History-1

2-SEMESTER-BLS.LLB
https://youtube.com/@legal_hustlers

∆ Establishment of the Indian National Congress

 The Indian National Congress (INC) was established in 1885 as a political
organization in India during the British colonial rule. It played a crucial role in
India's struggle for independence and eventually became one of the country's
major political parties.
 The founding of the Indian National Congress can be traced back to a group of
Indian intellectuals and political leaders who aimed to create a platform for
political dialogue and representation of Indian interests. The prominent figures
involved in its formation included Allan Octavian Hume, Dadabhai Naoroji,
Dinshaw Wacha, and Pherozeshah Mehta.
 The first session of the Indian National Congress was held from December 28 to
December 31, 1885, in Bombay (now Mumbai). Around 72 delegates from
various parts of India attended the session, representing different socio-cultural
and political backgrounds.
 The primary objectives of the Indian National Congress were to promote the
welfare of the Indian people, safeguard their rights and interests, and work
towards achieving self-government for India. In the early years, the organization
focused on demanding administrative and constitutional reforms from the
British government, rather than advocating for complete independence.
 During its initial years, the Indian National Congress served as a forum for
political discussions, exchanging ideas, and building networks among Indian
leaders. Over time, it became a platform for nationalist sentiment and played a
significant role in shaping India's political landscape.
 With the passage of time, the Indian National Congress evolved and adopted
different strategies in its struggle for independence. It witnessed various phases,
including the moderate phase led by leaders like Dadabhai Naoroji, Gopal
Krishna Gokhale, and Pherozeshah Mehta, followed by the more assertive and
radical phase led by leaders such as Bal Gangadhar Tilak and Lala Lajpat Rai.
 The Indian National Congress became a mass movement under the leadership of
Mahatma Gandhi, who advocated for nonviolent civil disobedience and played a
pivotal role in mobilizing millions of Indians against British colonial rule.
 After India gained independence in 1947, the Indian National Congress became
the dominant political party and formed the first government with Jawaharlal
Nehru as the Prime Minister. It played a central role in shaping India's political,
social, and economic policies for several decades.
 Today, the Indian National Congress remains one of the major political parties
in India, although its influence and electoral performance have varied over time.
It has contributed significantly to the democratic fabric of the country and
continues to be an important player in Indian politics.
∆ The Work Of Moderates INC
The Moderates, also known as the Moderate Phase of the Indian National
Congress, were a group of leaders who dominated the early years of the Indian
National Congress (INC) from its formation in 1885 until the early 1900s. The
Moderates advocated for a peaceful and constitutional approach to achieving
reforms and self-government for India within the framework of the British
Empire.

1. Dadabhai Naoroji
 Known as the „Grand old man of India.‟
 He became the first Indian to become a member of the House of
Commons in Britain.
 Authored „Poverty and Un-British Rule in India‟ which focused on the
economic drain of India because of British policies.
 This led to an enquiry on the matter.

2. Womesh Chandra Bonnerjee

 The first president of the INC.
 Lawyer by profession. First Indian to act as Standing Counsel.
 G Subramania Aiyer
 Founded „The Hindu‟ newspaper where he criticised British imperialism.
 Also founded Tamil newspaper „Swadesamitran‟.
 Co-founded the Madras Mahajana Sabha.

3. Gopal Krishna Gokhale

 Regarded as Mahatma Gandhi‟s political guru.
 Founded the Servants of India Society.

4. Sir Surendranath Banerjee

 Also called „Rashtraguru‟ and „Indian Burke‟.
 Founded the Indian National Association which later merged with the
INC.
 Cleared the Indian Civil Service but was discharged due to racial
discrimination.
 Founded newspaper „The Bengalee‟.

Aims and demands of the moderates

 Education of the masses and organising public opinion, make people
aware of their rights.
 Indian representation in the Executive Council and in the Indian Council
in London.
 Reform of the legislative councils.
  Separation of the executive from the judiciary.
 Decreased land revenue tax and ending peasant oppression.
 After 1892, raised the slogan, “No taxation without representation.”
 Reduced spending on the army.
 Abolishing salt tax and duty on sugar.
 Holding the ICS exam in India along with England to allow more Indians
the opportunity to take part in the administration.
 Freedom of speech and expression.
 Freedom to form associations.
 Development of modern capitalist industries in India.
 End of economic drain of India by the British.
 Repealing the Arms Act of 1878.
 Increasing spending on education of Indians.

