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DAILY
CLASS NOTES
Modern History

Lecture – 29
Moderates Achievements
and Lord Curzon
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Moderates Achievements and Lord Curzon

The Crown’s Rule (1858-1947)
Background before the Act for the better Government of India 1858
 Charter Act of 1853
 The East Indian Company was to retain the territories and the revenues in India
in trust for the Crown not for any specified period.
 It was only until parliament should otherwise direct.
 Crisis of 1857
 It provided the opportunity for transferring control from the company to
the Crown.
 Lord Palmerston introduced the Bill for Better Government of India in the
House of Commons in February 1858.
 Ministry was changed in the second reading:
 Lord Derby, was the then UK Prime Minister.
 Disraeli as the chancellor of the exchequer succeeded.
 Disraeli introduced a new Bill.
 The Act for the Better government of India was passed.
 The Royal assent was received on August 2, 1858.
Features of the Act for the Better government of India or the Government of India Act, 1858
 It was known as the Act for the Good Government of India.
 It abolished the East India Company.
 It transferred the powers of government, territories and revenues to the British Crown.
 India was to be governed by and in the name of her majesty.
 It ended the system of Double Government introduced by Pitt's India Act of 1784
 The Crown to appoint a Governor-General and the Governors of the Presidencies.
 The Secretary of State for India (member of the British Cabinet as well).
 The Board of Control and the Court of Director was abolished.
 It created a new office of the Secretary of State.
 The Crown vested with complete authority and control over Indian administration
Communication channel of the Administration:
 A 15-member council of India [India Council].
 It is an advisory body.
 Its chairman was the secretary of state.
 It served in India min 10 years
 not away max 10 years
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 The appointment to covenanted civil services were to be made by open competition under the rules
laid down by the sec. of state with the help of civil service commissioners.
 The Governor- General of India became the Viceroy of India.
 He was the Direct representative of the crown in India,
 Lord Canning became the first Viceroy of India.

Other major changes:

 No interference in religion
 Reorganisation of the army under the Jonathan Peel Commission.
 Policy towards Princely states with respect to Subordinate Union.
Acts after 1858:
 The Indian Councils Act 1861
 The Indian Councils Act 1892
 The Indian Councils Act 1909
 The Government of India Act 1919
 The Government of India Act 1935
 The Indian Independence Act 1947
Indian Councils Act 1861:
 Title
 An Act to make better Provision for the Constitution of the Council of the
Governor General of India, and for the Local Government of the several
Presidencies and Provinces of India, and for the temporary Government of
India in the event of a Vacancy in the Office of Governor General.
 The Act of 1858 brought changes in the Home Government.
 There was certain problem with the statements:
 Closer contacts with the Indian public opinion. Sir Syed Ahmed Khan
was also vocal about this.
 The Charter act of 1833 legislation had been centralized in nature.
 The legislative council became a small parliament.
 Features:
 The Act added to the Viceroy's Executive council a fifth member who was to be a gentleman of legal
profession, i.e., a jurist rather than a technical lawyer.
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 The Act empowered the Viceroy to make rules for the more convenient transaction of business in
the council. This power was used by Lord Canning to introduce the portfolio system in the
Government of India.
Similar Provision in Constitution of India:
 Article 77 talks about the Conduct of business of the Government of India
1. All executive action of the Government of India shall be expressed to be taken in the name of the
President.
2. Orders and other instruments made and executed in the name of the President shall be authenticated in
such manner as may be specified in rules to be made by the President, and the validity of an order or
instrument which is so authenticated shall nor be called in question on the ground that it is not an order
or instrument made or executed by the President.
3. The President shall make rules for the more convenient transaction of the business of the
Government of India, and for the allocation among Ministers of the said business.
 The Act also empowered the viceroy to issue ordinances, without the concurrence of the legislative
council, during an emergency. The span of the ordinance was 6 months.
Similar Provision in Constitution of India:
 Article 123 in The Constitution of India 1949
 Article 123 mandates the Power of President to promulgate Ordinances during recess of Parliament.
1. If at any time, except when both Houses of Parliament are in session, the President is satisfied that
circumstances exist which render it necessary for him to take immediate action, he may promulgate such
Ordinance as the circumstances appear to him to require
2. An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament,
but every such Ordinance.
 “Shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six
weeks from the …”

 Additional 6-12 legislative members were nominated by the Governor General.

