Homo Sapiens

Homo Sapiens

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Homo Sapiens episodes

  • Government of India Act 1935

    Salient Features of the Government of India Act 1935 were as follows:

    • Abolition of provincial dyarchy and introduction of dyarchy at centre.
    • Abolition of Indian Council and introduction of an advisory body in its place.
    • Provision for an All India Federation with British India territories and princely states.
    • Elaborate safeguards and protective instruments for minorities.
    • Supremacy of British Parliament.
    • Increase in size of legislatures, extension of franchise, division of subjects into three lists and retention of communal electorate.
    • Separation of Burma from India

      • >DPSP (taken from instrument of instruction of GOI 1935)

      >Local Self Government + Provincial and federal judiciary = originated in GOI 1935

      10 min
    • Poona Pact/ Communal Award 1932

      Poona Pact/ Communal Award [1932]:

      Poona Pact – Important Facts
      • Dr Ambedkar was in favour of a separate electorate for the Depressed Classes and this was laid down by him in the First Round Table Conference. He was representing the Depressed Classes in the conference.
      • Gandhi was against this idea and when PM Macdonald decided to grant communal awards to minorities and the Depressed Classes, he undertook a fast whilst in jail in Poona.
      • Due to public pressure to end the fast unto death, Dr Ambedkar and Gandhi made the Poona Pact which laid down reserved seats for the Depressed Classes in the provincial legislatures for which elections would be through joint electorates.
      • Gandhi was against this idea because he did not want to view the untouchables as being outside the folds of Hinduism.
      • Certain seats for the provincial legislatures would be reserved for the Depressed Classes. The number of seats was based on the total strength of the Provincial Councils. The number of seats reserved for the provinces were 30 for Madras, 8 for Punjab, 15 for Bombay with Sindh, 20 for the Central Provinces, 18 for Bihar and Orissa, 30 for Bengal, 7 for Assam and 20 for the United Provinces. So, in total there were 148 reserved seats.
      • For each of these seats, the members of the Depressed Classes who could vote would form an electoral college. This Electoral College would elect a panel of four candidates who belong to the Depressed Classes. These candidates would be elected on the basis of a single vote. Four candidates getting the highest number of votes would be elected.
      • Then these four candidates would stand in the election for the assembly along with the general candidates where the general electorate would vote. The members of the Depressed Classes hence got a ‘double vote’ since they could vote under the general electorate also.
      • Even in the Central Legislature, the same principle of joint electorate and reserved seats was to be followed.
      • In the Central Legislature, 19% of the seats would be reserved for the Depressed Classes.
      • This system would continue for ten years unless a mutual agreement consents to terminate it earlier.
      • Fair representation of the Depressed Classes would be ensured by all means.
      • Nobody would be discriminated against on the basis of caste on matters regarding election to the local bodies or in public services appointments.
      • A certain sum of money from the educational grant would be allotted for the education of the Depressed Classes in all provinces.
        • 6 min
      • Simon Commission 1927-30

        Simon Commission [1927-1930]:

        Why was Simon Commission boycotted?

        Indian Response:

        • Indians were outraged at their exclusion from the Commission.
        • The Congress Party decided to boycott the Commission at their session at Madras in 1927.
        • The Muslim League led by M A Jinnah also boycotted it. A certain section of members led by Muhammad Shafi supported the government.
        • The Justice Party in the South decided to side with the government on this issue.
        • When the Commission landed in February 1928, there were mass protests, hartals and black flag demonstrations all over the country.
        • People were chanting the slogan, ‘Simon Go Back.’
        • The police resorted to lathi charges to suppress the movement. Even senior leaders like Pandit Nehru were not spared.
        • In Lahore, Lala Lajpat Rai, who was leading the demonstration against the Simon Commission, was brutally lathi-charged. He died later that year due to injuries sustained then.
        • Dr B R Ambedkar had submitted a report on behalf of the Bahishkrita Hitakarini Sabha on the education of the depressed classes in the Bombay Presidency.
          • Impact of the Simon Commission
          • The Commission’s report was published in 1930. Before the publication, the government assured that henceforth, Indian opinion would be considered and that the natural outcome of constitutional reforms would be dominion status for India.
          • It recommended the abolition of diarchy and the setting-up of representative governments in the provinces.
          • It also recommended the retention of separate communal electorates until the communal tensions had died down.
          • The Simon Commission led to the Government of India Act 1935 which acted as the basis for many parts of the current Indian Constitution.
          • The first provincial elections were held in 1937 and it saw Congress governments being set up in almost all the provinces.
          • The arrival of the Commission gave an impetus to the Indian independence movement by galvanizing leaders and masses.
            • 8 min
          • Government of India Act 1919

            GOI Act 1919:

            1. It relaxed the central control over the provinces by demarcating  and separating the central and provincial subjects. The central and  provincial legislatures were authorised to make laws on their respective  list of subjects. However, the structure of government continued to be  centralised and unitary.

