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The crown rule 1858 to 1947

THE CROWN RULE (1858–1947)

 

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THE CROWN RULE (1858 to 1947)

The Crown Rule (1858–1947) :



↳ It is also known as British Raj's Direct Rule in India.

↳ The British Parliament ended the operations of the East India Company (EIC).

↳ The powers, territories, and revenues of the Government of India were transferred to the British Crown.



Government of India Act of 1858 :



↳ This act was enacted in the wake of the 1857 rebellion.

↳ Now onwards India is governed by the name of the British Queen.

↳ It is known as the Act for the Good Government of India.

↳ It designated the Governor-General of India as the "Viceroy of India".



        • The Viceroy is the direct representative of the British Crown.

        • Lord Canning was the first Viceroy of India.



↳ It Ended the system of double government.

↳ Created a new office called Secretary of State for India.



        • It contains a member of the British cabinet.

        • A 15-member Council of India was formed to assist him.



Indian Councils Act of 1861 :



↳ The Viceroy was to nominate some Indians as non-official members of his Council.



        • Lord Canning nominated 3 Indians to his legislative council.



                (1) Raja of Benaras - Dev Narayan Singh

                (2) Maharaja of Patiala - Maharaja Narinder Singh

                (3) Sir Dinkar Rao



↳ This act started the process of decentralization.

↳ Legislative powers were restored to the Bombay and Madras Presidencies.

↳ Created new Legislative Councils for Bengal, North-Western Frontier Province (NWFP) and Punjab.

↳ Lord Canning introduced the "portfolio (allocation of ministries)" system.

↳ In 1862, High Courts were established in Bombay, Madras, and Calcutta under the Indian High Courts Act, of 1861.

↳ In 1866 the High Court was established at Allahabad.

↳ It empowered the Viceroy to issue ordinances in case of emergency, the lifespan of the such ordinance being 6 months.

↳ Based on the law commission's recommendations



        • Code of Civil Procedure, 1859 was enacted.



                • It was Amended in 1860, 1861, 1878, 1879, 1882, and 1908.

                • After independence, major amendments were made in 1976 and 2002.



        • In 1860, the Indian Penal Code came into force.

        • The Criminal Procedure Code (CrPC) of 1861 came into force.



                • It was Amended in 1872, 1882, and 1898.

                • This continued until the present code came into force in 1973.



Indian Councils Act of 1892 :



↳ Increased the number of additional (non-official) members in the Central and provincial legislative councils.



        • Central Legislative Council - not less than 10 & not more than 16.

        • Provincial legislative council - not less than 8 & not more than 20.



↳ Increased the functions of legislative councils.



        • Power to discuss the budget.

        • Power to Legislative council to Address questions to the executive.



↳ Nomination of certain non-official members to the Central Legislative Council by the Viceroy.



        • On the recommendation of the Provincial Legislative Councils.

        • On the recommendation of the Bengal Chamber of Commerce.



↳ Nomination of certain non-official members to Provincial Legislative Councils by the Governor.



        • On the recommendation of the mentioned below



                • District Boards.

                • Municipalities.

                • Universities

                • Trade associations.

                • Zamindars and Chambers.



↳ The Viceroy nominated 6 Indians to the Governor's Council.



        Dadabhai Naoroji (First Elected - British Indian MP)

        Surendranath Banerjee

        Pherozeshah Mehta

        Gopal Krishna Gokhale

        Bilgrami

        Rash Behari Ghosh



↳ The Act contains an indirect provision to use elections to fill certain non-official positions.



Indian Councils Act of 1909 :



↳ This act is known as Morley-Minto Reforms.



        • Lord Morley - Secretary of State for India.

        • Lord Minto - Viceroy of India.



↳ The Central Legislative Council was raised from 16 to 60.

↳ The number of members of the Provincial Legislative Councils of Madras, Bengal, Bihar, Orissa, and the United Provinces increased to 50.

↳ The number of members of the Provincial Legislative Council of Punjab, Assam and Burma increased to 30.

↳ 4 types of members of the Governor General Legislative Council.



        • Nominated Executive Members

        • Nominated Non-Executive Members

        • Members by Rank

        • Elected Members



↳ It enhanced some other functions of the Legislative Council.



