Indian Legal History - Indian Council Act 1909

Background

Every reform has a purpose. It's not that parliamentarians getting bored in Parliament, and to pass time they would suddenly come up with an act. What is the purpose of Indian Council Act ? And what was background under which this act was passed ?

Congress, founded in 1885, slowly started involved in making public mood for self rule. Nationalist feelings were on rise ever since Congress was founded.

In 1905, Lord Curzon partitioned the Bengal. Their argument was Bengal was huge province, and to manage it effectively Bengal is divided. However their real motive might be rising nationalist movement.

Meanwhile there were two ideologies emerged in Congress. Radicals and Moderate to put it simply. Radicals wanted self governance, whereas moderates wanted reforms like increase in number of Indians in Legislature, more involvement of Indians in law making process etc. Both have their own reasons for their demand and it's related to history, not exactly legal history!

There were two important folks involved in this reforms. Lord Morley, Secretary of State for Indian, and Governor General (aka Viceroy) Lord Minto.One committee was appointed to look into reforms which submitted report in 1906, after discussion act was passed by British Parliament in 1909.

Objectives

Below are few objectives of the act

• To increase the size of the Legislative Council
• To enlarge the functions of the Legislative Councils
• To increase the proportion of elected memebers
• To secure support of the moderates section in the Indian National Congress.

Provisions

 Number of Members increased in legislature.

As we have discussed earlier, there were law making bodies at central level and provincial level. After Indian Council Act of 1861, Indians representation started in these bodies. However there were very few members. So this number was increased

This bodies consisted of below types of people

1. Ex officio members like Governor, council, lieutenant Governor
2. Nominated official members
3. Nominated non-official members
4. Elected members

Indian Membership

• Central Legislature- Number raised from 16 to 60. (Sixteen to Sixty,not much in terms of spelling!) 
• Bengal, Madras, Bombay- Maximum number raised to 50
• Oudh/UP- From 15 to 50

Powers given to Indian members 

Earlier Indian member could ask a question on any matter with notice of 6 days, but he was not allowed to ask supplementary question. Now after this act, Indian member could ask supplementary question.

 Another improvement is earlier Indian Member could not move resolution or divide the house on any matter. After this act this powers were also conferred.

Certain matters like Customs, military, public debts still kept with Britishers only. 

Election

Earlier, mostly Governor used to nominate member to legislative council. Such members were not elected and many times nominated members used to side with British. This act brought certain changes related to election of legislative members.

Legislative councils used to consist of non-official members. These non officials members were of two types, elected and nominated.

What was election process ?

Electorates, meaning person who would be voting in election process were separate. These were of three kinds, 

General electorates - Meaning anybody (restricted though ) could vote, 

Class electorates - landlords could elect their members

Special Electorates - For example Muslim electorates.

The communal electorates was going to impact polity with disastrous consequences.The discussion is beyond the scope of article. :)

 Other features.

 Act had provision related to Vice Presidents. Governor General could appoint vice-presidents who would then preside the council meeting in his absence.

Earlier Executive Council used to consist of British folks only. After this act, number of members increased in some provinces and Indians also could appointed in such council

Was Indian representation enough ?

Though Indians representation was increased, real authority still rested with Governor General as he had veto power.

In Central Council non-official members were still in minority. This mattered because typically official members used to take side of Britishers.

Important improvement however is membership in Provincial Council. In 1906 Liberal Party won election in Britain. Lort Morley was liberal. After discussion with Gokhale, he agreed for majority non-official members in Provincial council despite opposition from British Servants and Governor.

Conclusion

Can you figure out goods and bads from above provision ?

Increased representation was good, majority in provincial legislature was good, increased power of Indian member like supplementary question, resolution etc was good.

However one provision had terrific effect, and for bad. It gave fillip to communalism. Muslim Legue, RSS, Hindu Mahasabha, all these communal organization was the result(Direct/Indirect) of this provision.