Acts before separation Acts before separation of of

Sub-continentSub-continent

Act of 1861Act of 1861

Back GroundBack Ground

Complete Complete control of British control of British on political on political system.system.

East India company over East India company over powered the powered the political system.political system.

Muslims were facing disrespect.Muslims were facing disrespect. Indians had no political representation.Indians had no political representation.Sir. Syed Ahmed Khan suggested to Sir. Syed Ahmed Khan suggested to

include Indian people in political system.include Indian people in political system.

Act of 1861Act of 1861

1.1. First ever constitutional First ever constitutional structure.structure.

2.2. Indian people Indian people were included in governor were included in governor general's council.general's council.

3.3. The number of the members of the The number of the members of the legislative councils was increasedlegislative councils was increased..

Act of 1861Act of 1861

4.4. The The governorgovernor was given authority to was given authority to nominate at least six persons nominate at least six persons to his to his CouncilCouncil

5.5. The nominated members could The nominated members could not not criticize the actions of Councilcriticize the actions of Council

6.6. The The governor-generalgovernor-general could issue could issue ordinance and was authorized ordinance and was authorized to veto to veto provincial legislationprovincial legislation

Act of 1861 (Results)Act of 1861 (Results)

The enforcement of Legislative Council Act of The enforcement of Legislative Council Act of 1861 was the 1861 was the first step taken for the first step taken for the constitutional reforms in India.constitutional reforms in India.

It provided in spite of its limited scope, an It provided in spite of its limited scope, an opportunity to the Indian people opportunity to the Indian people to safeguard to safeguard their political interests.their political interests.

Sir Syed Ahmed Khan Sir Syed Ahmed Khan was nominated as the was nominated as the member of the legislative councilmember of the legislative council

Act of 1892Act of 1892

Back GroundBack Ground

All Indian National Congress All Indian National Congress was founded was founded in 1885 in 1885

Iord Ripon (1880-1884) Iord Ripon (1880-1884) Liberal Government in England Liberal Government in England Lord Dufferin appointed a committee to Lord Dufferin appointed a committee to

examine the issues and make a report.examine the issues and make a report.The Indian The Indian Councils Act of 1892 was the

result of the recommendations.

Act of 1892Act of 1892

1.1. ExpansionExpansion in the size of the in the size of the Governor Governor General's legislative councilGeneral's legislative council. .

2.2. The members were to be The members were to be nominatednominated, subject to , subject to the approval of the Secretary of State the approval of the Secretary of State

3.3. 16 16 additional members in the legislative additional members in the legislative council, council, 6 6 were official members, were official members, 5 5 were were nominated non-official members nominated non-official members and 5 and 5 were were elected, one by the Calcutta Chamber of elected, one by the Calcutta Chamber of Commerce, and four from the four provincial Commerce, and four from the four provincial councils. councils.

Act of 1892Act of 1892

4.4. The maximum number of additional The maximum number of additional members of the members of the Bengal PresiBengal Presidency was dency was fixed at fixed at 2020

5.5. and those of the and those of the North-WesternNorth-Western Province Province

6.6. and Oudh at and Oudh at 15.15.

ResultsResults

The The Indian Councils Act of 1892 Indian Councils Act of 1892 was was significant in a sense that it not only significant in a sense that it not only increasedincreased the number of non-official the number of non-official members of the members of the legislative bodies legislative bodies both at both at the provincial and national levels the provincial and national levels

Introduced the Introduced the principle of election principle of election in a in a limited way through such constituencies as limited way through such constituencies as municipal bodies municipal bodies

Act of 1909Act of 1909 Back GroundBack Ground

DefectsDefects

Overall LookOverall Look

Back GroundBack Ground demands for the demands for the separate electorate separate electorate was conceded was conceded the preparation of the preparation of separate electoral rolls separate electoral rolls was orderedwas ordered the the legislative councils were expandedlegislative councils were expanded the the authority of the council was increasedauthority of the council was increased the viceroy council’s membership at sixty members the viceroy council’s membership at sixty members the membership of the provinces of Bengal ,Bihar , the membership of the provinces of Bengal ,Bihar ,

Bombay and orissa was fixed at fifty members were Bombay and orissa was fixed at fifty members were as the membership of the provinces of Punjab, & as the membership of the provinces of Punjab, & Assam was fixed at 30 membersAssam was fixed at 30 members

the the IndiansIndians were were includedincluded in the in the executive council executive council of of the viceroy the viceroy and in the and in the provincial executive councils provincial executive councils

the the local bodies local bodies , trade unions and universities were , trade unions and universities were allowed to elect their memberallowed to elect their member

lt. governors were appointed in Bengal , Bombay and lt. governors were appointed in Bengal , Bombay and madras.madras.