Methods of the moderates

 They believed in peaceful and constitutional methods to demand and fulfil
those demands.
 Used petitions, meetings, resolutions, pamphlets, memoranda and
delegations to voice their demands.
 Their method has been called 3P – Prayers, Petition and Protest.
 Had complete faith in the British justice system.
 Confined to the educated classes only. Did not try to employ the masses.
 They aimed only at getting political rights and self-government under
British dominion.

The Moderates' emphasis on constitutional methods, political reforms, and

national unity provided a framework that later leaders built upon as they
pursued more assertive and radical approaches to secure India's freedom from
British rule.

∆ Indian Councils Act of 1892

The Indian Councils Act 1892 was an Act of British Parliament that introduced
various amendments to the composition and function of legislative councils in
British India.

1. Increased Non-Official Members: The act increased the number of

additional or non-official members in the legislative councils as follows:
 Central Legislative Council: 10 to 16 members
 Bengal: 20 members
 Madras: 20 members
 Bombay: 8 members
 Oudh: 15 members
 North Western Province: 15 members
 Among these members, only 5 out of 24 were Indians in 1892
 2. Right to Ask Questions: Members were given the right to ask questions on
the budget and matters of public interest. However, they were required to
give a notice of 6 days in advance to ask such questions, and
supplementary questions were not permitted.

3. Indirect Election System: An indirect election system was implemented to

elect members of the councils. Recommendations for members could
come from universities, district boards, municipalities, zamindars
(landowners), and chambers of commerce.

4. Legislative Powers: The act empowered the legislative councils to make

new laws and repeal old laws with the permission of the
Governor-General. This granted the councils some legislative powers,
although with limitations.

5. Discussion of Official and Internal Matters: Elected members were

permitted to discuss official and internal matters within the councils.

Flaws of Indian Council Act 1892:-

 Indians were not allowed to have control over the annual budget.
 It restricted the INC from holding discussions on matters related to
finances.
 They were restricted from asking supplementary questions. (Members of
the legislative councils)

Thus, It was the first step towards a representative form of government in

modern India although there was nothing in it for the common man and The act
was met with mixed reactions from various political and social groups in India,
with some appreciating the limited progress while others continued to push for
more extensive changes.

∆ Rise of Extremists and Partition of Bengal (1905)

The early phase of the Indian National Congress, which was founded in 1885,
was characterized by a moderate approach to seeking reforms and concessions
from the British government. Leaders like Dadabhai Naoroji and Gopal Krishna
Gokhale advocated for a peaceful and constitutional method of achieving
self-rule within the British Empire.
However, as the Indian nationalist movement progressed and faced challenges
from British repression and divisive policies, a group of leaders within the
Congress began to advocate for more assertive and militant tactics. This group
came to be known as the extremists.
The rise of the extremists can be attributed to several factors:

1. Repressive British Policies: The British government, in response to the

growing nationalist sentiment, implemented repressive measures and
curtailed civil liberties. This led to a sense of frustration among some
Congress leaders who believed that peaceful methods were ineffective in
bringing about real change.
2. Economic Exploitation: The British colonial rule had severely impacted
the Indian economy, leading to widespread poverty and economic
exploitation. Extremist leaders argued that the only way to address these
issues was through more radical means, including the promotion of
swadeshi (indigenous industries) and boycotts of British goods.
3. Influences from International Movements: The extremist leaders drew
inspiration from international movements and ideologies. They were
influenced by concepts like nationalism, self-determination, and armed
resistance that were gaining traction worldwide, particularly in the wake
of World War I and the Russian Revolution.

Prominent leaders associated with the extremist faction included Bal Gangadhar
Tilak, Bipin Chandra Pal, Lala Lajpat Rai, and Aurobindo Ghosh. They
advocated for more radical forms of protest, such as mass agitations, strikes,
boycotts, and even armed resistance against British rule.

