Introduction of Self- Government (1919-1947)
Introduction of Self- Government (1919-1947)
The Government of India Act 1919
The Morley-Minto Reforms failed to satisfy the aspirations of the Indians as they did not establish Parliamentary system of the Government in India.
During the time of 1st World War Indian National Congress became very active and it pressed for reforms.
In this response the British Government made a declaration on August 20, 1917, that its objective was the gradual introduction of responsible Government in India.
The Government of India Act of 1919 was thus enacted, which came into force in 1921.
This Act is also known as Montagu-Chelmsford Reforms (Montagu was the then Secretary of State for India and Lord Chelmsford was the then Viceroy of India).
Main features of Government of India Act 1919 were as follows:
1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The Central and provincial legislatures were authorised to make laws on their respective list of subjects.
2. The structures of government continued to be centralised and unitary.
3. Under this Act, Provincial subjects were further divided into two parts i.e. transferred and reserved subjects.
The Transferred Subjects were to be administered by the Governor with the aid of Ministers responsible to the legislative council.
Educations, Agriculture, Local Self-Government etc subjects of lesser importance were included in the list of transferred subjects.
On the other hand, the reserved subjects were to be administered by the Governor and his executive council without being responsible to the legislative council.
Jail, Police, Justice, Finance and Irrigations, and comparatively more important subjects were included in the list of reserved subjects.
This dual scheme of governance was known as “Dyarchy” which is a term derived from the Greek words “Di” meaning two plus “Archia” meaning rule, the combined meaning of which is two authorities or double rule. However, this experiment was largely unsuccessful.
4. For the first time, this Act introduced bicameralism and direct elections in the Country. Thus, the Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election. Both the Houses of the Central Legislature were have similar and equal powers.
5. The powers of the Central Legislature were enlarged. It could make laws for the whole of British India and with respect to all the matters contained in the Central List.
6. It required that three of the six members of the Viceroy’s executive Council (Other than the Commander-in-Chief) were to be the Indians.
7. It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
8. It provided franchise to a limited number of people on the basis of property, tax or education.
9. It created a new office of the High Commissioner for India in London and transferred to him some of the functions which were earlier performed by the Secretary of State for India. He was to act as an agent of the Central Government as well as Provincial Governments of India.
10. It provided for establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants. (Note: This was done on the recommendation of the Lee Commission on Superior Civil Services in India).
11. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets.
12. It provided for the appointment of a statutory commission to inquire into and report on the working of this Act after ten years of its coming into force.
This Government of India Act 1919 however failed to fulfill the aspirations of the people of India, which led to an agitation by the Indian National Congress for “Swaraj” or “Self-Government” to be attained through the non-cooperation.
In 1924, a Reforms Enquiry Committee known as Muddiman Committee was appointed to inquire into and report on the working of the Reform of 1919.
The Committee submitted its Report in September, 1925.
In its Report the Committee recommended the continuance of the “diarchy” with slight modifications.
It was criticised by the members of the Central Assembly as an unsuccessful experiment in administration.
It led to the appointment of Simon Commission.
Simon Commission:
In November 1927 the British government announced the appointment of a seven member statutory commission under the chairmanship of Sir John Simon to report on the condition of India.
All the members of the commission were from British and hence, all the parties boycotted the commission.
The commission submitted its report in 1930 and recommended the abolition of diarchy, extension of responsible government in the provinces, establishment of a federation of British India and Provinces states, continuance of communal electorate and so on.
On 31/12/1929, at Lahore Session of INC, under the Presidentship of Shri Jawaharlal Nehru, a Resolution of “Complete Independence” from British rule was passed. On 26/01/1930 January 26 was declared as “Independence Day”.
After the failure of the Simon Commission, Lord Irwin, the Governor-General of India, announced that a Round Table Conference was to be held in London to hold discussions on the India’s constitutional settlement and future reforms.
But, the INC refused to participate in the Conference because the INC wanted the conference to proceed on the basis of Dominion Status for India and Lord Irwin, the Governor-General, regretted his inability to give any such assurance.
Gandhi Ji started Civil Disobedience movement on January 1, 1930 started Dandi March on March 12,1930 and Salt Law was violated on 06/04/1930.
The First Round Table Conference held in London on November 12,1930, in the absence of the Congress Party, failed to achieve anything.
On the failure of these discussions, Mr. Ramsay Macdonald, the British Prime Minister, announced on 16/08/1932, his “Communal Award”.
This award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (Scheduled Castes).
Gandhi Ji could not bear this attack on Indian unity so he undertook fast unto death in Yerawada Jail (Poona) to get the award modified.
