under the temporary chairmanship of Sachidanand
Sinha. On 11th December, 1946, the Constituent Assembly elected
Dr.Rajendra Prasad as its permanent chairman. Pundit Jawaharlal Nehru
moved the objectives resolution on December 13, 1946 and described it as
a solemn pledge to the people “which they would redeem in the Constitution
they would frame.” The Constitutional structure was laid by the Objectives
Resolution. It read:
18.2 Objectives Resolution (Constituent Assembly)
1. It declares its solemn resolve to proclaim India as an Independent

Sovereign Republic and to draw up for her future governance a
Constitution;
2. Wherein the territories that now comprise British India, the territories that
now form the Indian States, and such other parts of India as are outside
India and the States as well as other territories as are willing to be
136
constituted into the independent sovereign India shall be a Union of them
all; and
3. Wherein all power and authority of the Sovereign Independent India its
constituent parts and organs of government are derived from the people;
and
4. Wherein shall be guaranteed and secured to all the people of India justice;
social, economic and political; equality of status, of opportunity, and before
the law; freedom of thought, expression, belief, faith, worship, vocation,
association and action subject to law and public morality; and
5. Wherein adequate safeguards shall be provided for minorities, backward

and tribal areas, and depressed and other backward classes; and
6. Whereby shall be maintained the integrity of the territory of the Republic and
its sovereign rights on land, sea, and air according to justice and the law of
civilized nations; and
7. This ancient land attains its rightful and honoured place in the world and
makes its full and willing constitution to the promotion of world peace and
the welfare of mankind.”
The Objectives Resolution was adopted on January 22, 1947. These
objectives were to be the fundamentals of the Constitution and guide the
framers of the Constitution.
18.3 Conclusion
The final session of the Constituent Assembly began on January 24,

1950.
It unanimously elected Dr.Rajendra Prasad as the first President of

India and decided to enforce the new Constitution from January 26, 1950.
“This date was specifically chosen for the inauguration of the Indian
Republic, as it was on January 26, 1930 that the Indian National Congress
had passed the historic resolution at its Lahore session to win
independence. Since then this resolution was repeated every year at public
meetings all over the country till India became independent in 1947.”
137
18.4The Salient Features of the Constitution of India, January 26, 1950
- Introduction
The makers of Indian Constitution borrowed some good features of
Constitutions of Great Britain, U.S.A., Canada and Ireland. They adopted
good and avoided defects while framing the Indian Constitution. The task of
the framers of Indian Constitution was difficult one as India had the
differences of castes, class, colour, provinces language and community.
The Constitution of India is a very comprehensive document. It is a lengthy
because it contains special provisions and safeguards for the Anglo-Indians,
Scheduled Castes and Scheduled Tribes. It contains the fundamental rights
and the Directive Principles of State policy which one finds in no other
constitution except that of Ireland. It also contains the emergency powers of
the President of India.
18.5 The Salient features of the Indian Constitution
The Constitution declares India to be Sovereign Democratic Republic.

The sovereignty is to be derived from the people. The powers of the
government are to be exercised so as to secure to all citizens Justice,
social, economic and political; equality of status and of opportunity and to
promote among all citizens.
18.5.1 The form of Government
The Constitution envisages the parliamentary form of Government at

the centre as well as in the states. The head of the State is President.
However, the form of government is democratic. The President functions on
the advice of the ministers responsible to the Parliament. The Parliamentary
system is both responsible and responsive. Since the ministers are in
constant touch with the opposition party as well as with their party, they face
the problems and know the needs of the people. Under this system it is
hardly possible to become arbitrary.
The Prime Minister is vested with executive powers. The council of

ministers is appointed by the president and is accountable to parliament.
138
18.5.2 Both Rigid and flexible
A rigid constitution is that which requires an extraordinary process
for the amendment of any of its provisions while flexible is one in which any
provision can be amended by ordinary legislative procedure. Though a
written constitution is to be rigid our constitution is not so rigid or so flexible.
It can be said the constitution is partly rigid and partly flexible. Since the
amendment is brought only after two third majority and states ratification. It
is partly rigid.
18.5.3 Written Constitution

