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Introduction of the Indian Councils Act 1892

  • The Indian Councils Act 1892 was a law passed by the Parliament of the United Kingdom, aimed at expanding the size of various legislative councils in British India.

Background

  • The evolution of the Indian Constitution post-1861 is marked by a cycle of political dissatisfaction and agitation, interspersed with Council reforms.
  • The reforms, though reluctantly granted, were often seen as insufficient, leading to further demands for change.
  • This pattern was evident in all subsequent British Parliament Acts concerning India, including those of 1892, 1909, 1919, and 1935.
  • The Legislative Council established by the 1861 Act did not meet the expectations of the Indian populace.
  • The non-official members, though present, failed to represent the general public effectively.
  • The council was composed mainly of large landowners, retired officials, and Indian royalty, none of whom truly understood the common people's issues.
  • Initially, the Congress aimed to gather public sentiment in India, address public grievances, and advocate for reforms in a constitutional yet assertive manner.
  • Prior to the 1892 Act, the Indian National Congress had passed resolutions in 1885 and 1889, pushing for reforms.
  • Among their demands were:
    • Reforming the legislative council to prioritize elections over nominations.
    • Requiring all budgets to be reviewed by these councils.
    • Increasing the number of elected members.
    • Granting the right to discuss budgetary matters.
    • Establishing similar councils in the North Western Province, Oudh, and Punjab.
  • These demands highlighted the Congress's dissatisfaction with the prevailing governance system.
  • Initially, the British Government was supportive of the Congress.
  • However, by 1888, this sentiment shifted.
  • Lord Dufferin criticized the Congress, portraying it as representing only a small minority and dismissing its demands as overly ambitious.
  • Despite his attempts to downplay the Congress's significance, Lord Dufferin recognized its importance and secretly proposed reforms for the Councils.
  • He set up a Committee to suggest improvements for Provincial Councils, including enhancing their status, expanding their functions, introducing some elected members, and making them more politically relevant.
  • However, he clarified that he did not intend to establish a British-style parliamentary system.
  • The Committee's suggestions, along with Lord Dufferin's views, were sent to England, aiming to involve more Indian leaders in public administration.
  • In 1890, the Conservative government in England, influenced by Lord Cross, Secretary of State for India, proposed a bill in the House of Lords based on these suggestions.
  • The bill progressed slowly and was eventually passed two years later as the Indian Councils Act.
  • The Act focused on the powers, functions, and composition of the Legislative Councils in India.

Central Legislature:

  • Increased the number of additional (non-official) members in councils to between 10 and 16.
  • The council now had:
    • 6 officials
    • 5 nominated non-officials
    • 4 nominated by provincial legislative councils of Bengal, Bombay, Madras, and North-Western Provinces
    • 1 nominated by the chamber of commerce in Calcutta
  • The law member became a permanent member.
  • In 1892, the council had 24 members, with only five being Indians.
  • The increase was criticized as “a very paltry and miserable addition”, but Curzon defended it.
  • The Governor-General could make regulations for nominations with the approval of the Secretary of State in Council.
  • Two-fifths of the total members were to be non-officials, partly nominated and partly elected.
  • Members’ rights were increased; they could express views on the Budget but not move resolutions or divide the House on financial matters.
  • They could ask questions to the Government with six days’ notice but not supplementary questions.

Provincial legislature:

  • The Act increased the number of “additional” members for various provinces.
  • The Councils in Bombay, Madras, and Bengal had a maximum of twenty additional members.
  • Members of the Provincial Legislatures could interrogate the executive on public interest matters.
  • They could discuss Government policy and ask questions with six days’ notice, similar to the Central Legislature.

Principle of Election under the Act:

  • The Act introduced the principle of election without explicitly using the term.
  • Central Legislature had elected non-officials from Provincial Legislatures and the Calcutta Chamber of Commerce.
  • Provincial Legislatures had bodies like Municipalities, District Boards, Universities, and Chambers of Commerce to elect members.
  • Elected members were officially declared as nominated to avoid the term “election.”

