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  • The Indian Independence Act 1947 – legal history

    The Indian Independence Act 1947 – legal history

    The United Kingdom’s Parliament passed the 1947 Indian Independence Act, which partitioned British India into two new independent republics, India and Pakistan. On July 18, 1947, the Act received Royal Assent, and on August 15, 1947, India and Pakistan were founded, with the West (modern-day Pakistan) and East (modern-day Bangladesh) territories.

    Historical Background of the Indian Independence Act 1947

    • Attlee’s Proclamation Clement Attlee’s Labour government drafted the legislation. It is entirely based on the Mountbatten Plan, also known as the 3rd June Plan, which was developed after the leaders of the Indian National Congress and the Muslim League agreed to Viceroy Lord Mountbatten’s ideas.
    • On 20 February 1947, the Prime Minister of the United Kingdom announced that the British Government will provide self-government to British India by June 1948 at the latest.
    • 3 June Plan: This was also known as the Mountbatten Plan.
    • The British authorities proposed a plan introduced on three June 1947 that The Indian Independence Act 1947 turned into the implementation of the 3rd June Plan. The Act determined that India and Pakistan would get independence on August 15, 1947.
    • The Boundary Commission might draw the new boundaries of the dominions. The British suzerainty over the princely states ended. These states must decide whether to join both India and Pakistan or to remain independent. Over 560 states are adamant in joining India.

    Provisions of the Indian Independence Act 1947

    • On August 15, 1947, British authority fled India.
    • India will be partitioned into two independent provinces, India and Pakistan, with each state becoming sovereign on this day.
    • The powers previously wielded by British authority in India might be handed to each of those states.
    • Punjab and Bengal will be partitioned, and their borders will be drawn by a commission led by Mr. Redcliff.
    • The position of Secretary of State for India will be abolished.
    • The Queen of England was to appoint a Governor-General for each territory, who would be selected by the Queen of England on the exhoration of the Dominion/government. He was not to act on his own discretion or judgement, but only as the constitutional head of the state.
    • To establish the regulations, each Domain must have its own legislature. No British Parliament Act will automatically apply to India.
    • Both countries will have a Constituent Assembly that will also function as a legislative body.
    • It will follow the 1935 Act as closely as practicable until a Constitution is drafted by a Constituent Assembly in any dominion.
    • Provincial governors will serve as the provinces’ constitutional heads.
    •  The practise of reserving Secretary of State positions should be abandoned. Government employees who wish to quit following the transfer of authority to both dominions must do so.
    • The British rule over India’s states and tribal regions will end on August 15, 1947. In this instance. Power will not be passed to dominions, but rather to states, who will decide whether to join India or Pakistan.
    • The UK government’s connection with India will now be controlled by the Office of Commonwealth Affairs.
    • The title of King and Emperor of India was surrendered by the King of England.
    • East Bengal, West Pakistan, Sindh, and British Baluchistan are all Pakistani areas. If the NWFP votes in a referendum to join Pakistan, this territory will also join Pakistan.

    Impact of the Indian Independence Act 1947

    The Indian Independence Act of 1947 was a watershed moment in constitutional history. It was “the accomplishment of the British mission” in India, as Attlee described it. “the conclusion of a protracted series of events”

    In the House of Lords, Lord Samuel described the Law as “a peace treaty without war.” Even Indian authorities applauded the passage of this Act. Dr. Rajendra Prasad, for example, stated that British dominion over India ends today and that our relationship with the UK will be maintained on the basis of equality, kindness, and mutual understanding.

    The law signalled the start of a new period of free India, although many people and leaders were dissatisfied with it. As Maulana Abul Kalam Azad commented: “August 14 for Muslims in Pakistan is a day for Hindus and Sikhs, it is a day of mourning. The termination of British authority over Indian states, whether through accession to the Dominion or independence, poses a severe threat to the unity of the states in India,Nation.

    Despite these flaws, it is impossible to deny that the Indian Independence Act of 1947 signified the end of British control in India and the beginning of a free India.

    Conclusion

    The Indian Independence Act of 1947 was a significant moment in constitutional history. The law heralded the start of a new period of freedom in India, although many people were dissatisfied with it. Despite these flaws, it is impossible to deny that the Act effectively ended British rule in India.

