The Crown Rule (1858-1947)

The Crown Rule (1858-1947)

• Government of India Act of 1858 : After revolt of 1857 British Parliament passed this act which ended the Company Rule in India and started Crown Rule.
  1. This act transferred the power from the Company to the British Crown
  2. System of Dual Government started by Pitts India Act was abolished by abolishing the Court of Directors and the Board of Control.  It was replaced by the Secretary of State for India through which power of the British Crown to be exercised.
  3. The Secretary of State for India, was assisted by a Council of 15 members out of this 15 members 8 were to be appointed by the Crown and seven by the Court of Directors.
  4. The secretary of state was choosen among the member of the British cabinet for the control by British Cabinet. He was made responsible to the British Parliament.
  5. India was for the purpose of administration, classified to British India and Princely States the Princely States were to show allegiance to the Crown.
  6. The Governor-General received the title of Viceroy. Lord Canning occupies the position of the first Viceroy of India.
1. Provisions of the Act
• Indian Councils Act of 1861
  1. It introduced first time the representative institutions in India.
  2. It provided for the induction of Indians in the the Governor General’s Executive Council as the non-official members while transacting the legislative businesses. However, the non-official members appointed were traders, zamindars and British loyalists.
  3. It reversed previous acts from Regulating Act of 1773 to Charter Act of 1833 by restoring the legislative power of Bombay and Madras Presidencies.
  4. By this Act Viceroy is empowered to make rules and orders for the more convenient transaction of business in the council.
  5. Also the power of Viceroy is increased by getting authority to issue ordinances, without the concurrence of the legislative council, during an emergency life of which was six months.
1. After the historic revolt of 1857, the British Government changed its policy and started associating and seeking the cooperation of the Indians in the administration of their country. And hence according to this changed policy of associating Indians, acts of 1861, 1892 and 1909 were enacted by the British Parliament. Induction of Indians in the legislation work was the most significant feature of this Act.
2. Few features of the Indian Councils Act 1861 are discussed below:
• Indian Councils Act of 1892  
  1. The act provided for the first time, the establishment of an elected Legislative Council at the provinces. The members were to be elected by a municipality, merchant bodies universities etc.
  2. Official members nominated by the Governor were in majority in councils.
  3. A legislative Council at the centre was to be constituted by members elected by the provincial councils. However, they had no right to vote and raise questions in councils.
1. Provisions of the Act
• Government of India Act of 1909 (Morley-Minto Reform)
  
  1. It increased the number of members in the legislative councils, Central and provincial.
  2. It retained official majority in the Central Legislative Council but in provinces non-official members would be in majority.
  3. It enlarged the deliberative functions of the legislative councils at both the levels.
  4. It opens the path for the first time for the Indians to enter in the executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to be appointed as a member of the Viceroy’s Executive Council the law member.
  5. The most striking feature of this act was the introduction of a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. According to which Muslim members were voted or elected by Muslim voters only.
  6. After this Act Lord Minto came to be known as the Father of Communal Electorate.
1. This Act was also called as Morley Minto reform as the provisions of this Act was largely influenced by Lord Morley who was at that time was the Secretary of State for India and Lord Minto was at that time the Viceroy of India.
2. Provisions of the Act
• Government of India Act of 1919
1. The Act of 1919 embodied the reforms recommended in the report of the Secretary of State for India, Edwin Montague, and the viceroy Lord Chelmsford.
2. It leads to the decentralisation of central's power over the provinces by the establishment of separate central and provincial subjects.
3. Hence the central and provincial legislature’s makes laws according to the subjects listed in the central and provincial subjects.
4. However, the separation of separate subjects doesn’t affect the centralised and unitary nature of the Government.
5. It seperates the provincial subjects into transferred and reserved subjects. The transferred subjects were given to government of Indian ministers (nominated by Governor) responsible to the legislative Council. Transferred list includes agriculture, health and education. All other subjects like Defence, Foreign Affairs and Communications remain under Viceroy. This dual form of government was known as ‘dyarchy’ which was unsuccessful.
6. This Act provided bicameralism in the Indian Legislative Council i.e., an Upper House (Council of State) and a lower House (Legislative Assembly) and direct elections system in the country.
7. One of the striking provision is the extension of communal representation which was started by the Act of 1909. It provides separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.
8. In this Act there was a provision for the establishment of a public service commission therefore , a Central Public Service Commission was established in 1926.
9. It separates provincial budgets from the Central budget.
• Government of India Act of 1935
1. According to this Act an All-India Federation should be established which consists of provinces and princely states as units.
2. The Act made seperate lists for the Centre and units. This lists are —Federal List, Provincial List and the Concurrent List.
3. The federal list for the centre consisted of 59 items, the provincial list for the provinces consisted of 54 items and the concurrent list for both consisted of 36 items.
4. Residuary powers were vested with the Viceroy. However due to objection from princely states the federation never came into being.
5. It introduced "provincial autonomy" by abolishing the system of dyarchy in the provinces.
6. Dyarchy was abolished at provinces however it was introduced at the Centre.
7. There were eleven provinces and it introduced bicameralism in six provinces.
• The cabinet mission plan
1. In 1946, Cabinet Mission was sent to India to discuss plans for the transfer of power and provide India with Independence under Dominion status in the Commonwealth of the Nation.
2. It also discussed with the Indian politicians about the structure of the Constitution which would be made by them.
3. Elections was held in August 1946 for 296 seats of British India Provinces.
• Indian Independence Act of 1947
1. The Indian Independence Act which came into force on 18 July 1947 divided British Indian territory into two new states India and Pakistan under the Commonwealth of nations until there constitutions came into effect. The Constituent assembly was divided into two separate States.
2. Lord Mountbatten became the first Governor General of Dominion India. Latter, the constituent assembly elected C.Rajagopalachari as the Governor General of Independent India .
3. When the Constitution of India came into force on 26 January, 1950, it repealed the Indian Independence Act and became a Sovereign, Democratic and Republic.
4. Dr Rajendra Prasad became the first president of India.