Impact of the Extremist Period

 Bal Gangadhar Tilak organized Ganpati and Shivaji festival to spread the
message of boycotting westernization in India. This was a major social
reform and had a larger impact on society.
 The slogan “Swaraj is my birthright and I shall have it” by Tilak was the
talk of society.
 British goods and national education was boycotted which brought a
major change in the economy of the country and gave way to employment
and various other opportunities for the Indians.
 There was a major reform in education across the country as the
extremists worked on establishing National universities free from
government control.

Thus, The extremists played a crucial role in shaping the nationalist discourse
and expanding the scope of the freedom movement. Their ideas and tactics laid
the foundation for future movements, influencing subsequent leaders such as
Mahatma Gandhi and revolutionaries like Bhagat Singh.
∆ Partition of Bengal (1905)
The Partition of Bengal was the territorial reorganization of Bengal which was
announced by the then Viceroy of India, Lord Curzon on 20 July 1905.

The Partition Of Bengal:-

 In December 1903, the British Government conveyed their idea of
Partition of Bengal.
 Lord Curzon announced the Partition of Bengal on 20 July 1905.
 The idea was to divide Bengal into two - Bengal and Eastern Bengal.
 The Western Bengal, Bihar and Orissa were retained under Bengal while
the remaining portion of Bengal and Assam formed the Eastern Bengal.
 Calcutta was the capital of Bengal whereas Dhaka was made the capital of
Eastern Bengal.
 The British government partitioned Bengal on the basis of language and
religion. The western half was to be Hindu majority while the eastern half
to be Muslim majority.

Reasons For Partition Of Bengal

The official reason given by the British administrators for Partition of Bengal
was that it was an administrative necessity. Bengal had a population of about 78
million which was hard to administer. However, there were underlying political
motivations behind the decision as well. The partition was seen as a deliberate
attempt to weaken the growing nationalistic movement in Bengal, which had
become a hotbed of anti-colonial activities.

Reaction To The Partition Of Bengal

The partition also led to communal tensions between Hindus and Muslims, as it
was perceived as a deliberate attempt to divide the communities along religious
lines. There were protests, demonstrations, and acts of civil disobedience across
Bengal.In 1911, due to mounting pressure and protests, the British government
decided to annul the partition of Bengal. The capital of British India was also
shifted from Calcutta (in Bengal) to Delhi during this period.

Thus, The partition of Bengal in 1905 had a profound impact on the Indian
national movement. It gave rise to a sense of political awakening and solidarity
among the people of Bengal.
∆ Indian Councils Act of 1909
The Indian Councils Act of 1909, also known as the Morley-Minto Reforms, was
an important legislative enactment during the British colonial rule in India. It
was introduced by the Secretary of State for India, John Morley, and the Viceroy
of India, the 4th Earl of Minto.

Objective
The main objective of the Indian Councils Act of 1909 was to expand the
representation of Indians in the legislative councils and provide them with
limited opportunities for participating in the governance of their own country.

Key Points

1. Increased representation: The act expanded the size of the legislative

councils and increased the number of elected Indian members. It
introduced a system of communal representation, where separate
electorates were created for Muslims, Sikhs, Europeans, and other
minorities.
2. Separate electorates: The act introduced the concept of separate
electorates, which allowed communities to vote for their own
representatives. This provision was seen as a strategy to divide the Indian
population along religious and communal lines, as it sought to give
separate representation to different religious communities.
3. Limited franchise: The act expanded the franchise, allowing more Indians
to vote and stand for elections. However, the right to vote was still
restricted and based on property qualifications, which limited the
participation of the majority of Indians.
4. Legislative powers: The act increased the legislative powers of the
provincial legislative councils. They were granted the authority to discuss
and pass budgets, as well as discuss and ask questions on matters of
public interest. However, real decision-making powers still remained in
the hands of the British officials.
5. Imperial Legislative Council: The act also established an Imperial
Legislative Council, which consisted of members from the provinces and
nominated officials. This council had limited legislative powers and served
as an advisory body to the Viceroy.

