Government of India Acts

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The Government of India Acts are several basic statutes enacted in British India during the colonial period . All regulated the administrative structure and the local population's limited say. These laws and their amendments formed the constitution of the colony.

precursor

Several laws changed the British East India Company, beginning in 1773 ( Regulation Act ), 1784 ( India Act ), 1793, 1813 (far-reaching abolition of the trade monopoly), 1833/4 (administrative body without trading offices) from a trading company into an autonomous administrative organization under the control of the British crown around. After the Indian uprising of 1857 , the crown finally took direct control of the country and the company's shareholders were generously compensated.

Government of India Act 1858

Main article: Government of India Act 1858

With the Government of India Act 1858, which the British Parliament passed on August 2, 1858 under the influence of Palmerston , India became a crown colony. The main points of the law were:

  • the takeover of all territories in India from the East India Company, which at the same time lost the powers and powers of control that had previously been transferred to it.
  • the government of the estates in the name of Queen Victoria (from 1878 as Empress of India) as a crown colony. A Secretary of State for India was appointed to head the India Office , which directed the administrative administration from London. He was advised by a weekly advisory committee with ten to 14 members.
  • the takeover of all the company's assets and the entry of the crown into all previously concluded contracts and agreements.

At the same time, the last mogul Bahadur Shah II was deposed. From now on the Council of the Governor General ruled, which was subordinate to the India Office in London. The Doctrine of Lapse was abandoned; H. Princely states could again be inherited through adoption.

Government of India Act 1919

When the Home Rule movement in India , led by Annie Besant , which could not be suppressed by the drastic Rowlatt Act , gained ground from 1915 onwards, there was no avoiding cosmetic changes to the system of rule. In order to ensure the continued support of India in the First World War , Foreign Minister Edwin Samuel Montagu declared on August 20, 1917 that they wanted to slowly bring about self-determination in India. Like the Balfour Declaration and a similar promise made to Ireland, it turned out to be empty after the end of the war.

The constitutional amendment known as the Montagu-Chelmsford reform came about in the form of the Government of India Act 1919. Areas of responsibility were created that were only decided by the viceroy and his Executive Council ( reserved subjects ). The transferred subjects had to be decided by the governor general together with a specialist minister appointed by him. The regulation of jurisdiction, police, foreign and defense policy, as well as almost all infrastructure measures remained in the exclusive competence of the viceroy. Laws passed by Parliament in London could not be changed.

The House of Lords was a Council of State with 25 appointed members, 19 of whom were from the ICS. There were also 34 elected seats, 10 of which were reserved for Muslims, 3 for Europeans and 1 for Sikhs. Only the rich were eligible to vote every five years.

103 were elected every three years from the new Legislative Council with 143 members. Thirty seats were for Muslims, two for Sikhs, nine for Europeans, seven for landowners and two for traders. Of the appointees, 25 were officials. Ownership qualifications were also high. After easing, there were around 81,000 women among 1.4 million eligible voters in 1934. This with a population of 319 million. The viceroy had the right to convene and dissolve both chambers or to extend their term of office at will.

Chamber of Princes

The Chamber of Princes was created in 1921 as an advisory body to represent the interests of the princely states. Outside of their annual meeting, a standing committee directed the business. Members were the 108 princes to whom the British had granted a right to 11 or more rounds of salute . In addition there were twelve other members who were selected from 127 smaller rulers.

India Office

The council attached to the Secretary of State was reduced to eight to twelve members. Half of them must have lived in India for at least 10 years. They received a salary of £ 1200 for their monthly meetings, plus £ 600 if they had their primary residence in India.

Provincial level

For the existing provinces of Madras , Bombay and Bengal , a governor was appointed for the United Provinces (UP), Assam , Bihar and Orissa , the Central Provinces (CP), Burma (from 1923) and Panjab . The provincial governors were assigned an Executive Council with two members, one of whom was Indian. Further ministers from the legislature could be co-opted. Indian ministers at the provincial level were given mainly control over public works, libraries, zoos, museums, local consumption taxes, gambling, animal welfare, local government, education and health services for Indians. Full control over the finances and Europeans remained denied. In the event that a legislative council did not approve a bill, the governor could still make it law. No more than 20% of the members of the legislature, to be elected every three years, were allowed to belong to the ICS, 70% had to be elected (according to communalist principles), and some seats were reserved for minorities. The latter also included Anglo-Indian mixed race, Christians, universities and large landowners. Non-insane male British subjects who were at least 21 years of age and who paid a certain rate of property or income tax were eligible to vote . The right to stand for election had innocent men at least 25 years old who were not subject to financial collapse.