    Related Post

    Refrences Book

    • M.P. Jain, Outlines of India Legal History
    • M. Rama Jois, Legal and Constitutional History of India
    • A.B. Keith, Constitutional History of India
    • V.D. Kulshrestha, Landmarks in Indian Legal History
    • Rankin G.C. Background to Indian Law
    • Indian legal and constitutional history by Dr. N. V. Paranjape

    Sources

    1. https://www.legalserviceindia.com
  • Indian Council act 1861 and 1892 – legal history

    Indian Council act 1861 and 1892 – legal history

    Causes for the act’s emergence

    On the question of the income tax bill, there is a disagreement between the supreme government and the government of Madras. Doubts raised about the legality of laws introduced in non-regulation provinces without legislative council approval.

    Provisions of the Indian Council act 1861

    Following are the maIn Provisions of the Indian Council act 1861

    1. Provisions relating to central executive

    The act enlarged the executive council of governor general.

    Members of Council–

    • Three people who had served in India for ten years, either for the firm or for the crown.
    • At least one member must be a five-year lawyer or advocate.
    • One should be the commander in chief (appointed by the secretary of state for inglia).
    • The act gave the governor general the authority to set commercial rules and regulations.

    In the absence of the governor general from headquarters, the governor general council may appoint a president in council with all of the governor general’s powers. In matters of safety and the interests of British possession of India, the Governor General had the authority to overrule the majority in the council. The governor general might also create new provinces and divide or change the boundaries of existing presidency or province. Governor general in council may authorise the governor general to execute all or some of the governor general’s powers, excluding those relating to laws and regulations.

    2. Provisions relating to-central legislature

    The governor general in council was expanded into a central legislative council for legislative purposes. It is made of of at least six and up to twelve members appointed by the governor general. Their term would be two years, with half of them serving as non-officials. The new legislative council’s functions were strictly limited to legislation.

    The Legislative Council was to make laws for British India, but laws pertaining to public revenue, religion, army, navy, or foreign affairs were not to be submitted without the governor general’s previous approval. The Governor General in Council had the authority to abolish, amend, or change any laws or regulations pertaining to British India.

    3. Provisions relating to provincial legislature

    The Indian Council Act of 1861 restored the administration of Madras and Bombay’s powers of making and amending laws. The council of governors of Madras and Bombay was expanded for legislative purposes with the addition of an advocate general and a few more members. These members might attend and vote in governor and council meetings held for the purpose of establishing laws. The governor’s approval was required for laws to be valid.

    However, provincial legislatures were not authorised to examine any laws pertaining to the army, foreign affairs, political affairs, currencies, patents, copyright, and so on.

    Without the prior approval of the governor general. Later, the governor general was given the power to form a legislative council for Bengal, as well as for the northwestern provinces and Punjab. The act enabled the governor general to create new provinces as needed for legislative purposes and to appoint new lieutenant governors.

    The Indian Councils Act of 1892

    The Indian Councils Act of 1892 attempted to expand public opinion representation in India by raising the number of additional and non-official members on the Central Council. There were to be 10 to 16 extra members in the Supreme Legislative Council. The number of additional members in Provincial Councils was increased to a maximum of 20 in Madras and Bombay and 15 in other Councils.

    While the Governor General and the Governor concerned were to nominate the additional members, the Act left it to the Governor-General in Council to determine the terms under which the nominations were to be made.

    The Act of 1892 further expanded the scope of the Legislative Councils’ activities, allowing them to ask questions but subject to certain constraints aimed to reduce trouble to the government. The budget could be discussed, but no resolution could be submitted and no division could be requested. As a result, the Act of 1892 removed some of the limits placed by the Act of 1861 on Legislative Council proceedings.

    Related Post | Indian Council act 1861 and 1892

    What are the major Provisions of the Indian Council act 1861 ?

    1. Provisions relating to central executive,
    2. Provisions relating to-central legislature,
    3. Provisions relating to provincial legislature.

    Refrences Book

    • M. Rama Jois, Legal and Constitutional History of India
    • M.P. Jain, Outlines of India Legal History
    • A.B. Keith, Constitutional History of India
    • Indian legal and constitutional history by Dr. N. V. Paranjape
    • Rankin G.C. Background to Indian Law
    • V.D. Kulshrestha, Landmarks in Indian Legal History

    Sources

    1. https://www.worldcat.org
  • The Government of India Act 1935 – Legal history

    The Government of India Act 1935 – Legal history

    There was a growing demand for constitutional reforms in india by indian leaders. India’s support for Britain during World War I also increased British recognition of the need for more Indians to be involved in the government of their own country.