The Indian Councils Act of 1909 was significant as it marked the first attempt by
the British government to include Indians in the legislative process. However, it
fell short of the demands for greater self-governance and did not satisfy the
aspirations of the Indian nationalist movement.
∆ August Declaration (1917)
The August Declaration of 1917, also known as the Montagu Declaration, was a
significant policy statement made by Edwin Montagu, the Secretary of State for
India, on behalf of the British government during the First World War. The
declaration outlined the British government's policy towards constitutional
reforms in India and had far-reaching implications for the Indian nationalist
movement.

Key Points

1. Self-Government: The August Declaration recognized the principle of

"responsible government" for India. It stated that the goal of British
policy was the gradual development of self-governing institutions with a
view to India eventually attaining responsible government status.
2. Change in perception of sedition: The August Declaration signaled a
change in the perception of nationalist demands for self-government. It
acknowledged that the demand for self-government or home rule was no
longer considered seditious because achieving self-government had
become a government policy. This marked a departure from the position
taken in the Indian Councils Act of 1909.
3. Fundamental Rights: The August Declaration acknowledged the
importance of safeguarding the rights and interests of all communities in
India. It assured that any future reforms would take into account the
opinions and aspirations of different religious and social groups.
4. Expansion of Executive Councils: The declaration proposed an immediate
expansion of the Executive Councils in India, with the inclusion of more
Indians in the decision-making process. It aimed to give Indians a greater
role in the governance of their own country.
5. Introduction of dyarchy: To address the need for greater accountability,
the concept of dyarchy was proposed. Dyarchy involved dividing the
subjects of government into two categories: reserved and transferred.
Reserved subjects remained under the control of the British-appointed
officials, while transferred subjects were entrusted to Indian ministers
responsible to the legislature. This system aimed to make the executive
more accountable to the elected assemblies by giving them authority over
certain policy areas.

Thus, The declaration outlined the British government's policy towards

constitutional reforms in India and had far-reaching implications for the Indian
nationalist movement.
∆ Montague-Chelmsford Report (1918)
The Montague-Chelmsford Report, also known as the Montague Report, was a
significant document in the history of British India. It was published in 1918 and
presented the recommendations of the British government-appointed committee,
headed by Edwin Montague (Secretary of State for India) and Lord Chelmsford
(Viceroy of India).

The report was a response to growing demands for political reforms and
self-government in India. It recognized the need for increased Indian
involvement in the governance of the country and aimed to address the growing
discontent among the Indian population.

Key Points

1. Introduction of Diarchy: The report proposed the introduction of a dual

system of government known as "diarchy" in the provinces. This meant
that some areas of administration, such as education, agriculture, and
health, would be transferred to Indian ministers, while important matters
like finance, law, and order would remain under British control.
2. Responsible Government at the Center: The report suggested the gradual
development of responsible government at the central level, where British
ministers would be responsible to the Indian legislature. However, this
recommendation did not propose immediate self-government or complete
independence.
3. Expansion of Legislative Councils: The report recommended the
expansion of legislative councils at both the central and provincial levels,
with a greater number of elected representatives. This aimed to increase
Indian participation in the legislative process and decision-making.
4. Protection of Minority Rights: The report emphasized the protection of
minority rights and recommended separate electorates for religious and
minority communities, allowing them to elect their own representatives.

Thus, The Montague-Chelmsford Report marked a significant step forward in

British policy towards India. It acknowledged the need for Indian involvement in
governance, although it fell short of the demands for full self-government.
∆ The Government of India Act 1919 and its consequences
The Government of India Act of 1919 was built on the recommendations of a
report that Edwin Montagu provided. Edwin Montagu was India‟s secretary of
state in 1917. Montagu presented this report to the Cabinet. His goals, which
included working for India‟s gradual construction of free institutions that will
ultimately lead to self-government, were highlighted in the study.Instead of
establishing free institutions, Lord Chelmsford advised Montagu to concentrate
on increasing Indian participation in all facets of administration and the gradual
growth of self-governing organizations.

Objectives
The Government of India Act‟s primary objective was to guarantee that Indians
were represented in the administration (1919). Changes were made to the federal
and provincial governments as a result of this Act.