Indian Constitution is written constitution. Being a federal state a
written constitution is a necessity because the powers between the Centre
and the States have to be distributed and they are to be recorded in detail. It
is the most lengthy and detailed constitution in the world. It specifies the
structure and power of the Central Government and all the provisions
relating to the provinces, the Indian States and Union Territories. It contains
special provisions and safeguards for the Anglo-Indians, Scheduled castes
and Scheduled Tribes and also states the fundamental rights and the
Directive Principles of State policy. These are the some of the causes for
why it is a lengthy constitution in the world.
It consisted of 395 Articles and 8 schedules. After several amendments it
contains 441 Articles and 12 schedules. Sir Ivor Jennings has remarked
that the Constitution of India is, “the largest and more detailed constitution in
the world.” The fathers of the Constitution sacrificed brevity for a greater
good and made detailed provision covering all foreseeable contingencies.
18.5.4 Universal adult Franchise
Without any disqualification either of sex, religion, property, taxation

or education, our framers adopted universal adult franchise. By granting an
unqualified universal suffrage the Indian Constitution takes a step forward
as compared to England and U.S.A. By the 61st amendment, 1989 the age
limit of franchise is lowered from 21 years to 18 years.
139
18.5.5 Federal in nature with strong unitary tendency
The Constitution does not declare a Federal structure. Article I
describes India as the Union of States. But in fact, the Constitution is federal
in nature at it contains the three important traits of federalism, viz, - 1. The
Constitution is written and it constitutes the Supreme Law of the land; 2.
There is detailed distribution of powers between the Union and the States;
and 3. The supremacy of the courts has well been established.
18.5.6 Single Citizenship
The constitution envisages one citizenship for all the citizens of India.
Every citizen, either living in state or in Union territories has an allegiance
towards the government of India and the States cannot claim separate
citizenship for their own as it is prevalent in the U.S.A. The Constitution
provides for a large number of fundamental rights which are guaranteed to
every citizen of India.
18.5.7 Fundamental Rights
The constitution guarantees certain individual rights which are

justifiable. These rights are only fundamental and not absolute. They are
subject to restrictions in the interests of security of the state. The
reasonableness of the restrictions is decided by the courts and not by the
executives. Those rights are to be found in Articles 12 to 35 of the
Constitution. The Supreme Court and High Courts are the guardians of the
fundamental rights.
18.5.8 Directive Principles
The Directive Principles spell out the aims and objects of the state and
guide Government governance. These principles provide the social and
economic basis of democracy. Accordingly all the Indian citizens are to
have the right to adequate means of livelihood. There is to be an equitable
distribution of the material resources of the country. The economic freedom
demands the avoidance of concentration of wealth and means of
140
production. There is to be a uniform civil code for all the people of the
country.
18.6 Derives from Many Sources

The makers of the Indian Constitution proceeded with open mind to
borrow freely what was best in other constitutions of the world. They
modeled the constitution on the pattern of English Constitution. Directive
principles have been borrowed in more or less the same form from the Irish
Constitution. Giving the residuary powers to the Union Government has
been borrowed from Canadian Government. Our framers incorporated the
best in all constitutions which suited the Indian interests. The features have
been modified to avoid faults that have been disclosed in their working.
18.7 Criticism
There is some criticism on Indian Constitution. The Indian constitution is

highly centralized and the states have less power. The fundamental rights
given to the citizens are illusory and not real. It is superficial. The
emergency power of President is criticized and it is against democratic
principles. Many of the provisions adopted are not new only repetition of
the Act of 1935. Dr.Jennings says: “The lawyer politician has played a more
important part in Indian politics than in the politics of any other country in the
world.” It is viewed that the Indian Constitution is rigid.
Check your progress
1. Trace out the events that led to form the Constituent Assembly. What
were its Resolutions?
2. Examine the features of Indian Constitution.

a) Fundamental Rights
b) Directive Principles
c) Written Constitution
141
Let us sum up
The Constituent Assembly met and drew resolutions. Indian leaders,
politicians and lawyers took effort in drafting Indian Constitution. They have
borrowed good aspects from the constitutions of other countries. The
Indian Constitution is lengthy and unique providing adequate safeguards to
the people and the nation.
Glossary
1. Resolution - a firm decision
2. Executive Powers - the branch of government that is responsible for
the day-to-day management of the state
3. Federalism - a system of government in which the same territory is
controlled by two levels of government
4. Justifiable - defensible

3. a) Refer section 18.5.7
b) Refer section 18.5.8
c) Refer section 18.5.3
REF;
Executive Powers - https://www.google.com/search?q= Executive+ Powers
Resolution - https://www.google.com/search?q= Resolution
Federalism - https://www.google.com/search?q= Federalism
Justifiable - https://www.google.com/search?q= Justifiable
142
AMIL NADU OPEN UNIVERSITY
DEGREE EXAMINATION
MODEL QUESTION PAPER
M.A – History
Course : Constitutional History of India

From 1773 to 1950 A.D. Course Code : MHYS-14
Time : 3 Hours Maximum Marks : 70
Part – A (5x5 = 25 Marks)
Answer any Five questions out of Eight Questions in 300 words

All questions carry equal marks
1. Importance of Regulating Act.