    The Government of India Act, 1935 was based on the facts and considerations of several experiences and outcomes, including the Simon Commission report, round table conference recommendations, the British government’s white paper published in 1933 (based on the third round table conference), and the report of the joint select committees.the introduction of the diarchy system, introduced by the government of india act. 1919, also did not prove to be a satisfactory experiment by the british parliament.

    brief highlights of the events and causes leading to the enactment of the government of india act,1935:

    a. Simon Commission Report: The Simon Commission was a group of seven British parliamentarians sent to India in 1928 to explore constitutional issues and give recommendations to the government. Originally known as the Indian Statutory Commission, the Simon Commission was named after its head, Sir Iohn Simon.

    b. round table conferences: In 1929, the Labour Party-led government led by Ramsay Macdonald found the Simon Report insufficient. In reaction to the Simon Report, it was decided to hold round table conferences in London. The round table conferences were a series of three conferences held by the Labour Party-led British government in 1930-32 to discuss and implement constitutional reforms in British India.

    c. white paper– The conference’s suggestions were published in a white paper in 1933 and afterwards debated in the British parliament. Based on the white paper produced at the third round table conference.

    Introduction of the government of india act 1935

    The British Parliament enacted the Government of India Act in August 1935, and it went into effect in 1937. At the time, it was the longest act passed by the British Parliament. The two houses of the British parliament were established based on a report by a joint select committee led by Lord Linlithgow. The report, in turn, was the outcome of the joint committee’s examination of the British government’s ‘white paper’—a programme of constitutional proposals—prepared shortly after the round table talks.

    Salient features of the government of india act 1935

    the features of the act can be summed up as follows:

    i. division of subjects/all india federation: it provided for the establishment of an all india federation consisting of provinces and princely states as units. The act divided powers between the centre and units into three lists: the federal list (for the centre, which contained 59 things), the provincial list (for provinces, which contained 54 items), and the concurrent list (for both containing 36 items). The viceroy was given residuary powers. The federation, however, never materialised because the princely states refused to join it. However, this became the basis of Schedule VII of the Indian Constitution of 1950.

    ii. Provincial autonomy: It abolished diarchy in the provinces and replaced it with ‘provincial autonomy,’ allowing provinces to function as autonomous units of administration within their established boundaries. Furthermore, the act established responsible governments in provinces, which compelled the governor to act on the advice of ministers accountable to the provincial legislature. This was implemented in 1937 but was later repealed in 1939.

    iii.Bicameralism: It established bicameralism in six of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces were made bicameral, with a legislative council (upper house) and a legislative assembly (lower house).

    The central legislature was bicameral under the Government of India Act of 1935, consisting of the federal assembly and the council of states. The council of states was supposed to be the upper house and a permanent body, with one-third of its members retiring every third year. It was to be made up of 260 members, with 156 representing British India and 104 representing Indian states. The lower house was the federal assembly, which had a five-year term.it was to be made of 375 members, out of which 250 were to be representatives of british india and not more than 125 members from the princely states

    iv. Diarchy at the centre: it provided for the adoption of diarchy at the centre. As a result, federal topics were separated into reserved and transferred subjects. However, this act’s provision did not go into effect at all.

    Other Features:

    5.It dissolved the Council of India, which had been constituted by the Government of India Act of 1858. A team of advisors was assembled for India’s Secretary of State.

    6. It provided for the establishment of a reserve bank of India to oversee the country’s currency and credit regulation.

    7. The franchise (voting rights) was increased from 3% to 14% of the population.

    8. It also established a federal public service commission, a provincial public service commission, and a joint public service commission for two or more provinces.

    9.it called for the establishment of a federal court, which was established in 1937 and continued to function until the establishment of the Supreme Court of India following India’s independence (1950).

    10. A federal railway authority was set up to control indian railways.

    Significance of The government of India Act 1935

    After the Act of 1919, the Government of India Act of 1935 was the second milestone toward a fully accountable government in India. This statute was enacted by the British government in 1935. It was one of the longest acts at the time, with 321 sections and 10 schedules. It was also the last constitution of British India before the country was divided into India and Pakistan in 1947. After the act was passed, the government realised that it was too long to be regulated efficiently, so it decided to divide it into two pieces so that the act could work properly.