            2. It further divided the provincial subjects into two  parts—transferred and reserved. The transferred subjects were to be  administered by the governor with the aid of ministers responsible to  the legislative Council. The reserved subjects, on the other hand, were  to be administered by the governor and his executive council without  being responsible to the legislative Council. This dual scheme of  governance was known as ‘dyarchy’—a term derived from the Greek word  diarche which means double rule. However, this experiment was largely  unsuccessful.

            3. 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 the Houses were chosen by direct election.

            4. It required that the three of the six members of the Viceroy’s  executive Council (other than the commander-in-chief) were to be Indian.

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

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

            7. 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.

            8. 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.

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

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

            8 min
          • Council of India Act 1909

            Council Act 1909:

            • The legislative councils at the Centre and the provinces increased in size.
              • Central Legislative Council – from 16 to 60 members
              Legislative Councils of Bengal, Madras, Bombay and United Provinces – 50 members each
              Legislative Councils of Punjab, Burma and Assam – 30 members each
            • The legislative councils at the centre and the provinces were to have four categories of members as follows:
              • Ex officio members: Governor-General and members of the executive council.
              Nominated official members: Government officials who were nominated by the Governor-General.
              Nominated non-official members: nominated by the Governor-General but were not government officials.
              Elected members: elected by different categories of Indians.
            • The elected members were elected indirectly. The local bodies elected an electoral college who would elect members of the provincial legislative councils. These members would, in turn, elect the members of the Central legislative council.
            • The elected members were from the local bodies, the chambers of commerce, landlords, universities, traders’ communities and Muslims.
            • In the provincial councils, non-official members were in a majority. However, since some of the non-official members were nominated, in total, a non-elected majority was there.
            • Indians were given membership to the Imperial Legislative Council for the first time.
            • It introduced separate electorates for the Muslims. Some constituencies were earmarked for Muslims and only Muslims could vote their representatives.
            • The members could discuss the budget and move resolutions. They could also discuss matters of public interest.
            • They could also ask supplementary questions.
            • No discussions on foreign policy or on relations with the princely states were permitted.
            • Lord Minto appointed (on much persuasion by Morley) Satyendra P Sinha as the first Indian member of the Viceroy’s Executive Council.
            • Two Indians were nominated to the Council of the Secretary of State for Indian affairs.
              • 5 min
            • Council of India Act 1892

              Council Act 1892:

              • The act increased the number of additional or non-official members in the legislative councils as follows:
                • Central Legislative Council: 10 – 16 members
                Bengal: 20 members
                Madras: 20 members
                Bombay: 8 members
                Oudh: 15 members
                North Western Province: 15
              • In 1892, out of 24 members, only 5 were Indians.
              • The members were given the right to ask questions on the budget (which was barred in the Indian Councils Act 1861) or matters of public interest but had to give notice of 6 days for it.
              • They could not ask supplementary questions.
              • The principle of representation was initiated through this act. The district boards, universities, municipalities, chambers of commerce and zamindars were authorised to recommend members to the provincial councils.
              • The legislative councils were empowered to make new laws and repeal old laws with the permission of the Governor-General.
                • 6 min
              • Council of India Act 1861

                Council Act 1861:

                • For the executive functions of the Council, a fifth member was added. Now there were five members for home, military, law, revenue and finance. (A sixth member for public works was added in 1874.)
                • Lord Canning, who was the Governor-General and Viceroy at the time, introduced the portfolio system. In this system, each member was assigned a portfolio of a particular department.
                • For legislative purposes, the Governor-General’s Council was enlarged. Now, there were to be between 6 and 12 additional members (nominated by the Governor-General).
                • There were appointed for a period of 2 years. Out of these, at least half of the additional members were to be non-official (British or Indian).
                • Their functions were confined to legislative measures.
                • Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao.
                • Any bill related to public revenue or debt, military, religion or foreign affairs could not be passed without the Governor-General’s assent.
                • The Viceroy had the power to overrule the council if necessary.
                • The Governor-General also had the power to promulgate ordinances without the council’s concurrence during emergencies.
                • The Secretary of State for India in Britain could also dissolve any act passed by the Governor-General’s Council.
                • This Act restored the legislative powers of the Governor-in-Councils of the Presidencies of Madras and Bombay (which was taken away by the Charter Act of 1833).
                • The legislative council of Calcutta had extensive power to pass laws for the whole of British India.
                • There was provision made for the formation of legislative councils in other provinces. New provinces could also be created for legislative purposes and Lieutenant Governors be appointed for them. Legislative councils were formed in other provinces in Bengal in 1862, North-West Frontier Province in 1886 and Punjab and Burma in 1897.
                  • 9 min
                • Government of India Act 1858

                  GOI Act 1858:


                  East India Company was liquidated.