Due to this Fast, the condition of Gandhi Ji was detorated and at the last, there was an agreement signed on September 25, 1932 between the leaders of the Congress and the depressed classes.
This agreement, was known as Poona Pact, which retained the Hindu Joint Electorate and gave reserved seats to the depressed classes.
The Communal Award was thus modified in the light of the Poona Pact.
It was followed by the Third Round Table Conference.
On the basis of these discussions during the Third Round Table Conference ( November 17 to December 24,1932) , a ‘white paper on constitutional reforms’ was published in March 1933 and it had been submitted for the consideration of the Joint Select Committee of the British Parliament.
This Joint Select Committee submitted its report recommending some changes in the proposals contained in the White Paper.
Based on this report the Government of India Act 1935 was introduced in Parliament in December, 1934.
The Bill got the Royal assent on August 4, 1935 and came to be known as “The Government of India Act 1935”.
The Government of India Act 1935
1. This Act marked a second milestone towards the complete responsible government in India.
2. It was a lengthy and detailed Act having 321 Sections with 10 Schedules.
3. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units.
While under all the previous Government of India Acts, the Government of India was unitary, the Act of 1935 proposed a Federation taking the Provinces and the Indian States as one unit.
But the accession of the Princely States to the Federation was optional. It could not be established until the States had given their assent to join the Federation.
At the time of joining it, each ruler of the State was required to sign an Instrument of Accession mentioning therein the extent to which it consented to surrender its authority to the Federal Government.
However, in reality All-India Federation never came into existence as the princely states did not give their consent to join it.
4. This Act divided the powers between the Centre and units by way of three lists:
a. Federal List (For Centre, with 59 items): These subjects were subjects of national importance. The most important of them were external affairs, currency and coinage, naval, military and air force, census etc.
b. Provincial List (For Provinces, with 54 items): These subjects were the subjects of local importance. The main amongst them were police, provincial public services, education etc., and
c. The Concurrent List (For Both Centre and Provinces with 26 items): These subjects were the subjects which were essentially of a provincial and local nature but required a uniform policy throughout India. Criminal Law, criminal procedure, civil procedure, marriage and divorce, arbitration etc. were the most important subjects in this list.
The Federal Legislation had the power to legislate with respect to the subjects enumerated in the Provincial List if a proclamation of emergency was made by the Viceroy.
The Federal Legislation could also legislate with respect to a Provincial subject if the Legislature of two or more Provinces desired this in their common interest.
In case of inconsistency in the concurrent Field, a Federal Law prevailed over a Provincial Law to the extent of that inconsistency.
Residuary powers were given to the Viceroy.
5. This Act abolished “dyarchy” in the provinces and introduced “Provincial autonomy” in its place. The Act divided Legislative power between the Provincial and Central Legislatures and within its defined areas the Provinces were no longer delegates of the Central Government but were autonomous units of administration. Moreover, the Act introduced responsible government in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature and not as subordinate of the Viceroy. This came into effect in 1937 and discontinued in 1939.
6. This act provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.
7. It introduced bicameralism in 6 out of 11 provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and United Provinces were made bicameral consisting of a legislative council (Upper House) and a legislative assembly (Lower House).
8. It further extended the principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes), women and labour (Worker).
9. Under this Act it has been provided that the Provincial Executive was to consist of the Governor and a Council of Ministers to advise him. The Governor was the head of the Executive. Three types of powers were given to the Governor: (a) Discretionary; (b) Powers exercised in his individual judgment; (c) Powers to be exercised on the advice of the ministers. But in regard to matters involving his special responsibility he had the right to override the advice given by the ministers.
10. It extended franchise. About 10 per cent of the total population got the voting rights.
11. It provided for the establishment of Reserve Bank of India to control the currency and credit of the country.
12. It provided for the establishment of
a. Federal Public Service Commission.
b. Provincial Public Service Commission.
c. Joint Public Service Commission (for two or more provinces).
13. It provided for the establishment of a Federal Court, which was set up in 1937.
The Federal Court had one Chief Justice and not more than 6 other judges. The retiring age of these judges were 65 years. The Judges were appointed by the Crown.
Jurisdiction of Federal Court: The Federal Court has three kinds of jurisdictions i.e. Original, appellate and advisory.
a. Original Jurisdiction: The Federal Court had exclusive jurisdiction in any dispute between the Federation and its units or the units inter se.
b. Appellate Jurisdiction: The appellate jurisdiction of the Federal Court extended to appeals from the Judgment of any High Court in India to the Federal Court if the High Court certified that the case involved a substantial question of law as to the interpretation of the Government of India Act, 1935 or any Order in Council made therein.