    Conclusion

    The Government of India Act of 1935 was a great step toward India’s independence and aided in the reorganisation of the states. It laid the groundwork for the Indian Independence Act of 1947. The British enacted this Act in order to gain the support of modern nationalists and to maintain continuity in their reign over India’s dominion. However, the Act was mostly disappointing because it did not provide assurances regarding giving Dominion Status and did not sensitively reflect the views and desires of the politically conscious Indian public. It also stated nothing about people’s fundamental rights.

    It merely demonstrated the British Government’s dominance over the Indians. Despite its flaws, the Act had its own significance because it created a foundation for negotiations between Britishers and Indians for independence. However, the Government of India Act of 1935 provided key aspects that later formed the basis of the current Constitution. In truth, the Government of India Act 1935 is a watershed moment in India’s constitutional history.

    Related Post

    Important Questions

    what was the Simon Commission Report ?

    a. Simon Commission Report: The Simon Commission was a group of seven British parliamentarians sent to India in 1928 to explore constitutional issues and give recommendations to the government. Originally known as the Indian Statutory Commission, the Simon Commission was named after its head, Sir Iohn Simon.

    wha do you mean by white table ?

    white paper– The conference’s suggestions were published in a white paper in 1933 and afterwards debated in the British parliament. Based on the white paper produced at the third round table conference.

    What do you mean by Provincial autonomy ?

    It abolished diarchy in the provinces and replaced it with ‘provincial autonomy,’ allowing provinces to function as autonomous units of administration within their established boundaries. Furthermore, the act established responsible governments in provinces, which compelled the governor to act on the advice of ministers accountable to the provincial legislature. This was implemented in 1937 but was later repealed in 1939.

    Refrences Book

    • M. Rama Jois, Legal and Constitutional History of India
    • M.P. Jain, Outlines of India Legal History
    • Indian legal and constitutional history by Dr. N. V. Paranjape
    • A.B. Keith, Constitutional History of India
    • V.D. Kulshrestha, Landmarks in Indian Legal History
    • Rankin G.C. Background to Indian Law

    Sources

    1. https://ccelms.ap.gov.in
  • Government of India Act 1919 – Legal history

    Government of India Act 1919 – Legal history

    The Montague-Chelmsford Reforms, also known as the Mont-Ford Reforms, were implemented by the British colonial government in India to bring self-rule to the country. Edwin Samuel Montagu and Lord Chelmsford were the names given to these innovations. The former served as Secretary of State for India, while the latter served as Viceroy of India between 1916 and 1921. The reforms took the form of a report known as the Montagu-Chelmsford Report. The Government of India Act 1919 was based on this report, which was presented in 1918. The Act did not satisfy Indian nationalists since they believed that many more reforms were needed for improved governance.

    Montague–Chelmsford Reforms or Govt. of India Act 1919 introduced more changes in the administration of India.

    Principle Features of the Government of India Act 1919

    Provincial government

    Diarchy was introduced in the form of two classes of administrators, namely, executive councillors and ministers. The governor was the province government’s executive head. Subjects were divided into two categories: reserved and transferred. The governor and councillors had a reserve list, and the ministries had a transfer list. Ministers were chosen from among the Legislative Council’s elected members. They had to answer to the legislature, whereas those councillors did not have to answer to the legislature.

    The size of the Legislative Assemblies was increased, with approximately 70% of the members chosen. The Act also provided for class and communal voting. There were certain provisions allowing women to vote, but they were limited in scope. The governor could override the council’s decision. The governorgeneral was the chief executive officer of the federal government. This study proposed a bicameral legislature with two houses: the Legislative Assembly (forerunner of the Lok Sabha) and the Council of States (the precursor to the Rajya Sabha).

    The Viceroy’s Executive Council included of eight members, three of whom were Indians. Although elections were held, suffrage was limited and not universal. Only those who owned property or held office or position were eligible to vote. This Act included a provision for the establishment of a Public Service Commission for the first time.

    Central Government Executive

    The Governor-General was the Chief Executive Officer. There were two administration lists: central and provincial. The provincial list was found under provinces, while the centre was in charge of the central list. Three of the Viceroy’s Executive Council’s eight members were to be Indian. Ordinances could be issued by the Governor-General. He might also ratify laws that had been rejected by the central legislature.

    Assembly

    A bicameral legislature was established with two houses – Vidhan Sabha (forerunner of Lok Sabha) and Council of States (precursor to Rajya Sabha).Legislative Assembly (Lower House) 

    Members of Legislative Assembly:

    Nominated members were nominated by the Governor-General from amongst Anglo-Indians and Indian Christians.The term of the members was 3 years.

