The Crown Rule (1858- 1947) - Part VII : Indian Independence Act (1947)

The Crown Rule (1858-1947) - Part VII

Indian Independence Act (1947)

On February 20, 1947, British Prime Minister Clement Atlee declared that the British rule in India would end by June 30, 1948; after which the power would be transferred to responsible Indian hands. This announcement was followed by the agitation by the Muslim League demanding partition of the country. 

Again on June 3, 1947, the British Government made it clear that any constitution framed by the Constituent Assembly of India (formed in 1946) cannot apply to those parts of the country which were unwilling to accept it. 

On the same day (June 3, 1947), Lord Mountbatten, the Viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by Congress and the Muslim League. The immediate effect was given to the plan by enacting the Indian Independence Act (1947).

Features of Act:

• It ended the British Rule in India and declared India as an Independent and Sovereign state from August 15, 1947.

• It provided for the partition of India and the creation of two (2) independent dominions of India and Pakistan with the right to secede from the British Commonwealth.

• It abolished the office of Viceroy and provided for each dominion, a governor-general, who was to be appointed by the British King on the advice of the Dominion cabinet. His Majesty's Government in Britain was to have no responsibility concerning the Government of India and Pakistan.

• It empowered the constituents assemblies of the two (2) dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence Act itself.

• It empowered the constituents assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced. No Act of the British Parliament passed after August 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion.

• It abolished the office of the secretary of state for India and transferred his functions to the secretary of state for Commonwealth Affairs.

• It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15, 1947.

• It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or remain independent.

• It provided for the governance of each of the dominions and the provinces by the Government of India Act (1935), till the new constitutions were framed. The dominions were, however, authorized to make modifications in the Act.

• It deprived the British Monarch of his right to veto bills or ask for the reservation of certain bills for his approval. But, this right was reserved for the Governor-General. The governor-general would have full power to assent to any bill in the name of His Majesty.

• It designated the governor-general of India as the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.

• It dropped the title of Emperor of India from the royal titles of the king of England.

• It discontinued the appointment to civil services and reservation of posts by the secretary of state for India. The member of the civil services appointed before August 15, 1947, would continue to enjoy all the benefits they were entitled to.

At the stroke of midnight of 14-15 August 1947, the British rule came to an end, and power was transferred to the two (2) new independent Dominions of India and Pakistan. Lord Mountbatten became the first governor-general of the new Dominion of India. He swore in Jawahar Lal Nehru as the first Prime Minister of independent India. The Constituent Assembly of India formed in 1946 became the Parliament of Indian dominion.

Table: First Cabinet of Free India (1947)

Sl No.	Members	Portfolios Head
1.	Jawaharlal Nehru	Prime Minister, External Affairs, Commonwealth relations, Scientific research.
2.	Sardar Vallabhbhai Patel	Home, Information, Broadcasting, States.
3.	Dr. Rajendra Prasad	Food, Agriculture.
4.	Maulana Abul Kalam Azad	Education.
5.	Dr. John Mathai	Railways, Transport.
6.	R.K. Shanmugham Chetty	Finance.
7.	Dr. B.R. Amdedkar	Law.
8.	Jagjivan Ram	Labour.
9.	Sardar Baldev Singh	Defense.
10.	Raj Kumari Amrit Kaur	Health.
11.	C.H. Bhabha	Commerce.
12.	Rafi Ahmad Kidwai	Communication.
13.	Dr. Shyama Prasad Mukherjee	Industries, Supplies.
14.	V.N. Gadgil	work, Mines, Power.

👉Previous Page:The Crown Rule (1858- 1947) - Part VI : Government of India Act (1935)

👉Next Page:Sadan of Jharkhand: Jharkhand History- JPSC/ JSSC

Read More

The Crown Rule (1858- 1947) - Part VI : Government of India Act (1935)

The Crown Rule (1858-1947) - Part VI

Government of India Act (1935)

The Act marked a second milestone towards a completely responsible government of India. It was a lengthy and detailed document having 321 Sections and 10 Schedules.