Significance of the Indian Councils Act of 1892

  • Compared to the Act of 1861, the Indian Councils Act of 1892 represented a significant advancement.
  • This Act can be viewed as the initial step towards establishing a parliamentary system in India.
  • Despite its subtlety, the principle of election introduced in the Act of 1892 held substantial constitutional importance.
  • The 1892 Act expanded the functions of the legislatures, allowing members to:
  • Ask questions to gather information from the executive.
  • Review financial accounts and budgets, making general observations and suggestions regarding revenue or expenditure.
  • This expansion enabled criticism of the Government's Financial Policy.
  • With broadened functions, the legislatures attracted the country's top talent.
  • Prominent Indian leaders like Gopal Krishna Gokhale, Ashutosh Mookerjee, Rash Behari Ghosh, and Surendra Nath Banerjee entered the legislatures, showcasing the parliamentary capability and patriotism of educated Indians.
  • The sizes of the Legislatures at both the Centre and in the Provinces were increased.
  • For the Centre, the Act raised the maximum and minimum numbers of additional members and non-official elements by four compared to the Act of 1861.

Criticism of the Act

  • The Act did not meet the expectations of Indian nationalists and faced criticism in successive sessions of the Indian National Congress.
  • The aim of achieving a representative government still felt distant.
  • The electoral system outlined in the Act was indirect, with local bodies having the authority to nominate but not elect.
  • The rules of election were considered unsatisfactory, leading to over-representation of certain classes.
  • In Bombay, out of six seats, two were allocated to European merchants, leaving none for the Indian mercantile community.
  • The functions of the Legislative Councilswere strictly constrained:
    • Members were not allowed to ask supplementary questions.
    • Any question could be disallowed without recourse.
    • The Councils had limited control over the budget.
  • In his 1893 Presidential addressat the Lahore session of the Congress, Dadabhai Naoroji criticized the Act, stating:
    • “By the Act of 1892, no member shall have the power to submit or propose any resolution or divide the Council in respect of financial discussions.”
    • Such is the poor character of the extent of the concession made to discuss finances.
    • We are to all intent and purposes under an arbitrary rule.
  • The Act was seen as a British policy to gradually involve Indians in the administrative structure.
  • This aimed to prevent significant nationalist uprisings by creating a loyalist group.
  • Contrary to the Congress's belief in petition, prayer, and protest, the Indian Councils Act did not fulfill public demands.
  • This was reflected in B.G. Tilak's observation that political rights would have to be fought for.
  • Despite falling short of Congress demands, the Act of 1892 marked a significant improvement over the previous state of affairs.
  • By conceding the principle of elected representatives, it laid the groundwork for the eventual introduction of parliamentary responsible government in India.
The document The Indian Councils Act 1892 | History Optional for UPSC (Notes) is a part of the UPSC Course History Optional for UPSC (Notes).
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FAQs on The Indian Councils Act 1892 - History Optional for UPSC (Notes)

1. What were the main features of the Indian Councils Act 1892?
Ans. The Indian Councils Act 1892 introduced several significant features, including the expansion of the legislative councils at both the central and provincial levels. It allowed for the inclusion of more Indian members in these councils, although they were still a minority compared to the British members. The Act also provided for the election of some members of the provincial councils, which was a step towards representative governance. However, the powers of these councils remained limited, as they could only discuss matters and make recommendations, but not legislate independently.
2. How did the Indian Councils Act 1892 impact Indian political participation?
Ans. The Indian Councils Act 1892 marked a crucial step in increasing Indian political participation by allowing a limited number of Indians to be elected to the provincial councils. This act provided a platform for educated Indians to voice their opinions and engage in discussions about governance. However, the scope of participation was still restricted, as the majority of the members were appointed by the British, and the elections were limited to a small electorate.
3. What was the significance of the Indian Councils Act 1892 in the context of Indian nationalism?
Ans. The Indian Councils Act 1892 played a significant role in the evolution of Indian nationalism by highlighting the need for greater political rights and representation for Indians. The introduction of elected members in the councils fueled demands for more substantial reforms and self-governance, leading to a growing political consciousness among Indians. The limitations of the Act also led to increased dissatisfaction and mobilization against British rule, laying the groundwork for future demands for independence.
4. How did the British government justify the Indian Councils Act 1892?
Ans. The British government justified the Indian Councils Act 1892 as a means to introduce a degree of self-governance and to respond to the growing demands for political reform from Indian leaders. They portrayed the Act as a progressive step towards modern governance, emphasizing the inclusion of Indian members in the councils. However, the limited nature of the reforms and the continued dominance of British officials revealed the British intent to maintain control over Indian administration.
5. What were the limitations of the Indian Councils Act 1892?
Ans. The Indian Councils Act 1892 had several limitations, including the fact that the legislative councils were primarily advisory bodies with limited powers. Indian members could only discuss and recommend legislation, not initiate it. Additionally, the electorate was small and restricted to a few educated Indians, which diluted the essence of representative democracy. Furthermore, the Act did not address broader issues of governance or provide substantial power to Indians, leading to continued calls for more comprehensive reforms.
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