Provision
1. Diarchy :- The Government of India Act 1919 established diarchy at the
provincial level. A system with two governments, one of which is in charge
and the other not, is referred to as a diarchy. The control over the
provinces was weakened by splitting subjects into “central subjects” and
“provincial subjects.”
2. Division of Subjects :- Reserved subjects and transferred subjects were
the two groups into which the province administration separated its topics.
Local self-government, public works, sanitation, industrial research, and
the development of new companies are among the subjects on the
Transferred List.The Reserved List covers a variety of subjects, such as
the administration of justice, the press, revenue, forests, the settlement of
labour disputes, water, agricultural loans, police, and prisons. The
Secretary of State and Governor-General could interfere in matters
covered by the reserved list, but only under extremely specific conditions
in matters covered by the transferred list.
3. Legislative Changes :- Viceroy had the power to enact laws without the
consent of the legislature, but the legislature had no power to pass any
bills. Bicameralism was founded in the Central Legislature by this act.
The lower house was the Legislative Assembly, which had 145 members
who were elected to three-year terms. The upper house was the Council of
States, which consisted of 60 members serving five-year terms.
4. Electoral Provision :- The communal representation now comprised Sikhs,
Europeans, and Anglo-Indians. A few additional people also received the
franchise (right to vote). Non-Brahmins were given a reservation in
Madras, and the downtrodden classes were also given nominated seats in
the legislatures.
5. Other Provisions :- The Indian Public Service Commission‟s
 establishment was required under the Act. The Executive Council‟s eight
members included three Indians. It established a post for the Indian High
Commission in London.

Consequences
 Irresponsible Central Government: No responsible government was
envisaged in the Act at the all-India level.
 Spread of Communalism: The flawed electoral system and limited
franchise failed to gain popularity. It promoted a sense of communalism
in a separate electoral system.
 Limited Extension of Electorates: The electorate was extended to some
one-and-a-half million for the central legislature, while the population of
India was around 260 million, as per one estimate.
 Lack of Administrative Control: At the centre, the legislature had no
control over the viceroy and his executive council.

Overall, the Government of India Act 1919 represented a significant milestone in

the constitutional development of India, laying the foundation for further
reforms and shaping the course of the independence movement in the years to
come.

∆ Simon Commission (1927), Nehru Report (1928) & Round Table

Conferences.
The Simon Commission, the Nehru Report, and the Round Table Conferences
were all important events in the lead-up to India's struggle for independence
from British rule. Here's an overview of each of these events:

1. Simon Commission (1927):

The Simon Commission, officially known as the Indian Statutory Commission,
was appointed by the British government in 1927 to review the functioning of the
Government of India Act 1919 and recommend further constitutional reforms.
The commission, led by Sir John Simon, consisted of all British members and no
Indian representation, which sparked widespread protests in India.

The commission's arrival in India in 1928 was met with massive protests and
boycotts by Indian political parties and leaders. The Indian National Congress
and other organizations demanded that the commission include Indian members,
leading to a complete rejection of the commission's findings by the Indian
nationalists. The Simon Commission ultimately failed to achieve its objectives
and created a sense of discontent among Indians regarding British intentions and
the lack of Indian representation in decision-making processes.
2. Nehru Report (1928):
In response to the Simon Commission, the Indian National Congress appointed a
committee headed by Motilal Nehru to draft a constitution for India. The Nehru
Report, published in 1928, outlined the demands of the Indian nationalist
movement for self-government and represented a comprehensive plan for India's
future constitutional framework.

The Nehru Report proposed the establishment of a dominion status for India
within the British Empire, with full responsible government and fundamental
rights for citizens. It rejected separate electorates based on religion and
advocated for a united India with equal rights for all communities. However, the
report's failure to accommodate Muslim demands for adequate representation
led to the emergence of a separate demand for a separate Muslim state, which
would later culminate in the demand for Pakistan.

3. Round Table Conferences:

 The Round Table Conferences were a series of three conferences held in London
between 1930 and 1932 to discuss constitutional reforms for India. These
conferences aimed to bring together representatives from various Indian
communities, including the Indian National Congress, the Muslim League, and other
political groups, to negotiate and reach a consensus on India's future political
structure.
 The first Round Table Conference (1930-1931) had limited participation from the
Indian political parties as the Indian National Congress boycotted it. However, some
regional parties and representatives attended. The conference failed to achieve any
significant breakthroughs.
 The second Round Table Conference (1931) witnessed the participation of Mahatma
Gandhi, representing the Indian National Congress. However, the discussions
between the Congress and the British government did not result in a consensus.
 The third Round Table Conference (1932) saw the absence of the Indian National
Congress, which was protesting against the British government's handling of the
civil disobedience movement. The conference concluded with the British government
announcing a separate electorate for the depressed classes (Scheduled Castes or
Dalits).