        • Members are allowed to ask supplementary questions.

        • Power to move a resolution on the budget.



↳ It provided for the association of Indians with the Executive Council for the first time.



        • Satyendra Prasad Sinha was the first Indian judiciary member of the Viceroy's Executive Council.



↳ The first time introduced electoral system.

↳ It introduced a system of communal representation.



        • It introduced a "separate electorate" for Muslims.

        • Lord Minto is known as the father of the communal electorate.



↳ Separate representation for mentioned below,



        • Presidency Corporations

        • Chambers of Commerce

        • Universities

        • Zamindars



Government of India Act of 1919 :



↳ Introduced responsible government in India (Increasing India's participation in every ministry).

↳ It came into force in 1921.

↳ This Act reflects the Preamble of our Constitution

↳ The first time introduced the Direct election procedure.

↳ This act is known as Montagu-Chelmsford Reforms.



        • Montagu - Secretary of State for India.

        • Chelmsford - Viceroy of India.



↳ Separated Central and Provincial subjects.



        • Provincial subjects are into two parts



                • Transferred subjects - Administered by the Governor and Ministers - responsible to the Legislative Council.

                • Reserved subjects - administered by the Governor and executive council - without responsibility to the Legislative Council.



↳ It introduced a dual governance scheme called "diarchy" at the regional level.

↳ A "parliamentary" system was established for the first time in India.

↳ The first time, Introduced bicameralism (Upper house - council of states & Lower house - central legislative assembly) and Both are established in 1921.

↳ It stated that 3 of the 6 members of the Viceroy's Executive Council (other than the Commander-in-Chief) should be Indians.

↳ It initiated separate electorates mentioned below



        • Sikhs

        • Indian Christians

        • Anglo-Indians

        • Europeans



↳ The franchise is granted to individuals on the basis of property, tax, or education.

↳ An office for the High Commissioner for India was created in London.

↳ In 1926, the Central Public Service Commission was established.

↳ For the first time, the provincial budget was separated from the central budget.

↳ Appointed a statutory commission to report the condition of India under its new Constitution after ten years. Such a commission is Simon Commission (1927).



Government of India Act of 1935 :



↳ This Act came into force in 1937.

↳ It introduced direct elections in India.

↳ Introduced responsible government in the provinces.

↳ Provinces and princely states were established as units.

↳ Powers are divided between the center and the units.



        • Federal List - Centre - 59 items.

        • Provincial List - provinces - 54 items.

        • Concurrent List - Centre & provinces - 36 items.



↳ Abolished dyarchy and introduced "Provincial autonomy".

↳ Bicameralism (Upper House - Legislative Council & Lower House - Legislature Assembly) was introduced in 6 out of 11 provinces.



        • Those 6 provinces are Bengal, Bombay, Madras, Bihar, Assam, and the United Provinces.



↳ Provided separate electorates for depressed classes (scheduled castes), women, and labor.

↳ Abolished the Council of India which was established by the Government of India Act of 1858.

↳ The franchise was extended – 10% of the total population got the right to vote.

↳ Reserve Bank of India was established.

↳ Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission were established.

↳ Federal Court was established in 1937.



Indian Independence Act of 1947 :



↳ It partitioned British India into two newly independent nations called India and Pakistan based on Lord Mountbatten's plan (Dickie Bird Plan).

↳ It declared India as an independent and sovereign state on August 15, 1947.

↳ It abolished the office of Viceroy.

↳ It is empowered to adopt any constitution for their respective countries and to repeal any Act of the British Parliament.

↳ It abolished the office of Secretary of State for India.

↳ The right to veto bills was removed from the British Monarch but reserved for the Governor-General.

↳ It discontinued the appointment to civil services.

↳ It discontinued the reservation of posts by the Secretary of State for India.

↳ The Governor General and Provincial Governors should exercise their functions on the advice of the Council of Ministers.

↳ Lord Mountbatten Governor General for India.

↳ Mohammad Ali Jinnah Governor General for Pakistan.

↳ Chakravarti Rajagopalachari was the first and last Governor-General of independent India.



Reference : Indian Polity by Laxmikanth

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