                  • Indian territories of Britain were to be governed in the name of the British Queen.
                  • The Court of Directors and the Board of Control were scrapped.
                  • The powers of the Company’s Court of Directors were vested with the Secretary of State for India.
                  • This Secretary of State was to be a British MP and a member of the Prime Minister’s cabinet. He was to be assisted by a council of 15 members.
                  • He was also the channel of communication between the British government in Britain and the Indian administration. He also had the power to send secret despatches to India without consulting his council.
                  • Via the Secretary of State, the British parliament could ask questions regarding Indian affairs.
                  • The representative of the British government in India was the Governor-General and Viceroy (both the same person to avoid conflict).
                  • The Viceroy and the governors of the various presidencies were appointed by the Crown.
                  • The Viceroy was to be assisted with an Executive Council.
                  • This act made India a direct British colony.
                  • This act abolished the dual government of the Pitt’s India Act.
                  • This act also ended the doctrine of lapse.
                  • The Indian Civil Services was to be instituted for the administration of the country. There was provision for Indians also to be admitted to the service.
                  • It was decided that the remaining Indian princes and chiefs (more than 560 in number) would have their independent status provided they accept British suzerainty.
                    • 5 min
                  • Charter Act 1853

                    Charter Act 1853:

                    • Governor-General’s office
                      • The Law member (fourth member) became a full member with the right to vote.
                      The Legislative Council which had six members now had 12 members.
                      The 12 members were: 1 Governor-General, 1 Commander-in-Chief, 4 members of the Governor-General’s Council, 1 Chief Justice of the Supreme Court at Calcutta, 1 regular judge of the Supreme Court at Calcutta, and 4 representative members drawn from among the company’s servants with at least 10 years tenure, appointed by the local governments of Bengal, Bombay, Madras and North Western Provinces.
                      The Governor-General could nominate a vice president to the council.
                      The Governor-General’s assent was required for all legislative proposals.
                    • The Court of Directors could create a new presidency or province. This was because of the difficulties that were faced in administering the increasingly large Indian territories of Britain.
                      • Since 1833 and 1853, two new provinces of Sind and Punjab were added.
                      It could also appoint a Lieutenant Governor for these provinces. In 1859, a Lt. Governor was appointed for Punjab.
                      This Act also led to the creation of Assam, Burma and the Central Provinces.
                    • The Act provided for the appointment of a separate governor for the Bengal Presidency. It maintained that the governor of Bengal should be different from the Governor-General who was to head administration of the whole of India.
                    • The number of Board of Directors was reduced from 24 to 18 out of which 6 people were to be nominated by the British Crown.
                    • Indian Civil Services
                      • Macaulay Committee of 1854 gave India her first civil services.
                      This act removed the right of patronage to appointments in civil service held by the Court of Directors.
                      Appointment was to be done only by open competition based on merit and was open to all.
                      The report recommended that only the ‘fittest’ be selected to the ICS.
                      8 min
                    • Charter Act 1833

                      Charter Act 1833:


                      India became a British colony

                      • The Charter Act of 1833 was a significant constitutional instrument defining the scope and
                      • authority of the East India Company. The liberal and utilitarian philosophy of Bentham
                      • was made popular by the provisions of this Act. Following were the important provisions:
                      • (i) The English East India Company ceased to be a commercial agency in India. In other words,
                      • it would function hereafter as the political agent for the Crown.
                      • (ii) The Governor-General of Fort William was hereafter called ‘the Governor- General of
                      • India’. Thus, Bentinck was the first Governor-General of India’.
                      • (iii) A Law Member was appointed to the Governor-General’s Council. T. B. Macaulay
                      • was the first Law Member of the Governor- General-in-Council.
                      • (iv) The Act categorically stated ‘that no native of India, nor any natural born subject of His
                      • Majesty, should be disabled from holding any place, office, or employment, by reason of his
                      • religion, place of birth, descent or colour”. It was this enactment which laid the foundation for
                      • the Indianisation of public services.
                        • 8 min

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