2. Fax India Bill.
3. Government of India Act 1858.
4. Indian Council Act 1861.
5. Lucknow Pact.
6. India Act 1990.
7. Nehru Report.
8. Mountbatten Proposal.
PART - B (3  15 = 45 marks)
Answer any Three questions out of Five Questions in 1000 words.

All questions carry equal marks.
9. Why was Regulating Act passed? What were its provisions?

Examine its merits and demerits.
10. Discuss the circumstances leading to the passing of India’s
Councils Act of 1909 and its main provisions.
11. Bring out the important events that led to the constitutional
development of India between 1928 and 1935.
12. Examine the work of the Simon Commission. Why did it fail?
13. Trace out the events that led to form the Constituent Assembly.
What were its Resolutions?
143
URKUND Plagiarism Report
144

Mhys 14

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CONSTITUTIONAL HISTORY OF INDIA

SCHOOL OF HISTORY AND TOURISM STUDIES

Name of the Course Code MHYS – 14 Constitutional History of India

Curriculum Design/Content Dr. N. Dhanalakshmi

Course Writer: Dr. R. Jaganath,

June 2021 (First Edition)

ISBN No: 97-893-5706-344-9

© Tamil Nadu Open University, 2021

Further information on the Tamil Nadu Open University Academic

Printed by: (Name and Address of the Press)

The Queens Proclamation – Government of India Act of 1858 A.D – Home

Circumstances leading to Lucknow Pact – August Offer 1917 A.D – The

Simon Commission – its recommendations – Nehru Report -Round Table

Cripps Mission – Cabinet Mission – Mountbatten Proposals – Indian

BLOCK I Page No.

UNIT 1 The Regulating Act 1773 2-9

UNIT 2 The Pitt’s India 1784 10 - 18

UNIT 5 The Government Of India Act, 1858 32 - 37

UNIT 6 The Indian Council Act Of 1861 38 - 43

UNIT 7 The Indian Council Act Of 1892 44 - 49

UNIT 8 Minto – Morley Reforms 1909 51 - 57

UNIT 9 Lucknow Pact And The Congress-Muslim League Scheme, 1916 58 - 63

UNIT 10 The Government of India Act of 1919 64 - 72

UNIT 11 Simon Commission 74 - 78

UNIT 12 Nehru Report And Jinnah’s 14 Points Formula 79 - 85

UNIT 13 The Constitutional Development From 1928 To 1935 86 - 93

UNIT 14 The Act of 1935: The Features of The Act of 1935 94 - 99

UNIT 15 The Act of 1935: All India Federation And A Government

UNIT 17 Mountbatten Plan 123 - 127

UNIT 18 The Constituent Assembly 128 – 135

URKUND Plagiarism Report 137

THE REGULATING ACT 1773

1.4 Criticism – Merits and Demerits

1.2 Circumstance leading to the passing of the Regulating Act

The question of Company’s position and sovereignty of India

A famine occurred in Bengal in 1770. As a result, people suffered a lot.

1.3 Provisions of the Regulating Act

Governor in Council of Presidencies were required to obey the

Receiving of presents and bribes by the servants were prohibited by

The Supreme Court was established and it was entrusted ecclesiastical,

The court of directors became an Oligarchy.

1. Why was Regulating Act passed? What were its provisions?

Answers to check your progress

1. Refer sections 1.1 to 1.4.

4. Refer section 1.4

THE PITT’S INDIA 1784

Answers to check your progress

 discern provisions, defects and importance of the Pitt’s India Act.

Working of the Regulating Act exposed the defects. In order to

2.2 Circumstances that led to the Act

2.2.2 Dundas Bill

In 1783 there was a coalition ministry of Fox and North. Dundas

2.2.3 Fox’s India Bill

The Act provided a Board of Control which consisted of six

2.3.2 Changes in Board of Directors

2.3.3 Changes in Governor General in Council

The Governor – General- in-Council was given the power of authority to

2.3.4 The Presidencies

The Government of the Presidencies was to consist of a Governor and a

Bombay and Madras Presidencies were required to send to the government

2.3.5 Other provisions