DefectsDefects

Did not provide for Did not provide for mode of electimode of electing the ng the representativesrepresentatives

The The voting rights were squeezedvoting rights were squeezed The The authority of elected were negligibleauthority of elected were negligible The The nominatednominated members were in members were in

majority majority Provincial Provincial expenditure were controlled expenditure were controlled by by

the central the central governmentgovernment

Overall LookOverall Look

Any how no one can deny the importance and Any how no one can deny the importance and utility of reforms. As it utility of reforms. As it acceded the Muslims, acceded the Muslims, their much cherished demand &their much cherished demand &

Separate electorate Separate electorate in the provinces in the provinces Conferred on the Muslims the double voteConferred on the Muslims the double vote Gave imputes to the constitution in the IndiaGave imputes to the constitution in the India Amazing political triumphAmazing political triumph Muslim league performed in the commendable Muslim league performed in the commendable

mannermanner

Act of 1919Act of 1919

Back GroundBack Ground

S.A.S.A.ROWaltROWalt

STOP POLITICAL STOP POLITICAL ACTIVITIESACTIVITIES

QUAIDQUAID AZAM RESIGNED AZAM RESIGNED

INCIDENT OF INCIDENT OF JALLIANWALA BAGHJALLIANWALA BAGH

ResponseResponse

EDWIN MONTAGUEEDWIN MONTAGUE

MONTAGUE –MONTAGUE –CHELMSFORDCHELMSFORD REFORMS REFORMS

Act of 1919Act of 1919

1.1. Bicameral legislature Bicameral legislature was established in the center .was established in the center .2.2. The The upper house upper house was know as council of state and was know as council of state and

lower house lower house was knows as central legislative was knows as central legislative assembly. assembly.

3.3. The membership of upper house was fixed at 60 The membership of upper house was fixed at 60 member while the lower house consisted of 146 member while the lower house consisted of 146 members.members.

4.4. The upper house was elected for 5 years and he The upper house was elected for 5 years and he lower house for 3 years.lower house for 3 years.

5.5. Separate electorate Separate electorate was retained for the Muslims.was retained for the Muslims.

In government, bicameralism is the practice of having two legislative or parliamentary chambers.

Thus, a bicameral parliament or bicameral legislature is a parliament or legislature which consists of two chambers or Houses.

The relationship between the two chambers varies; in some cases, they have equal power, while in others, one chamber is clearly superior to the other.

Some political scientists believe that bicameralism makes meaningful political reforms more difficult to achieve and increases the risk of deadlock. This risk of deadlock is greater in cases where both chambers have equal powers. Others argue strongly for the merits of the 'checks and balances' provided by the bicameral model, which they believe helps prevent ill-considered legislation from being passed into law.

Act of 1919Act of 1919

4.4. Self-governmentSelf-government would be established gradually in would be established gradually in India.India.

5.5. The system of The system of ‘dyarchy‘dyarchy’ was introduced at the ’ was introduced at the provincial level.provincial level.

6.6. By this system the provincial subjects were divide d By this system the provincial subjects were divide d into two categories as the into two categories as the ‘transferred‘transferred’’ and and ‘‘reserved subjectsreserved subjects’’

7.7. The subjects were divided between the The subjects were divided between the centercenter and and provinces.provinces. The central subjects were defenses, The central subjects were defenses, foreign affairs, currency ,railways and foreign affairs, currency ,railways and telecommunication. telecommunication.

8.8. The provincial subject included Education , The provincial subject included Education , Health ,Irrigation and local government. Health ,Irrigation and local government.

Act of 1935Act of 1935

Back GroundBack Ground After the After the failure of the Third Round Table Conferencefailure of the Third Round Table Conference, ,

the British government gave the Joint Select Committee the British government gave the Joint Select Committee the task of formulating the new Act for India.the task of formulating the new Act for India.

The Committee comprised of 16 members each from the The Committee comprised of 16 members each from the House of Commons and House of Lords, 20 House of Commons and House of Lords, 20 representatives from British India and seven from the representatives from British India and seven from the princely states. princely states.