    State Council (Upper House) 

    Only male members with a 5-year term are eligible. MLAs can ask questions and vote on specific budget items. Only 25% of the budget was subject to public vote. The rest were unvotable. Before a measure could become law, it had to be passed in both houses. Joint Committees, Joint Conferences, and Joint Sittings were used to break any deadlock between the two Houses.

    Governor General

    Even if both chambers passed a bill, the Governor-assent General’s was required for it to become law. He could enact laws even without the approval of the legislature. He has the authority to prevent a bill from becoming law if he believes it would be damaging to the country’s peace. He was not permitted to allow any question, adjournment motion, or debate in the House. Visit the linked article to learn more about the Governors General of Bengal and India.

    Who could vote?

    Suffrage was limited, and adult suffrage was not universal. Voters have paid Rs.3000 in land revenue, own rental property, or have taxable income. They should have previous Legislative Council experience. They must be senators from a university. They should occupy particular positions in local governments. They must be distinguished in some way. All of this reduces the number of persons who are eligible to vote in modest numbers.

    Indian council

    The council should include at least eight and no more than twelve members. Half of the members should have ten years of public service experience in India. Their contract was for five years. His pay has been increased from £1000 to £1200. The council would have three Indian members.

    Other Salient Features

    For the first time in India, this act provided for the establishment of a Public Service Commission. The Act also stated that after ten years, a statutory commission would be formed to investigate the functioning of the government. As a result, the Simon Commission was formed in 1927. It also established a High Commissioner for India post in London.

    Limitations of the Government of India Act 1919

    The act increased communal and consolidated representation. Suffrage was quite limited. It did not spread to the average person. The governor-general and governors wielded considerable influence to weaken the legislatures at the centre and in the provinces. The allotment of seats for the central assembly was based on the province’s “importance” in the eyes of the British, rather than its population. In 1919, the Rowlatt Acts were passed, severely restricting the press and mobility. Those bills were passed over the unanimous opposition of the Legislative Council’s Indian members. In response, some Indian members quit.

    Drawbacks of the Government of India Act 1919

    Irresponsible Central Government: The Act made no provision for a responsible government at the national level. The spread of communalism was limited by a flawed electoral system and limited suffrage. It supported communalism through a separate electoral system. The number of votes for the central legislature was increased to roughly one and a half million, although India’s population was anticipated to be over 260 million.

    Lack of Administrative Control: The legislature had no control over the Viceroy and his executive council in the Centre. Provincial ministers had no control over finances and bureaucrats; This will cause constant friction between the two. Ministers were frequently not consulted, even on critical topics, and the Governor might consider any matter unique. The governor had limitless powers, including the ability to overturn decisions made by his council and ministers. Almost all key administrative decisions were made by the Governor.

    Inappropriate division of subjects: The subject division in the centre was insufficient. The central legislature was granted limited authority and little financial control. At the provincial level, the split of subjects and parallel administration of two portions was unreasonable and thus impractical.

    Irrigation, finance, police, the press, and justice were all’reserved’.                            

    Consequences of the Government of India Act 1919

    Public reaction: The Congress gathered in a special session in Bombay in August 1918, chaired by Hasan Imam, and deemed the reforms “disappointing” and “unsatisfactory,” instead demanding effective self-government. The Montford reforms were branded “unworthy and forlorn – a sunny morning” by Bal Gangadhar Tilak. Annie Besant thought the reforms “worthy of England’s gift and India not worthy of acceptance”. Veteran Congress stalwarts, led by Surendranath Banerjee, backed the government’s recommendations.

    Encouraged Struggle for Power: This act encouraged the struggle for power among both the Indians and the British. This led to a huge number of communal disturbances, which increased from 1922 to 1927. Except in Madras, the Swaraj Party was created in 1923 and has won a significant number of seats in elections. Others in Bombay and the Central Provinces were able to block the majority of shipments with ministerial pay. As a result, the governors of both provinces were forced to cease the diarchy and assume control of the transferred subjects.

    Enactment of Rowlatt Act: While attempting to pacify the Indians, the Indian government was prepared to repress. The Nationalists were persecuted throughout the war. Terrorists and revolutionaries were pursued, imprisoned, and executed. Many other nationalists, like Maulana Abul Kalam Azad, were also imprisoned. The government therefore opted to arm itself with more powerful forces, going against acknowledged ideals of the rule of law, in order to repress nationalists who refused to accept official reforms.