In the course of time, amendment laws were passed that regulated various aspects of administration. These were:

  • Government of India (Amendment), 1933
  • Government of India (Civil Services) Act, 1925
  • Government of India (Indian Navy) Act, 1927
  • Government of India (Leave of Absence) Act, 1924
  • Government of India (Reprinting) Act, 1935
  • Government of India (Statutory Commission) Act, 1927

There was no self-determination in "backward areas," including border areas, Burma (until 1923), the North-West Frontier Province , Coorg (from 1923 Council with severely restricted rights), Balochistan , Delhi (still governed under Act XIII of 1912) and Ajmer-Merwara belonged. The Chief Commissioner Councils should set up there with an advisory function. Scheduled Districts, according to the regulations of 1874, such as the Chittagong Hill Tracts , Laccadives , etc. were also excluded .

Government of India Act 1935

With the Government of India Act 1935 , a structure with clearly defined areas was constitutionally established for the first time. Starting with the Simon Commission , consultations on reform began in 1927. From 1932, Indian nationalist forces no longer took part in the deliberations of the round table. The concessions won in Gandhi's campaign of civil disobedience in 1930–31 did not become part of the law that came into force in August 1935. The offer of Dominion status made by Lord Irwin in 1929 was also tacitly ignored.

The planned direct election of the central parliament to be created was transformed into an indirect one. A major step forward was the introduction of ministerial responsibility and an extension of the voting rights for the second chambers at provincial level, now 30 million compared to 6½ million before. A federation with the princely states was to be created, but only after at least half of the Rajas had declared their willingness to join. The newly created Central Reserve Bank and the railways remained outside parliamentary control. Final control of state finances passed from London to the Viceroy in New Delhi. The governors retained the right to convene or dissolve the legislatures. Border regions continued to be excluded from self-government. Section 93 gave the governor the right to place individual provinces under his direct administration for an indefinite period of time. The structures created served in many ways as a template for the Indian constitution that came into force after independence .

A bi-cameral parliament should be created at the central level. The House of Lords (Council of State) should have 276 members, 104 of whom were named by the princes. In the Federal Assembly 125 of the 375 members should have been appointed. But the necessary quorum of the princes was never achieved. At the central administration level, the situation remained in effect from 1919 until further notice.

Burma was spun off from British India as a separate colony in 1936, which was regulated in the Government of Burma Act 1935. Certain areas were declared excluded areas , in which Indian laws should not apply, but which were under the direct administration of the respective governor. Most of these areas were in the area of ​​undivided Assam.

Provinces

The reforms at the provincial level were implemented. The first elections to the new parliaments were planned for 1937. There was an intense debate within the Congress party as to whether one should take part in the elections. At the party congresses in Lucknow and Faizapur , it was decided to take part in the elections, but not yet whether or not to accept the mandates.

In the elections, Congress won 716 out of a possible 1161 seats. Except in Bengal, Northwest Frontier Province , Panjab and Sind, the majority was obtained. In July 1937, Congress governments were formed in six provinces , with Assam and NWFP added later. This was the first time that Indians were effectively included in the political decision-making process. The nationalists used their offices creatively to advocate full independence. In October 1939, all Congress Ministers resigned because the British only wanted to be supported in World War II if the country had obtained full independence. The central government ruled mainly through emergency ordinances ( ordinances ) within the framework of martial law.

literature

  • Herbert Cowell: History and Constitution of the Courts and Legislative Authorities in India . 6th edition. Calutta 1914, 1933 printing.
  • Arthur Berriedale Keith: Constitutional History of India 1600-1935 . London 1936.
  • HH Dodwell: The Indian Empire 1858-1918: With chapters on the development of Administration 1818-1858 . Cambridge 1932; Cambridge History Of India, VI.
  • K. Venkoba Rao: Indian constitution: Being an outline of the law, history and custom of the constitution and a commentary on the Government of India act, 1935. With full notes, extracts from documents, and app. On India office, Indian states and fundamental rights. With a foreword by Sir Ivor Jennings. Suppl. Up to July 1, 1949; Madras 1948.

Individual evidence

  1. ↑ a b British India
  2. ↑ 21 and 22 Vic., C. 106.
  3. ↑ Chandra, Bipan; India's Struggle for Independence; New Delhi [u. a.] 1989, pp 114f, 142f, 168
  4. ↑ Ramusack, Barbara N .; The Indian Princes and Their States; New Cambridge History of India, Vol. III, 6; Cape. 4th
  5. ↑ 26 Geo. V, c. 2
  6. ↑ This provision lives on as the “ President's rule ” in the Indian constitution to this day.