Overall, the Round Table Conferences failed to achieve a broad consensus among
Indian political parties and the British government. However, they provided a
platform for discussions on constitutional reforms and helped shape the
subsequent Government of India Act 1935, which laid the foundation for limited
self-government in India.
∆ Civil Disobedience Movement
The Civil Disobedience Movement, also known as the Salt Satyagraha, was a
major campaign of nonviolent resistance led by Mahatma Gandhi and the Indian
National Congress in 1930. The movement aimed to challenge British colonial
authority and demand full independence for India.

The movement began with the Salt March, a 240-mile march from Sabarmati
Ashram to the coastal town of Dandi. Gandhi and his followers walked to the sea
to produce salt in defiance of the British salt monopoly. This symbolic act of civil
disobedience inspired widespread protests, boycotts of British goods, and
noncooperation with British authorities across the country.

The Civil Disobedience Movement marked a significant shift in the Indian

nationalist movement, as it encouraged mass participation and showcased the
power of nonviolent resistance. Despite facing repression and arrests by the
British government, the movement propelled the demand for independence to
the forefront of Indian politics and drew international attention to the cause.

∆ Government of India Act, 1935:

The Government of India Act, 1935 was a constitutional reform enacted by the
British Parliament to address growing demands for Indian self-government. It
was the most extensive constitutional proposal made by the British government
up to that point.the Government Act of 1935 was prepared from 4 sources which
were
 Simon Commission report
 Third-round table conference discussions
 The white paper issued in 1933
 The joint select committees‟ report

Key features of the Government of India Act, 1935, included:

1. Provincial Autonomy: The act granted increased autonomy to the

provinces by establishing elected provincial governments with legislative
powers. The provinces were given authority over several areas such as
education, health, public works, and agriculture.
2. Diarchy at the Centre: The act introduced a system of diarchy at the
central level, dividing powers between the Governor-General and his
Executive Council, consisting of both Indian and British members. Some
subjects were reserved and remained under the control of the
Governor-General, while others were transferred and handled by the
elected Indian ministers.
 3. Bicameral Legislature: The act provided for a bicameral legislature,
consisting of two houses the Federal Assembly and the Council of States.
The Federal Assembly, also known as the Central Legislative Assembly,
had members elected through separate electorates and represented
various communities. The Council of States, also known as the Federal
Council, had members primarily nominated by the princely states and
other sources.
4. Federal Court: The act established a Federal Court in India, which served
as the highest court of appeal in the country, dealing with both federal
and provincial matters. The Federal Court consisted of a Chief Justice
and other judges appointed by the Crown.
5. Indian Council: The act retained the Indian Council as an advisory body,
but its powers were significantly reduced. The council's role was mainly
consultative, providing suggestions to the Governor-General.
6. Franchise: The act expanded the franchise and introduced limited
democratic reforms. However, the right to vote was still subject to various
restrictions, including property qualifications and educational
qualifications. The electorate was still not universal.
7. Reorganisation: The act included provisions for the reorganisation of
provinces and the creation of new provinces or states. It allowed for the
redrawing of boundaries and the transfer of territories between provinces
to address regional and administrative concerns.

Failure of Government of India Act 1935

 The Govt of India Act 1935 provides so many non-mandatory powers to
the Governors and Governor-General.
 There was a fundamental flaw in the proposed formation of the
federation.
 As a result, the legislation was unable to provide individuals with
constitutional flexibility.
 The act did not provide a proper federal structure because most of the
powers were withheld by the Governor-General.
 These points were majorly responsible for the failure of this act, and
became an obstruction in the path to success.

Thus, It's important to note that the Government of India Act, 1935, did not fully
come into effect as it was largely set aside due to the outbreak of World War II.
However, it served as a significant milestone in the constitutional evolution of
India.

https://youtube.com/@legal_hustlers