Historical background and making OF Indian Constitution

THE GOVERNMENT OF INDIA ACT

1919 OR MONTAGU-CHELMSFORD REFORMS

Government of India Act 1919 was passed by British Parliament to further expand

the participation of Indians in the Government of india. Since the act embodied reforms as recommended by a report of Edwin Samuel Montagu(Secretary of State for India) and LordChelmsford (Viceroy and Governor General), it is also called as Montague Chelmsford Reforms or simply Mont-Ford Reforms.

BACKGROUND:

• Lord Montagu announced in the House of Commons on August 17, 1917 that the goal of constitutional advance in India to be "gradual development of self governing institutions with a view to the progressive realisation of responsible government as an integral part of British Empire". It was called "Montagu statement" or August Declaration".

• The Montagu-Chelmsford Report in 1918 laid down a four-fold formula to implement the policy in first stage:
• Introduction of complete popular control in local bodies(Mubicipalities,taluks,district board etc.)
• Partial introduction of responsible government in the field of Provincial administration.

Key provisions:

 Provincial Government:-

• Executive side: Dyarchy was introduced in the provinces and the same is explained as under:

1.     There are the two set of Government-Executive Councilors (non accountable to Legislature) and Popular ministers (accountable to Legislature).Governor was the head of the province.
2.  The legislative subject were divided into two list--Reserved List and Transferred list.The Reserved List contained subjects such as law & order, finance, land revenue, irrigation, etc.,and was administered by the Governor with the help of his Executive Councillors. The Transferred List contained subjects such as education,health, local govermments,public works,excise, industries, weights and measures,etc., and was administered by Ministers the nominated by the from Governor the elected representatives Legislative of the Council.

Provincial Legislature:

• Provincial Legislative Councils were expanded 70%- were to be elected member; 20% were to be nominated officials and 10% were to be nomonated non-official.
• The election was direct, the primary voters electing the members. The mischievous communal and class electorates were further consolidated (constituencies were divided into General and Special -General constituencies to return Hindus, Muslims, Christians, Anglo-Indians, Sikhs etc.; Special Constituencies for Landlords,Universities, Chamber of commerce etc).Womenwere also given the right to vote.The Legislative Council could initiate legislation but Governor's assent was required. He could veto bills and issue Ordinances.
• The legislatures enjoyed the freedom of speech, right to move resolutions, ask primary and supplementary questions. The members could reject the budget, though the Governor could restore it if necessary.The Act separated, for the first timne,Provincial budgets from the Central budget and authorised the Provincial Legislatures to enact their budgets. The budget was divided into two parts-70% of the items were non-votable. In the remaining 30% votable budget items, the demand for wants' could be rejected by the House, but the Governor had the power to restore them by certifying that they were essential for the discharge of his duties.

Central Government

Central Executive

• No responsible government. The number of Indiansin the Viceroy's Executive Council was raised to three in a Council of eight.Viceroy to be the Chief Executive authority.There were two lists for administration Central and Provincial. 

Election and franchise:

• The Act provided for the establishment of a Public Service Commission in India for the first time.This Act also made a provision that a Statutory Commission would be set up at the end of 10 years after the Act was passed which shall inquire into the Working into the system of the government. The Simon Commission or 1927 was an outcome of this provision.

Drawbacks:

 These reforms represented the maximum concessions the British were prepared to make at that time. The franchise was extended, but still very limited. Though increased representation and authority was given to center and Provincial Legislative Councils, the Viceroy remained responsible only to London. In other words, at the Centre, the Legislature had no control over the Governor General's Executive Council. The allocations of seats in Central Legislature were not based on population, but on the importance of the Provinces for example Bombay's commercial importance and Punjab's military importance.

In the Provinces, the two parallel governments administering different subjects was without logic and was unworkable. The Provincial ministers had no real powers as main subjects were reserved and their good work could be negated by the Governor. They were not consulted on important matters. The mischievous communal and lass based electorate was consolidated. The Indian National Congress declared that the reforms are disappointing and unsatisfactory and demanded effective Self Government in India.

SIMON COMMISSION (1927)