Features of Act:

• It provided for the establishment of an All India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three (3) lists- Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items), and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.

• It abolished dyarchy in the provinces and introduced 'provincial autonomy' in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.

• It 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.

• It introduced bicameralism in six (6) out of eleven (11) provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces were made bicameral consisting of a legislative council (Upper House) and a legislative assembly (Lower House). However, many restrictions were placed on them.

• It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled caste), women, and labor (workers).

• It abolished the Council of India, established by the Government of India Act, (1858). The secretary of state for India was provided with a team of advisors.

• It extended franchise. About 10% of the total population got the voting right.

• It provided for the establishment of a Reserve Bank of India (RBI) to control the currency and credit of the country.

• It provided for the establishment of a Federal Public Service Commission and a Provincial Public Service Commission and Joint Public Service Commission for two (2) or more provinces.

• It provided for the establishment of a Federal Court, which was set up in 1937.

👉 Previous Page:The Crown Rule (1858- 1947) - Part V : Montagu-Chelmssford Reforms (1919)

👉 Next Page:The Crown Rule (1858- 1947) - Part VII : Indian Independence Act (1947)

Read More

The Crown Rule (1858- 1947) - Part V : Montagu-Chelmssford Reforms (1919)

The Crown Rule (1858-1947) - Part V

Montagu-Chelmsford Reforms

On August 20, 1917, the British Government declared, for the first time, that its objective was with the gradual introduction of responsible government in India as the Government of India Act.

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 secretary of State for India and Chelmsford was the Viceroy of India).

Features of the Act:

• It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The central and provincial legislature was authorized to make laws on their respective list of subjects. However, the structure of government continued to be centralized and unitary.

• It further divided the provincial subjects into two (2) parts- transferred subjects and reserved subjects. The transferred subjects were to be administered by the governors with the aids of ministers responsible for the legislative council. The reserved subjects were to be administered by the government and his executive council without being responsible to the legislative council. This dual scheme of governance was known as 'dyarchy'- a term is derived from the Greek word 'di-arche' = double rule. However, this experiment was largely unsuccessful.

• It introduced, for the first time, 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 Houses were chosen by direct election.

• It required that the three (3) of the six (6) members of the Viceroy's executive council (other than the commander-in-chief) were to be Indian.

• It extended the principle of communal representation by providing a separate electorate for Sikhs, Indian Christians, Anglo-Indians, and Europeans.

• It granted the franchise to a limited number of people on the basis of property, tax, or education.

• It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the secretary of State for India.

• It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants.

• It separated, for the first time, provincial budgets from the Central budget and authorized the provincial legislatures to enact their budgets.

• It provided for the appointment of a statutory commission to inquire into and report on its working after ten (10) years of its coming into force.

👉 Previous Page:The Company Rule (1773- 1858)- Part IV : Charter Act (1853)

👉 Next Page:The Crown Rule (1858- 1947) - Part VI : Government of India Act (1935)

Read More

The Company Rule (1773- 1858)- Part IV : Charter Act (1853)

The Company Rule (1773- 1858) - Part IV

Charter Act of 1853:

This was the last of the series of Charter Acts passed by the British Parliament between 1793 to 1853. It was a significant constitutional landmark.

Features of Act:

• It separated, for the first time, the legislative and executive functions of the Council of Governor-General. It provided for the addition of six (6) new members called legislative councilors to the council.

• It established a separate legislative council of Governor-General, which came to be known as the Indian (Central) Legislative Council. This legislative wing of the council functioned as a 'Mini Parliament' adopting the same procedures as the British Parliament. Thus, legislation for the first time was treated as a special function of the government, requiring special machinery and special process.