    In March 1919 it passed the Rowlatt Act, although every Indian member of the Central Legislative Council opposed it. This statute gave the government the authority to imprison anyone in court without a trial or conviction. This act gave the government the authority to suspend the right to habeas corpus, which was the bedrock of British civil freedoms.

    Importance of the Government of India Act 1919

    Awakening among Indians: Indians received classified knowledge about government and became conscious of their responsibilities. This instilled in the Indians a sense of nationalism and awakening, and they set about realising the ideal of Swaraj. Voting Rights Expansion: As constituencies expanded in India, individuals began to realise the necessity of voting. Self-government in the provinces: The Act established provincial self-government in India. The Act delegated administrative power to the people, and administrative pressure from the government was considerably lessened. This readied the Indians for their release. Provincial Administration Responsibilities

    Conclusion

    The 1919 Act did not establish federalism in India. Power is transferred from the centre to the regions via delegation. The Center preserved its capacity to legislate on any topic throughout the country, making it impossible to question the core law’s validity. The Thanedar was empowered to decide whether a specific subject was a central or provincial matter, not the governor-general-in-council. As a result, the overall government structure remained unitary. The Governor-General-in-Council remained the keystone of the entire Constitutional Building.

    Related Post

    what are the Principle Features of the Government of India Act 1919 ?

    1. Provincial government,
    2. Central Government Executive,
    3. Indian council.

    Limitations of the Government of India Act 1919 ?

    The act increased communal and consolidated representation. Suffrage was quite limited. It did not spread to the average person. …….

    what is the Importance of the Government of India Act 1919 ?

    Awakening among Indians: Indians received classified knowledge about government and became conscious of their responsibilities. This instilled in the Indians a sense of nationalism and awakening, and they set about realising the ideal of Swaraj. Voting Rights Expansion: As constituencies expanded in India, individuals began to realise the necessity of voting………..

    Refrences Book

    • Indian legal and constitutional history by Dr. N. V. Paranjape
    • M. Rama Jois, Legal and Constitutional History of India
    • V.D. Kulshrestha, Landmarks in Indian Legal History
    • A.B. Keith, Constitutional History of India
    • M.P. Jain, Outlines of India Legal History
    • Rankin G.C. Background to Indian Law

    Sources

    1. https://advocatetanmoy.com
  • Indian Council Act 1909 – Legal history

    Indian Council Act 1909 – Legal history

    The Indian Council Act 1909 , also known as the Morley Minto Reforms, was passed in 1909. In December 1905, John Morley, an advocate, was appointed as the new Secretary of State. He argued that quick constitutional reforms were required to stem the rising tide of nationalism and anti-British sentiment in India. He discussed this with Viceroy Mr. Minto. As a result, in August 1906, Lord Minto created a committee of his executive council, chaired by Sir A.T. Arundal.

    Arundal committee report – In October of 1906, the Arundal committee submitted their report. The ideas were examined by the Governor General in Council and sent to the Secretary of State. March of 1907. Mr. Morley promptly assembled his council and returned them to the government of India for referral to the local administration to solicit their input. It took a year to learn about the perspectives of local governments and the general population. Finally, in the House of Lords, a brief measure embodying the ideas was tabled. The result was the Indian Council Act of 1909.

    Provisions of the Indian Council Act 1909

    • The Indian Council Act of 1909 increased the size of the central legislative council.
    • the power of the Supreme Legislative Council. This council’s overall membership expanded from 16 to 60, with 32 regular members and 28 appointed officials.
    • Enhanced the size of the province legislative council– The provincial legislative council’s strength was also increased. Members from Bengal, Madras, Bombay, United Provinces, Bihar, and Orissa increased by up to 50, while members from Punjab, Burma, Assam, and Central Provinces increased by up to 30.
    • Introduction of the indirect election system – The ICA of 1909 established the principle of election in the supreme and provincial legislative councils. 27 of the 60 legislative council members were elected from various electorates.
    • Special and separate electorates – This act established separate and special electorates to provide representation to specific classes and committees in order to protect their interests.
    • Preservation of the concept of nomination alongside that of election— Certain members of the supreme legislative council and provincial legislatures were still appointed by nomination.
    • Furthermore, no additional requirements were established for the selection of non-official members.
    • Indians were appointed to the Indian Council and the Viceroy’s Executive Council – For the first time, this act authorised the nomination of Indians to the Indian Council and the Governor General’s Council. Mr. K.C. Gupta, a Hindu civilian, and Syed Hussain Bilgrami, Hyderabad’s principal advisor.
    • Enlargement of provincial executive—The number of members of the executive councils of Bengal, Madras, and Bombay was expanded from two to four under this act. And at least two of them were to be the people. Who had worked for the crown for at least ten years.
    • Expansion of the councils’ functions – This act also enlarged the councils’ functions. The duties of the Supreme Legislative Council and the Local Legislative Council were primarily expanded in three ways:

    a. Discussions of annual financial budget.

    b. Discussion on any matter of general public interest.

    c. Interest and asking of questions.