• Government of India Act 1919 had introduced the system of dyarchy to govern the provinces of British India.This Act had a provision that a commission would be appointed after 10 years to investigate the progress  of governance scheme and suggest new steps for reform.  
• The Government in England was Conservative Government  which was not in much favor of  giving  any control to Indians.  In March 1927, His Majesty's Government announced its decision to appoint the "statutory Commission" in advance of the prescribed date (the Commission was supposed to be setup in 1929). 
• The announcement came as a surprise. Indians were already in a state of frustration. The Congress was almost agenda-less and no active program was there except the Khadi. The Swarajists were in the Legislative Council and had lost cohesiveness with the Congress. So, for the agenda-less Congress, Smon Commission came as a blessing in disguise and they got an issue to take up effectively.
•  The personnel of the Commission and its terms of reference were announced in November 1927. It had 7 members which were lifted from the three political parties of the British Parliament under the chaimanship of Sir John Simon. None of the Indians was appointed in the commission and the promise of appeasing the Indian opinion seemed to be a bubble. 
• When no Indian was included in the commission, it was like depriving of their right to participate in the determination of the constitution of their own country.
• At the annual session of the Congress in Madras in Dec 1927, a resolution was passed which advocated the boycott of the Simon Commission "at every stage and in every form".Other factions of the politicians also joined the suit.
• On Feb 3, 1928, a complete hartal was observed in Bombay on the day when Simon Commission landed in Bombay Wherever the Commission went,people came out in processions and show them the placards saying "Simon Go Back".
• The Government used brutal represSion and police attacks to  break the popular Opposition. At Lahore, Lala Lajpat Rai was severely beaten in a lathi-charge. He Succumbed to his injuries on Nov 17,1928.

FIRST ROUND TABLE CONFERENCE(1930)

• It was the first conference arranged between the British and Indians as equals. It was held on Nov 12, 1930 in London to discuss Simon commission.
• Boycotted by INC. Muslim League,Hindu Mahasabha, Liberals and someothers were there.

SECOND ROUND TABLECONFERENCE (1931)

• Gandhiji represented the INC (as the sole representative) and went to London to meet British PM. Ramsay Macdonald.
• Gandhiji went to London on SS Rajputana ship, taking with him Mirabehn,Mahadev Desai, Pyarelal and his son Devdas. Sarojini Naidu travelled with them as the delegate representing Indian women.G.D. Birla went representing the business community.
• In the Conference, Gandhiji demanded immediate establishment of a full responsible government at the Centre as well as in the Provinces with complete control over defence, external affairs and finance.
• However, the session was SOon deadlocked and on the minorities issue and this time separate electorates Was demanded not only by Muslims but also by Depressed Classes, Indian Christians and Anglo-Indians.
• MacDonald ended the session with an address which announced the creation of a new Muslim majority province,Sindh, set up a committee on franchise,finance and states and held out the humiliating and the dangerous prospect of a unilateral British Communal Award if the Indians failed to agree among themselves.

GOVERNMENT OF INDIA ACT,1935:

• With 321 sections and 10 schedules, this was the longest was the longest Act passed by the British parliament so far and was later split into two parts, viz.,Government of India Act 1935 and Government of Burma Act.
• The Government of India Act 1935 derived material from four key sources, viz., Report of the Simon Commission, discussions at the Third Round Table Conference, the White Paper of 1933 and the reports of the Joint Select Committees.

Salient Features:

1.Provision for an All India Federation with British India territories and princely states.

2.Introduction of Dyarchy at the Centre.

3.Replacement of Dyarchy in Provinces by Provincial Autonomy

4.Bicameral Legislature in Provinces.

5.Three-fold division of powers.

6.Abolition of the Indian Council and introduction of an advisory body in its place.

7.Elaborate safeguards and protective instruments for minorities.

8.Supremacy of British Parliament.

9.Increase in size of legislatures, extension of franchise and retention of communal electorate.

10.Separation of Burma from India.

KEY FEATURES:

All lIndia Federation :-

• It proposed an All-India Federation,which would include 11 Provinces of British India, 6 Chief Commissioners Provinces and those Princely States who might to Federation.For the Princely States,the accession to the federationwas voluntary.Joining the federationwas compulsory for british Provinces and chief Commissioners provinces.

AUGUST 0FFER (AUG 8, 1940)

• When the Congress ministries in the Provinces resigned, the British arose and wanted to get support of Congress for war In March 1940,Congress met at Ramgarh(in Bihar, under Abul Kalam Azad) in its annual session.
• The INC passed a resolution offering the British Government support in war, if a provisional National Government is setup at Centre. This was responded by Lord Linlithgowin the sort of a proposal which is called August Offer. Basically

"Hitlers astounding success in the ongoing Second World War and the fall of Belgium, Holland and France had put England in a conciliatory mood."

• The August Offer turned down the demand of the Congress to set up a national Government at the Center but proposed the following:

        i. Dominion status as the objective for India.

        ii. Expansion of Viceroy's Executive Council.

        iii. Setting up of a Constituent Assembly after the war where mainly Indians would decide   the  constitution according to their social,economic and political conceptions,subject to      fulfillment of the obligation of the Government regarding defence, minority rights, treaties           with states,all India services.

        iv. No future constitution to be adopted without the consent of minorities.

• The Congress rejected the August Offer Nehru said, "Dominion status concept is dead as a door nail".Gandhiji said that the declaration had widened the gulf between the nationalists and the British rulers.
• The Muslim League welcomed the veto assurance given to the League, but reiterated its position that partition was the only solution to the deadlock.