Lord Linlithgow was appointed as the president ofLord Linlithgow was appointed as the president ofthe Committee the Committee

Act of 1935Act of 19351.1. A A Federation of India Federation of India was promised for, comprising both was promised for, comprising both

provinces and states.provinces and states.2.2. The The provisionsprovisions of the Act establishing the federal central of the Act establishing the federal central

government were government were not to go not to go into operation until a specified into operation until a specified number of number of rulers of states had signed rulers of states had signed Instruments of Instruments of Accession.Accession.

3.3. Since, this did not happen, the central Since, this did not happen, the central government continued government continued to function in accordance to function in accordance with the 1919 Act with the 1919 Act and only the part of and only the part of the 1935 Act the 1935 Act dealing with the provincial governments dealing with the provincial governments went into went into operationoperation..

4.4. The The Governor General Governor General remained the head of the central remained the head of the central administration and enjoyed administration and enjoyed wide powers wide powers concerning concerning administration, legislation and finance.administration, legislation and finance.

5.5. No No finance bill finance bill could be placed in the Central Legislature could be placed in the Central Legislature without the without the consent of the Governor Generalconsent of the Governor General. .

Act of 1935Act of 193544 The The Federal Legislature Federal Legislature was to consist of was to consist of two housestwo houses, the , the

Council ofCouncil ofState (Upper House) and the Federal Assembly (Lower House).State (Upper House) and the Federal Assembly (Lower House).

55 The Council of State was to consist of 260 members, out of The Council of State was to consist of 260 members, out of whom whom 156 were to be elected 156 were to be elected from the British India and from the British India and 104 to 104 to be nominated by the rulers of princely states.be nominated by the rulers of princely states.

66 The Federal Assembly was to consist of 375 members; out of The Federal Assembly was to consist of 375 members; out of which which 250250 were to were to be elected by the Legislative Assemblies be elected by the Legislative Assemblies of of the British Indian provinces while the British Indian provinces while 125125 were to be nominated by were to be nominated by the rulers of princely statesthe rulers of princely states..

77 The The Central Legislature Central Legislature had the right to had the right to pass any billpass any bill, but the bill, but the billrequired the required the approval of the Governor General approval of the Governor General before it before it became Law. On the other hand Governor General had the became Law. On the other hand Governor General had the power to frame ordinancespower to frame ordinances..

Act of 1935Act of 1935

88 The The Secretary of State Secretary of State was was not expected to interfere not expected to interfere in matters that the Governor dealt with, with the help of in matters that the Governor dealt with, with the help of Indian Ministers.Indian Ministers.

99 The provinces were given The provinces were given autonomyautonomy with respect to with respect to subjects delegated to themsubjects delegated to them..

1010 Diarchy, which had been established in the provinces by Diarchy, which had been established in the provinces by the Act of 1919, was to be established at the Center. the Act of 1919, was to be established at the Center. However it came to an end in the provinces.However it came to an end in the provinces.

1111 Two new provinces Two new provinces SindhSindh and and Orissa Orissa were created. were created.

Act of 1935Act of 19351212 ReformsReforms were introduced in N. W. F. P. as were in the were introduced in N. W. F. P. as were in the

other provinces.other provinces.Separate electorates Separate electorates were continued as before.were continued as before.

1313 One-third Muslim representation One-third Muslim representation in the Central in the Central Legislature was guaranteed.Legislature was guaranteed.

1414 Autonomous provincial governments in 11 provincesAutonomous provincial governments in 11 provinces, , under ministries responsible to legislatures, would be under ministries responsible to legislatures, would be setup.setup.

1515 BurmaBurma and and AdenAden were separated from India. were separated from India.

Act of 1935Act of 1935

15.15. The Federal Court The Federal Court was established in the was established in the Center.Center.

16.16. The The Reserve Bank Reserve Bank of India was of India was established.established.

ResultsResults

Both the Both the Indian National Congress Indian National Congress and the and the

Muslim League Muslim League opposedopposed the Act, but the Act, butparticipated in the provincial elections of participated in the provincial elections of winter 1936-37.winter 1936-37.

At the time of At the time of independenceindependence, the two , the two dominions of India and Pakistan dominions of India and Pakistan acceptedaccepted the the Act of 1935. Act of 1935.