Constitutional Development (1861-1919) – Modern History Notes

During the pivotal period spanning from 1861 to 1919, the canvas of modern history witnessed a transformative evolution in constitutional development. This era marked a profound shift in the political landscape, particularly in nations grappling with the challenges of societal restructuring and political upheaval. As the world navigated through the turbulence of the late 19th and early 20th centuries, constitutional frameworks became a focal point for nations striving to adapt to changing circumstances and assert their identity. This epoch was characterized by the emergence of constitutional reforms, constitutionalism, and the quest for representative governance, each contributing significantly to the shaping of the political destiny of numerous countries. The journey from 1861 to 1919 encapsulates a dynamic period of constitutional experimentation and the crystallization of fundamental principles that laid the foundation for the modern constitutional order.

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Indian Councils Act 1861

The Indian Councils Act (1861) was enacted by the British Parliament on August 1, 1861, to modify the composition of the Governor General’s council to serve both executive and legislative functions. One significant aspect of this Act was the inclusion of Indians in the legislative process. The Indian Councils Act of 1861 holds great significance in India’s constitutional and political history.

The Indian Councils Act (1861) – Historical Background

After the uprising of 1857, known as the Great Revolt, the British Empire recognized the pressing need to involve Indian subjects in the governance of India. To pursue this policy of association, three acts were passed in 1861, 1892, and 1909. Among these, the Indian Councils Act of 1861 holds significant importance in India’s constitutional and political history.

The Indian Councils Act (1861) – Reasons for Enactment

The Government of India Act of 1858 brought about important changes in the governance of India by the British, but it did not introduce substantial alterations to the Indian governmental system. However, following the 1857 Mutiny, there was a widespread belief in England that establishing a government in India without the participation of Indians in the administration would be highly challenging.
Under the 1833 Charter Act, the legislative process was centralized, with only one representative per province. However, this system failed to pass legislation that catered to the specific needs of the people. The Governor General in Council faced challenges in fulfilling their legislative responsibilities effectively due to lengthy procedures that caused significant delays in enacting laws.

The Indian Councils Act (1861) – Provisions

The Indian Councils Act of 1861 introduced a trend of decentralization by restoring legislative powers to the Bombay and Madras presidencies. This marked a reversal of the centralizing trends that began with the Regulating Act of 1773 and culminated with the Charter Act of 1833.
This act paved the way for legislative devolution and granted almost complete internal autonomy to the provinces in 1937. It marked a new beginning for representative institutions by involving Indians in the law-making process.
The Act allowed the Viceroy to nominate certain Indian members to his extended council. Subsequently, three Indians—the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao—were included in the 1862 Legislative Council.
The Act specified that bills related to public revenue, debt, military, religion, or foreign affairs could not be passed without the approval of the Governor-General. The Viceroy had the authority to overrule the council if necessary. During emergencies, the Governor-General could issue ordinances without the council’s approval, and these ordinances remained valid for six months.
Furthermore, the Act provided for the establishment of legislative councils for Bengal, the North-Western Frontier Province, and Punjab. It empowered the Viceroy to make rules and orders for the more efficient conduct of business in the council.
The Act recognized the Portfolio System, introduced by Lord Canning in 1859, which assigned a member of the Viceroy’s Council to be in charge of one or more government departments. The designated council member had the authority to issue final orders on behalf of the council regarding matters within their respective department.
Additionally, the Act granted the Viceroy the power to issue ordinances during emergencies without the consent of the Legislative Council. These ordinances remained valid for six months.

The Indian Councils Act (1861) – Significance

The Indian Councils Act of 1861 marks a pivotal moment in India’s constitutional and political history. It brought about significant changes to the structure of the Governor General’s council, serving both executive and legislative functions.
The Act’s most notable significance lies in its inclusion of Indians in the legislative process, initiating a fresh beginning for representative institutions in India.

The Indian Councils Act (1861) – Limitations

Despite its importance, the Act had certain limitations and defects:

Limited Role of Legislative Council:

The Legislative Council had a predominantly advisory role and lacked authority over financial decisions.
Uncertain Criteria for Indian Inclusion: While Indians were allowed to be elected, there were no clear official criteria or requirements for their inclusion in the councils.

