The Indian Councils Act 1892 | History Optional for UPSC (Notes) PDF Download

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.