The Constitutional Development of India

The Indian Councils Act of 1892 was passed against the backdrop of rising political awareness and nationalist sentiment in India in the late nineteenth century. The formation of the Indian National Congress in 1885 was a pivotal moment, giving educated Indians a platform to demand greater political rights and participation in government. The Congress saw reforming legislative councils as critical to larger political change.

• In response to these demands, the British government passed the Act of 1892, which was introduced by Lord Cross, Secretary of State for India.
• The Act increased the number of non-official members of legislative councils, aiming to appear progressive while maintaining British control.
• This expansion was designed to appease Indian leaders while not undermining British authority.

The backdrop to the Morley Minto Reforms was a period of heightened political activity and unrest in India. The late 19th and early 20th centuries saw the rise of Indian nationalism, with the Indian National Congress, founded in 1885, leading the charge for more significant Indian participation in governance.

• Partition of Bengal: The partition of Bengal in 1905 sparked widespread protests and a surge in nationalist sentiment, which the Indian National Congress backed. To maintain their rule, the British government recognised the importance of addressing the growing demands for self-government.
• Shimla Deputation: In October 1906, a group of Muslim elites known as the Simla Deputation, led by the Agha Khan, met with Lord Minto and demanded separate electorates for Muslims and representation above their numerical strength in light of 'the value of the contribution' Muslims were making 'to the defence of the empire".
• Gokhale's Visit to England: Gopal Krishna Gokhale also travelled to England to meet with Secretary of State for India John Morley and present Congress' demands for a self-governing system similar to that of the other British colonies.
• Finalisation of Reform: The viceroy, Lord Minto, and the Secretary of State for India, John Morley, agreed that some reforms were needed to appease both the Moderates and the Muslims. They devised a set of measures known as the Morley-Minto (or Minto-Morley) Reforms, which were incorporated into the Indian Councils Act of 1909.

• Partition of Bengal: The partition of Bengal in 1905 sparked widespread protests and a surge in nationalist sentiment, which the Indian National Congress backed. To maintain their rule, the British government recognised the importance of addressing the growing demands for self-government.
• Shimla Deputation: In October 1906, a group of Muslim elites known as the Simla Deputation, led by the Agha Khan, met with Lord Minto and demanded separate electorates for Muslims and representation above their numerical strength in light of 'the value of the contribution' Muslims were making 'to the defence of the empire".
• Gokhale's Visit to England: Gopal Krishna Gokhale also travelled to England to meet with Secretary of State for India John Morley and present Congress' demands for a self-governing system similar to that of the other British colonies.
• Finalisation of Reform: The viceroy, Lord Minto, and the Secretary of State for India, John Morley, agreed that some reforms were needed to appease both the Moderates and the Muslims. They devised a set of measures known as the Morley-Minto (or Minto-Morley) Reforms, which were incorporated into the Indian Councils Act of 1909.

Government of India Act, 1935 - Background
1. There was a growing demand for constitutional reforms in india by Indian leaders.
2. India's support to Britain in the First World War also aided in British acknowledgement of the need for the inclusion of more Indians in the administration of their own country.
3. The Act was based on:
∗ Simon Commission Report
∗ The recommendations of the Round Table Conferences
∗The White Paper published by the British government in 1933 (based on the Third Round Table Conference)
∗Report of the Joint Select Committees.

Government of India Act, 1935 - Background
1. There was a growing demand for constitutional reforms in india by Indian leaders.
2. India's support to Britain in the First World War also aided in British acknowledgement of the need for the inclusion of more Indians in the administration of their own country.
3. The Act was based on:

• Simon Commission Report
• The recommendations of the Round Table Conferences
• The White Paper published by the British government in 1933 (based on the Third Round Table Conference)
• Report of the Joint Select Committees.

(i) Dyarchy was introduced at the Central level. Provincial Dyarchy, as envisaged in the Government of India Act, 1919, was abolished. Central subjects were divided into-Reserved and Transferred subjects.

(ii) The Government of India Act, 1935 proposed to set up All India Federation comprising of the British India Provinces and the Princely States.

(iii) The supremacy of the British Parliament remained in Act under the Government of India Act, 1935.

(iv) Burma was separated from India with effect from April, 1937

(V) The Government of India Act, 1935 abolished the Council of the Secretary of State for India, which was created in 1858.

(vi) The Federal Court of India was established on 1 October, 1937, Sir Maurice Gwyer was its first Chief Justice.

(vii) The Central Federal Bank was established under this Act which was later known as the Reserve Bank of India (RBI)

(i) Dyarchy was introduced at the Central level. Provincial Dyarchy, as envisaged in the Government of India Act, 1919, was abolished. Central subjects were divided into-Reserved and Transferred subjects.

(ii) The Government of India Act, 1935 proposed to set up All India Federation comprising of the British India Provinces and the Princely States.

(iii) The supremacy of the British Parliament remained in Act under the Government of India Act, 1935.

(iv) Burma was separated from India with effect from April, 1937

(V) The Government of India Act, 1935 abolished the Council of the Secretary of State for India, which was created in 1858.

(vi) The Federal Court of India was established on 1 October, 1937, Sir Maurice Gwyer was its first Chief Justice.

(vii) The Central Federal Bank was established under this Act which was later known as the Reserve Bank of India (RBI)

This Act provided for the introduction of a dual form of Government in provinces known as Dyarchy. The Subjects of administration were divided into two categories - Reserved and Transferred.

Reserved subjects were kept under provincial governors and their executive council, while transferred subjects were kept under ministers responsible to the provincial legislature. The distribution of powers between Centre and provinces was done in the form of Federal and Provincial subjects.

As far as the question of a separate electoral system for Muslims is concerned, the provision had already been made by the Act of 1909. The Government of India Act, 1919 continued this provision and also extended it to Sikhs, Europeans, Indian-Christians, and Anglo-Indians.

Comparatively important subjects (reserved subjects) such as police, jail, justice, finance and irrigation were to be administered by the governor and his executive council without being responsible to the legislative council.

Subjects of lesser importance (transferred subjects) such as education, agriculture, local self-government etc., were to be administered by the governor with the aid of ministers responsible to the legislative council.

The subjects included under Reserved List are Judicial Administration, press, Land-Revenues, Forests, Water, Labour Disputes Settlement, Agriculture Loans, Police and Prisons. Thus, option (c) is correct.