 At least half should be non-official [50%].
 The beginning of representative institutions by involving the Indians in the law-making process.
 The viceroy should nominate some Indians as non-official members of his expanded council for a
term of 2 years.
Lord Canning (1858 – 1862)
 1862: Lord Canning nominated three Indians to his legislative council, the Raja of Benaras, the Maharaja of
Patiala and Sri Dinkar Rao.
 No statutory provisions for admission of Indians but in practice some of the non-officials seats
were offered to ‘natives of high rank’.
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 Process of decentralization by restoring the

legislative powers of the Bombay and Madras
Presidencies.
 This way it reversed the centralizing tendency that
started from the Regulating Act of 1773 and reached
its climax under the charter act of 1833.
 No laws would be valid unless assent given by the
Governor General.
 In certain matters like PnT, naval, military, currency,
prior approval is mandatory.
 It provided for the establishment of new legislative
councils for
 Bengal 1862
 North-Western Frontier Province (NWFP) 1886
 Punjab 1897
 Function of the new councils were confined mainly to legislation.
 It expressly forbidden to transact any business except the consideration and enactment of
legislative measures before them.
 It could not entertain any motion except a motion for leave to introduce a bill or having
reference to a bill actually introduced.
 They could not inquire into grievances.
 They can’t Call for information or examine the conduct of the executive.
 The acts of administration could not be impinged nor were they to be defended in such
assemblies.
 Thus, the conduct of administration including all matters connected with finance remained under
the exclusive purview and control of the wholly official executive councils.
Assessment of the Act of 1861:
 Gradual construction and consolidation of the mechanical framework of the government.
 The three separate presidencies were brought into a common system.
 The legislative and administrative authority of the Governor-General-in-council was asserted over all the
provinces.
 The principle of identifying local needs.
 There was no attempt to demarcate the jurisdiction of the central and local legislatures.
 To conclude, no way established representative government in India on the model prevalent in England or
England's White colonies, in the functioning of the house of commons or the colonial representative
assemblies there were no limitations on the discussion of financial matters and taxation as provided for
in the Act of 1861.
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 Legislative Council at Centre

 Strictly limited to legislation
 No control over finances
Indian Councils Act 1861:

 It was nominated by Governor General | 2 years term | >=½ non officials.

 There were no statutory provisions for admission of Indians but in practice some of the non-officials seats
were offered to ‘natives of high rank’.
 The Legislative council at centre was strictly limited to legislation and would have no control over finances.
Viceroy's Executive Council:
 Secretary of State for India - 3 members.
 Queen - 2 members.
 It took charge of a separate department: home, revenue, military, law, and finance.
 The military Commander-in-Chief sat in with the council as an extraordinary member.
 The Viceroy was allowed, under the provisions of the Act, to overrule the council on affairs if he deemed it
necessary.
 In 1869, it gave the power to appoint all five members to the Crown.
 In 1874 a new member was added to be in charge of public works.
 So after 1874 there were 6 members in the executive council.
Acts after 1858:
 The Indian Councils Act 1861
 The Indian Councils Act 1892
 The Indian Councils Act 1909
 The Government of India Act 1919
 The Government of India Act 1935
 The Indian Independence Act 1947
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Indian Councils Act 1892 :

 The Indian Councils Act, 1892 was also known as the Lord Cross Act.
 The Conservative Ministry in England at the instance of Lord Cross,
Secretary of state of India, introduced in 1890 a bill in the House of Lords
on the basis of these proposals but it proceeded at a slow pace and was passed
only two years later.
 It exclusively deals with Legislative councils in India Powers, functions and
composition.
 Features of the Act of 1892
 With regards to the central legislature, the Act provided that the number
of additional members must not be less than 10 or more than 16.
 Also, it was subject to the approval of the Secretary of state in council.
 The Governor-General was to make regulations under which the nomination of the additional members
was to be made.
Lord Lansdowne (1888 – 1894)
 1891: The Age of consent act in which the marriage of girls below 12 years old is prohibited.
 1891: Factory Act amendment took place.
 1893: Setting up of Durand Commission (India-Afghanistan)
 The act also provided that two-fifths of the total members of the council were to be non-officials
who were to be partly nominated and partly elected.
 One of the significant features of the Indian Councils Act of 1892 was the principle of election.
 The process was described as a nomination made on the recommendation of certain bodies.
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 Universities,
 District boards,
 Municipalities,
 Zamindars,
 Trade bodies
 Chambers of commerce
 Above were empowered to recommend to provincial councils.
 The rights of the members of the legislatures were also increased.
 They were now entitled to express their views on financial statements which were henceforth to be
made on the floor of the legislature and give necessary suggestions for increasing or decreasing
revenue and expenditure.
 Although they were not empowered to move resolutions or divide the house in respect of any
financial question.
 However, they were empowered to put questions within certain limits to the Government on
matters of public interest after giving a notice of 6 days.
 With regards to the provincial legislatures: The Act increased the number of additional members
 Bombay and Madras - 8-20
 Bengal - 20 max
 NWFP and Oudh - max 15
Assessment of the Act of 1892:
 It questions the executive.
 It gave some powers over financial accounts and a budget. For ex - The general observation on the budget
and give necessary suggestions.
 The eminent Indian leaders now found their way in the legislatures. E.g.,
 Gopal Krishna Gokhale
 Asutosh Mookherji
 Ras Bihari Ghosh
 Surendra Nath Banerjee
Criticism:
 The critics pointed out that the system of election in the Act was a roundabout one.
 It was only a nomination.
 The government can accept or reject the nomination.
 Functions of the legislative councils.
 There were no provisions of supplementary questions.
 Any question could be disallowed and no remedy against it.
 The rules of elections were termed as unsatisfactory because several classes were over represented
while others did not get any representation at all.
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