    Defects of the Indian Council Act 1909

    1. The Morley-Minto reforms did not satisfy Congress leaders. They sought accountable government, while the reform concentrated on expanding native involvement in legislatures.

    2. The creation of separate electorates for Muslims was a key flaw in the reform. This shattered Hindu-Muslim harmony and opened the ground for the country’s split.

    3. Muslims were given a separate electorate as well as a high number of seats that were allocated disproportionally to their population.

    4. The voting process was overly indirect, and there were inequities in the franchise.

    5. The Legislative Councils exercised no authority over the Executives. They acted on their own.

    6. The people of the country demanded self- government whereas the Morley- Minto Reform 1909, gave them benevolent despotism.

    Related Post

    Important Questions

    What is the another name of Indian Council Act 1909 ?

    The Indian Council Act 1909 , also known as the Morley Minto Reforms, was passed in 1909.

    what are the Provisions of the Indian Council Act 1909 ?

    1. The Indian Council Act of 1909 increased the size of the central legislative council.
    2.the power of the Supreme Legislative Council. This council’s overall membership expanded from 16 to 60, with 32 regular members and 28 appointed officials.
    3. Enhanced the size of the province legislative council– The provincial legislative council’s strength was also increased. Members from Bengal, Madras, Bombay, United Provinces, Bihar, and Orissa increased by up to 50, while members from Punjab, Burma, Assam, and Central Provinces increased by up to 30.
    4.Introduction of the indirect election system – The ICA of 1909 established the principle of election in the supreme and provincial legislative councils. 27 of the 60 legislative council members were elected from various electorates……..

    Defects of the Indian Council Act 1909 ?

    1. The Morley-Minto reforms did not satisfy Congress leaders. They sought accountable government, while the reform concentrated on expanding native involvement in legislatures.
    2. The creation of separate electorates for Muslims was a key flaw in the reform. This shattered Hindu-Muslim harmony and opened the ground for the country’s split……….

    Refrences Book

    • M. Rama Jois, Legal and Constitutional History of India
    • M.P. Jain, Outlines of India Legal History
    • Indian legal and constitutional history by Dr. N. V. Paranjape
    • A.B. Keith, Constitutional History of India
    • Rankin G.C. Background to Indian Law
    • V.D. Kulshrestha, Landmarks in Indian Legal History

    Sources

    1. https://www.prexam.com
  • Charter act of 1853 – legal history

    Charter act of 1853 – legal history

    The charter act of 1853 introdused second,third and fourth law commission which are as followings ;

    Second Law Commission | Charter act of 1853

    The second law commission was appointed on november 29, 1853 for a period of 3 years under the chairmanship of sir john romilly. There were seven members in law commission. This commission held its meeting in london till the middle of 1856 and submitted its 4 reports after examining proposals of the first law commission.

    Reports: The second Law commission submitted four reports to the Indian Government. The first report was submitted in 1855, second, third and fourth reports were submitted in 1856.

    First Report: In the first report, the commission submitted a plan for reforms in judiciary and in courts procedure.

    Second Report: In its Second report the commission agreed with the lex-loci report of the first Law commission. It suggested that there must be a substantive civil law for persons in the mofussil who had no law of their own.

    Third and Fourth Report: In these two reports, the commission submitted a plan for the amalgamation of the Supreme Court and Sadar courts and a uniform civil code of procedure and criminal procedure applicable both to the High Court’s to be formed by that amalgamation.

    Codes proposed by second law commission –

    The second law commission submitted four draft codes on civil procedure which were finally introduced as codified civil law under the act of 1859. This code was abolished in 1877 and 1882. Finally the civil procedure code of 1908 enforced throughout the country. The penal code drafted lord macauley in 1837 was revised by sir barnis peacock. Who was one of the members of the second law commission and finally enacted on 1860.