An appeal could go to the Privy Council from decisions of the Federal Court.
c. Advisory Jurisdiction: The Federal Court had also advisory jurisdiction. The Viceroy could refer any question of law to the Court to obtain its opinion whenever he liked to seek its advice.
Second World War and Nationalist Response:
September 1, 1939: Germany attacks Poland and the Second World War had started.
September 3, 1939: Britain declares war against Germany and declares India’s support for the War without consulting Indian opinion. It disappointed the Indian Leaders and the Congress Ministers and they resigned from their offices on November 15, 1939.
At this time the Indians gave the offer to cooperate in the war efforts but subject to the following two conditions:
a. After the war, a constituent assembly should be convened to determine political structure of a free India.
b. Immediately, some form of a genuinely responsible government should be established at the centre.
But this offer of the Indians was rejected by Linlithgow, the Viceroy of India. The Congress argued that these conditions were necessary to win public opinion for war.
“August Offer”:
After holding discussions with the Indian leaders, Lord Linlithgow, the Viceroy, issued a statement on behalf of the British Government on 08/08/1940, which is popularly known as “August Offer”.
Therein, the Viceroy promised-
a. full responsible government on the Dominion Status model after the termination of the World War;
b. setting up of a Constitution making body to frame a new Constitution for India;
c. as an interim measure, the Viceroy to appoint prominent Indians on his Executive Council;
d. setting up of a separate consultative council consisting of Indians to tender advice in connection with the conduct of War;
e. to secure to India, free and equal partnership in the British Commonwealth of Nations.
However, the Viceroy made it clear that no change would be incorporated in the existing constitutional structure, without the concurrence of the Muslims and other minorities.
The August Offer was rejected by the Congress as mischievous and anti-national and uninspiring.
The Muslim League welcomed the veto assurance given to the League and reiterated its position that partition was the only solution to the deadlock.
Evaluation of August Offer:
For the first time, the inherent right of the Indians to frame their constitution was recognised and the demand of the congress in respect of constituent assembly was considered. Dominion status was also explicitly offered.
In July 1941, the executive council of Viceroy was enlarged to give the Indians a majority of 8 out of 12 for the first time, but the whites remained in charge of defence, finance and home.
Also, a National Defence Council was set up with purely advisory functions.
The Cripps Mission
The British Prime Minister, Churchill having realized that it was difficult to remain indifferent towards the Indian problems any longer.
So he made an announcement on 11/03/1942 in the House of Commons, declaring that Sir Stafford Cripps, a socialist member of the British War Council, known for his genuine sympathy with the Indian aspirations, would be sent to India, for negotiating with the Indian leaders to secure their co-operation in the prosecution of War.
On March 22, 1942, Mr. Cripps arrived in India.
Why Cripps Mission was sent?
Because of the reverses suffered by Britain in South East Asia, the Japanese threat to invade India seemed real now and Indian support became crucial.
There was pressure on Britain from the Allies (USA, USSR, and China) to seek Indian cooperation.
Indian nationalists had agreed to support the Allied cause if substantial power was transferred immediately and complete independence be given after the war.
Main Proposals:
Sir Stafford Cripps suggested the following proposals for the settlement of the Indian problems:
a. An Indian Union with a dominion status would be set up; it would be free to decide its relations with the Commonwealth and free to participate in the United Nations and other International bodies.
b. After the end of the war, a constituent assembly would be convened to frame a new constitution. Members of this assembly would be elected by the provincial assemblies through proportional representation and partly nominated by the parties.
c. The British Government would accept the new constitution subject to two conditions:
1. Any province not willing to join the Union could have a separate constitution and form a separate Union, and
2. The new constitution making body and the British Government would negotiate a treaty to effect the transfer of power and to safeguard racial and religious minorities.
d. In the meantime, defence of India would remain in the British hands and the viceroy’s powers would remain intact.
Departure from the Past and Implications:
The proposals differed from those offered in the past in many respects:
1. The making of the constitution was to be solely in the Indian hands now ( and not “mainly” in Indian hands- as contained in the August Offer).
2. A clear plan was provided for the constituent assembly.
3. Option was available to any province to have a separate constitution- a blueprint for India’s partition.
4. Free India could withdraw from the commonwealth.
Indians were not satisfied with the above proposals and therefore, they rejected it. The Indian Leaders found in it the seed of partition of the country and there was absence of any plan for immediate transfer of power and absence of any real share in the defence.
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