Explore the key constitutional developments in India from 1861 to 1947, including major acts and reforms such as the Indian Councils Acts, Morley-Minto Reforms, and the Government of India Act, 1935.
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Constitutional Developments from 1861 to 1947
Indian Councils Act, 1861
Representation of Non-Officials: Introduced the principle of including non-officials in legislative bodies.
Legislation Process: Laws required deliberation and could only be changed through the same process.
Portfolio System: Introduced by Lord Canning, laying the foundations for cabinet government in India.
Legislative Devolution: Legislative powers were vested in the Governments of Bombay and Madras, setting the foundation for legislative devolution.
Limitations: The councils had no real powers, couldn't discuss important matters without government approval, had no budget control, and required the viceroy’s and secretary of state’s approval for laws.
Indian Councils Act, 1892
Congress Demand: The Indian National Congress sought reform of the councils, leading to the expansion of legislative councils.
Increased Representation: The number of non-official members increased, with recommendations from universities, district boards, municipalities, and other bodies.
Indirect Elections: Introduced the principle of representation, though the term 'election' was avoided.
Legislature Rights: Members could express views on financial statements and ask questions on public matters with prior notice.
Indian Councils Act, 1909 (Morley-Minto Reforms)
Introduction of Representation: Attempted to bring a representative element into governance.
Indian Executive Council: An Indian was included for the first time in the Executive Council of the Governor-General.
Separate Electorates: Introduced separate electorates for Muslims, with representation exceeding their population and lower income qualifications.
Indirect Election: System of election remained very indirect, keeping representation remote and unreal.
Government of India Act, 1919 (Montague-Chelmsford Reforms)
Bicameral System: Introduced a Council of State and a Legislative Assembly at the Centre with a majority of directly elected members.
Communal Representation: Extended separate electorates for Sikhs, Christians, and Anglo-Indians.
Dyarchy in Provinces: A step towards transferring power to Indian people; introduced a separation of provincial and central budgets.
High Commissioner for India: Appointed in London to oversee Indian trade in Europe.
Limited Power: Though some administrative experience was gained, the demand for responsible government was not fulfilled.
Simon Commission (1927)
Royal Commission: Appointed to review the working of the 1919 Act, recommending the abolition of dyarchy, extension of responsible government, and continuation of communal electorates.
Round Table Conferences: Held to consider the commission’s proposals, leading to the Government of India Act of 1935.
Government of India Act, 1935
All-India Federation: Proposed a federation of British India and Princely States, with provinces given autonomy.
Bicameral Legislature: Introduced a Federal Legislature with two chambers—Council of States and Federal Legislative Assembly.
Provincial Autonomy: Abolished dyarchy in provinces, granting them full responsible government with independent financial powers.
Communal Electorates Extended: Included depressed classes, women, and labor.
Federal Court: Established with powers to interpret the Act and settle disputes, though the Privy Council in London had dominance.
Opposition: The Act was condemned and rejected by the Congress, which demanded a Constituent Assembly to frame a constitution for independent India.
Developments Post-1935
Further Proposals and Plans: Included the August Offer (1940), Cripps Proposals (1942), C.R. Formula (1944), Wavell Plan (1945), and Cabinet Mission.
Indian Independence Act, 1947: Culminated in the partition and independence of India.
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