    Third Law Commission | Charter act of 1853

    The third law commission was appointed on december 14, 1861 under the chairmanship of sir john romilly. There were 6 members in this commission.

    Function – the main function of the third law commission was to proceed with the codification of the substantive law in india as suggested by the second law commission in its second report.

    The Third Law Commission submitted 7 reports containing the drafts of proposed laws to the Secretary of State for India.

    First Report: the Commission prepared the draft of the law of succession and inheritance generally applicable to all classes of persons other than Hindus and Muslims, which was enacted as the India Succession Act, 1863.

    Second Report: draft of the law of contracts in general including sale of movable property, indemnity and guarantee

    Third Report: draft of the law of negotiable instruments, viz, promissory notes, bills of exchange and cheques

    Fourth Report: reply to remarks and objections of Government of India in its draft law of contracts contained in its second report.

    Fifth Report: draft of law of evidence

    Sixth Report: draft of transfer of property

    Seventh and last report: revision of the Criminal Procedure Code which had already been enacted into law in 1861.

    Fourth Law Commission | Charter act of 1853

    In 1875, lord salisburry, the secreatary of state for india wrote a letter to the government of india that under the provisions of the indian council act 1861. It was possible to appoint a law commission in india itself.

    He suggested that a team of eminent draftmen could be intrusted the task of preparing the drafts of different branches of the indian law. The govt of india accepted the proposal and proposed certain laws to be considered for the codification.

    They included trust, easement, master and servants, transfer of immoveable property and negotiable instruments. It proposed that codification of these laws should be carried out in india. The bills of the negotiable instruments the transfer of property originally prepared by the law third law commission in india were revised.


    The commission submitted only its one report to the government of india in november 1879. As a result of the fourth law commission which was the last commission appointed by british goternment. The negotiable instrument act was passed in 1881 and the transfer of property act, the indian easement act and the trust act were passed in 1882.

    Criticism of the charter act 1853

    1. Exclusion of the Indians from the Legislative Council was one of the major defects of the Charter Act 18533.
    2. As the Charter Act of 1853 did not give the East India Company the right to govern India for another 20 years, it gave an opportunity to the Home Government to step in and take the place of the East India Company in India.
    3. This process was hastened by the happenings of 1857, or the so called ‘Mutiny’.
    4. The Charter Act of 1853 was the last charter act passed for the East India Company.
    5. The act did not grant commercial privileges for a specific period of time as preceding Charter Acts had provided.

    Related Post

    Important Questions | Charter act of 1853

    when the second law commission was introdused ?

    The second law commission was introdused on november 29, 1853.

    when the third law commission was introdused ?

    The third law commission was appointed on december 14, 1861 under the chairmanship of sir john romilly.

    explain the reports which was introdused under third law commission ?

    The third law commission was appointed on december 14, 1861 under the chairmanship of sir john romilly. There were 6 members in this commission.
    Function – the main function of the third law commission was to proceed with the codification of the substantive law in india as suggested by the second law commission in its second report.
    The Third Law Commission submitted 7 reports containing the drafts of proposed laws to the Secretary of State for India.
    First Report: the Commission prepared the draft of the law of succession and inheritance generally applicable to all classes of persons other than Hindus and Muslims, which was enacted as the India Succession Act, 1863.
    Second Report: draft of the law of contracts in general including sale of movable property, indemnity and guarantee
    Third Report: draft of the law of negotiable instruments, viz, promissory notes, bills of exchange and cheques

    explain Criticism of the charter act 1853 ?

    Exclusion of the Indians from the Legislative Council was one of the major defects of the Charter Act 18533.
    As the Charter Act of 1853 did not give the East India Company the right to govern India for another 20 years, it gave an opportunity to the Home Government to step in and take the place of the East India Company in India.
    This process was hastened by the happenings of 1857, or the so called ‘Mutiny’.
    The Charter Act of 1853 was the last charter act passed for the East India Company.
    The act did not grant commercial privileges for a specific period of time as preceding Charter Acts had provided.

    Refrences Book

    • M.P. Jain, Outlines of India Legal History
    • Indian legal and constitutional history by Dr. N. V. Paranjape
    • Rankin G.C. Background to Indian Law
    • M. Rama Jois, Legal and Constitutional History of India
    • V.D. Kulshrestha, Landmarks in Indian Legal History
    • A.B. Keith, Constitutional History of India

    Sources

    1. https://www.insightsonindia.com
    2. https://prepp.in