Delegation of Legislative Powers: The Act allowed the delegation of legislative powers to the presidents of Bombay and Madras, which affected the allocation of administrative positions.

Absolute Power of Governor-General: The Act still vested the Governor-General with significant powers, leading to an imbalance of authority.

Overall, the Indian Councils Act of 1861 was a significant step in India’s political evolution, but it had certain limitations that affected its effectiveness and inclusivity.
In conclusion, the Indian Councils Act of 1861 holds great significance in India’s constitutional and political history. It brought about crucial changes to the structure of the Governor General’s council, impacting both executive and legislative functions. The Act’s most notable feature was the inclusion of Indians in the legislative process, marking a significant step towards representative institutions. Additionally, it paved the way for the establishment of legislative councils in Bengal, the North-Western Frontier Province, and Punjab, further expanding the scope of Indian participation in governance. Overall, the Indian Councils Act of 1861 played a pivotal role in shaping India’s political landscape.

Indian Councils Act 1892

The Indian Councils Act of 1892 was enacted with the primary goal of expanding the size of the legislative councils in India, thereby increasing the involvement of Indians in the administration of British India. This act gained particular significance following the establishment of the Indian National Congress. It marked a significant milestone in India’s constitutional and political history, as it aimed to enhance Indian participation and representation within the legislative councils.

The Indian Councils Act of 1892 – Historical Background

Following the upheaval of the Great Revolt of 1857, the British Empire recognized the need to engage its Indian subjects in the administration of India. Additionally, the rise of nationalism among Indians led to a growing awareness of their rights and aspirations. The Indian Councils Act of 1892 holds significant importance in India’s constitutional and political history, especially considering the establishment of the Indian National Congress.
After the enactment of the Indian Councils Act of 1861, the growth of the Indian constitution can be understood as a narrative of political discontent and agitation, punctuated by Council Reforms. Reforms, although reluctantly accepted, were consistently deemed inadequate, leading to dissatisfaction and demands for further changes.
Driven by a sense of nationalism, the Indian National Congress presented a series of demands to the British government after its formation in 1885. These demands were discussed during the 1885-1889 sessions of the Indian National Congress. The primary demands included:
- Simultaneous ICS Test: The Indian Civil Service (ICS) examination was to be held both in England and India, ensuring a fair opportunity for Indian candidates.
- Reforms to Legislative Council: The adoption of an election-based system instead of nomination for the legislative council was demanded.
- Opposition to Upper Burma Annexation: The Congress opposed the annexation of Upper Burma by the British Empire.
- Reduction in Military Expenditure: There was a demand for reducing military spending.
- Access to Previously Forbidden Financial Matters: Congress sought the ability to discuss financial matters that were previously prohibited.
Lord Dufferin, the Viceroy at that time, appointed a commission to investigate the situation. On the other hand, the Secretary of State was against direct elections but agreed to indirect electoral representation.
The Indian Councils Act of 1892 had the objective of increasing the size of various legislative councils in India, thereby enhancing the engagement of Indians in the administration of British India.

The act introduced several key provisions:

Increased Number of Non-Official Members: The act raised the number of non-official members in the Central and Provincial Legislative Councils while maintaining the official majority. The specific numbers varied among different provinces.
Nomination of Council Members: The act clarified that council members were appointed as nominees of the Governor-General and not as representatives of any Indian body.
Debate and Discussion: Members were allowed to debate the budget but did not have the power to vote on it. They were also prohibited from asking follow-up questions. Elected members, however, could discuss official and internal matters.
Indirect Election System: An indirect election system was introduced to elect members of the councils. Universities, district boards, municipalities, zamindars, and chambers of commerce could recommend members for provincial councils.
Increased Powers of Provincial Councils: Provincial legislative councils were granted more powers, including the ability to propose new laws or repeal existing ones with the Governor-General’s assent.