• It introduced an open competition system of selection and recruitment of civil servants. The covenanted civil service was thus thrown open to Indians also. According to Macaulay Committee (the Committee on the Indian Civil Servants) was appointed in 1854.

• It extended the Company's rule and allowed it to retain the possession of Indian territories on trust for the British Crown. But, it did not specify any particular period, unlike the previous Charters. This was a clear indication that the Company's rule could be terminated at any time the Parliament liked.

• It introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six (6) new legislative members of the council of Governor-General, four (4) were appointed by the local (provincial) governments of Madras, Bombay, Bengal, and Agra.

👉Previous Page:The Company Rule (1773- 1858)- Part III : Charter Act (1833)

👉 Next Page:The Crown Rule (1858- 1947) - Part V : Montagu-Chelmssford Reforms (1919)

Read More

The Company Rule (1773- 1858)- Part III : Charter Act (1833)

The Company Rule (1773- 1858) - Part III

Charter Act of 1833:

This act was the final step towards centralization in British India.

Features of Act:

• It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. Lord William Bentick was the first governor-general of India.

• It deprived the governor of Bombay and Madra of their legislative powers. The Governor-General of India was given exclusive legislative powers for entire British India. The laws made under the previous acts were called as Regulations while laws made under this act were called ac Acts.

• It ended the activities of the East India Company (EIC) as a commercial body, which became purely as an administrative body. It provided that the company's territories in India were held by it "in trust for His Majesty, His heirs, and successors".

• The Charter Act of 1833 attempted to introduce a system of open competition for the selection of civil servants and stated that the Indians should not be debarred from holding any place, office, and employment under the Company. However, this provision was negated after opposition from the Court of Directors. 

👉 Previous Page:The Company Rule (1773- 1858)- Part II : Pitt's India Act (1784)

👉Next Page:The Company Rule (1773- 1858)- Part IV : Charter Act (1853)

Read More

The Company Rule (1773- 1858)- Part II : Pitt's India Act (1784)

The Company Rule (1773- 1858) - Part II

Pitt's India Act of 1784:

In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1784, also known as the Act of Settlement. The next important act was the Pitt's India Act of 1784.

Features of the Act:

• It is distinguished between the commercial and political functions of the Company.

• It allowed the Court of Directors to manage the commercial affairs but created a new body called the Board of Control to manage the political affairs. Thus, it established a system of double government.

• It empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.

Thus, the act was significant for two (2) reasons:

• The Company's territories in India were for the first time called the 'British possessions in India'.

• The British Government was given supreme control over Company's affairs and its administration in India.

👉 Previous Page:The Company Rule (1773- 1858)- Part I : Regulating Act (1773)

👉 Next Page:The Company Rule (1773- 1858)- Part III : Charter Act (1833)

Read More

The Company Rule (1773- 1858)- Part I : Regulating Act (1773)

The Company Rule (1773- 1858) - Part I

Regulating Act of 1773:

This act is of great constitutional importance as:

• It was the first step taken by the British Government to control and regulate the affairs of the East India Company (EIC) in India.

• It recognized, for the first time, the political and administrative functions of the Company.

• It laid the foundations of central administrations in India.

Features of the Act:

• It is designated the Governor of Bengal as the 'Governor-General of Bengal' and created an Executive Council of four (4) members to assist him. The first such Governor-General was Lord Warren Hastings.

• It made the governors of Bombay and Madras presidencies subordinate to the governor-general of Bengal, unlike earlier when the three (3) presidencies were independent of one another.

• It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three (3) other judges.

• It prohibited the servants of the Company from engaging in any private trade or accepting presents or brines from the natives.

• It strengthened the control of the British Government over the Company by requiring the Court of Directors (the governing body of the Company) to report on its revenue, civil, and military affairs in India. 

👉Previous page:The Crown Rule (1858- 1947) - Part IV : Morley-Minto Reforms (1909)

👉Next Page:The Company Rule (1773- 1858)- Part II : Pitt's India Act (1784)

Read More