Indian Councils Act 1892 – Significance

First Step Towards a Representative System: The act marked the initial step towards a representative system of government in contemporary India. It introduced the concept of increased Indian representation in legislative councils, setting the stage for further reforms.
Increased Indian Participation: The act led to an increase in the number of Indians serving in legislative councils. This was seen as a positive development, as it allowed for a more diverse range of voices and perspectives to be represented in the decision-making process.
Recognition of Indian Opinions: Although Indians did not possess the power to veto the majority, their opinions were given a platform to be heard. This recognition of Indian perspectives was an important milestone in the journey towards greater Indian involvement in the governance of British India.
Principle of Election and Open Discussion: The acceptance of the principle of election in 1892 allowed non-official members to engage in free and open discussions on the government’s financial strategies. This provided an opportunity for the administration to address misconceptions and respond to criticism, leading to a more transparent and accountable governance process.
Authority to Issue Interpellations: The act granted members of the council the authority to raise interpellations on matters of public concern. This empowered council members to bring attention to pressing issues and hold the government accountable for its actions.
Overall, the Indian Councils Act of 1892 played a significant role in shaping the trajectory of India’s political development. It laid the foundation for increased representation, open discussions, and the recognition of Indian voices, setting the stage for further reforms in the future.

The Indian Council Act 1892 – Limitations

The Indian Councils Act of 1892 had certain limitations, which impacted its effectiveness and failed to address the aspirations of the common people. These limitations include:
- Limited Benefits to the Common Man: Despite being considered a step towards a representative government, the act did not provide substantial benefits or address the immediate concerns of the common people. The provisions of the act primarily focused on increasing Indian representation in legislative councils but did not address pressing socio-economic issues or empower the masses.
- Minor Concession by the British: The act was seen by many as a minor concession by the British rather than a transformative reform. It fell short of meeting the growing demands for self-governance and broader political rights of Indians. This perception of limited progress created frustration among Indian nationalists and fuelled the development of revolutionary forces seeking more radical measures against British rule.
- Criticism of Congress Strategy: Some prominent leaders, including Bal Gangadhar Tilak, criticized the moderate approach of the Indian National Congress, which relied on petitions and persuasion. They argued that such a strategy had failed to bring about significant progress and called for a more assertive and confrontational policy against British rule. This criticism reflected a growing dissatisfaction with the limited impact of the Indian Councils Act and the need for more decisive action.
- Overall, while the Indian Councils Act of 1892 represented a step towards political representation, it fell short of addressing the immediate concerns of the common people and satisfying the aspirations of Indian nationalists. The act’s limitations contributed to the emergence of revolutionary forces and called for more assertive strategies to challenge British rule.
In conclusion, the Indian Councils Act of 1892 holds importance as a significant step in India’s constitutional and political history. It aimed to increase Indian engagement in the administration of British India by expanding the size of legislative councils. However, the act had limitations and provided limited benefits to the common man, leading to the development of revolutionary forces in India. Despite its shortcomings, the act set the stage for further political developments and marked the beginning of the journey towards a representative government in modern India.

Frequently Asked Questions (FAQs)

Q1: What were the main features of the Government of India Act 1858 and how did it impact constitutional development?

Answer: The Government of India Act 1858 marked a significant shift in the constitutional landscape. It transferred the powers of the East India Company to the British Crown, leading to the establishment of direct British rule in India. The act introduced a Secretary of State for India and a Council of India to assist in the governance of the country. However, the act did not provide for Indian representation in these bodies, and the administration remained largely centralized in British hands. This marked the beginning of constitutional reforms in response to the changing political and social landscape in India.

Q2: What were the major provisions of the Indian Councils Act of 1861 and how did it contribute to constitutional development?

Answer: The Indian Councils Act of 1861 was a significant step towards constitutional development. It expanded the legislative councils by allowing the Viceroy to nominate non-official members. Although the majority of the members were officials, the inclusion of non-official members laid the foundation for future representative government. This act also granted the legislative councils the power to discuss budgets and make recommendations, fostering a limited form of parliamentary activity in India.

Q3: How did the Morley-Minto Reforms of 1909 impact constitutional development in India?

Answer: The Morley-Minto Reforms of 1909 marked a crucial phase in constitutional development. These reforms introduced a limited form of representative government by increasing the number of elected Indian members in the legislative councils. Separate electorates were also introduced for Muslims, acknowledging communal representation. While the reforms were a step towards political participation, they fell short of providing full self-governance and were criticized for maintaining a significant level of official control. The Morley-Minto Reforms set the stage for more extensive constitutional reforms in the subsequent years, as India moved towards greater political awareness and demands for self-rule.

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