Note:

• For the first time, the inherent right of Indians to frame their Constitution was recognised and the Congress demand for a Constituent Assembly was conceded. Dominion status was explicitly offered.
• In July 1941, the Viceroy's Executive Council was enlarged to give the Indians a majority of 8 out of 12 for the first time, but the whites remained in charge of defence, finance and home. Also, a National Defence Council was set up with purely advisory functions.

THE CRIPPS MISSION-1942

• In dec 1941,Japan entered the world war-2 and advanced towards Indian borders.By march 7,1942.Rangoon fell and japan occupied the entire  S E Asia.
• The british govt. with a view to get  co-operation from Indians sent sir Stafford Cripps,leader of the house of commons to settle terms with the indian leaders.

Why was Cripps Mission Sent?

• Because of the reverses suffere by Britain in SE asia, the japanese threat to invade India seemed real now and indian support become crucial.
• There was pressure on britain from the Allies(USA,USSR,and China ) to seek Indian Cooperation.
• Indian nationalist had agreed to support the allied cause if substaantial power was transferred immediately and complete independance given after the war

Main Proposals :

• An Indian Union with a Dominion Status would be set up.It would be free to decide its relations with the Commonwealth and free to participate in the United Nations and other international bodies.
• After the end of the war, a Constituent Assembly would be convened to frame  new constitution. Members of this Assembly would be partly elected by the Provincial Assemblies through proportional representation and partly nominated by the Princes.
• The British Government would accept the new constitution subject to two conditions  

1.  any Province not willing to join the Union could have a separate constitution and form a separate Union, and
2.  the new constitution-making body and the British Government would negotiate a treaty to effect the transfer of power and to safeguard racial and religious minorities.

• In the meantime, defence of India would remain in British hands and the Viceroy's powers would remain intact.

Difference from Past Proposals:

• The making of the constitution was to be solely in Indian hands now (and not mainly" in Indian hands as contained in the August Offer).
• A concrete plan was provided for the Constituent Assembly.
• Option was available to any province to have a separate constitution, a blueprint for India's partition.
• Free India could withdraw from the Commonwealth.
• Indians were allowed a large share in the administration in the interim period.

Why Cripps Mission Failed?

• The Cripps Mission proposals failed to satisty Indian nationalists and turned out to be merelya propaganda device for US and Chinese consumption. Various parties and groups had objections to the proposals on different points.

The Congress objected to:

• The offer of Dominion Status instead of a provision for complete independence.
• Representation of the Princely States by nominees and not by elected representatives.
• Right to Provinces to secede as this went against the principle of national unity.
• Absence of any plan for immediate transter of power and absence of any real share in defence; the Viceroy's supremacy had been retained, and the demand for Viceroy being only the constitutional head had not been accepted.

View point of Muslim League

• Criticised the idea of a single Indian Union.
• Did not like the mechanism for the creation of a Constituent Assembly and the procedure to decide on the accession of provinces to the Union.
• Thought that the proposals denied to Muslims the right to self-determination and the creation of Pakistan.

GENERAL ELECTIONS(1945)

• With the surrender of Japan on aug 15,1945,the Second World war ended.One month to it, general elections took place in Britain in which Winston Churchill's Conservative Party lost and Clement attlee Headed labour party Won the elections.The newly elected government appointed sir pethick lawrence as the new Secretary of the state for india.
• The first step taken by the Attlee's government was to conduct general elections in India, which had not been conducted since 1937.
• On Sept 19, 1945, Lord Wavell announced that elections to the Central and Provincial legislatures would be held from Dec 1945 to Jan 1946. It was also announced that an Executive Council would be formed and a constitution-making body would be convened after these elections.
• Although the Government of India Act,1935 had proposed an All-India Federation, it could not take place because the government held that the Princely states were unwilling to join it.Consequently, rather than choosing 375 members, only 102 elective seats were to be filled in the Central Legislature.Hence, the elections to the Central Assembly were held under the terms of the Government of India Act 1919.

Election Resuits

• As was expected, the congress swept the polls and captured almost all General and a few Muslim seats as well.

Congress' Performance

.It got 91% of non-Muslim votes.

.It captured 57 out of 102 seats in the Central Assembly.

.In the Provincial elections, it won eight of the 11 Provinces. It got a majority in Bombay, Madras, United Province, Bihar, Orissa and Central Province. It also made governments in Assam and North West Frontier Province (these two Provinces were being claimed by Muslim League for Pakistan).

Muslim League's Performance

.It got 86.6% of the Muslim votes.

.It captured the 30 reserved seats in the Central Assembly.

.In the provincial elections, it got a majonty in Bengal and Sindh.

.Unlike in 1937,now the League clearly established itself as the dominant part among Muslims.

.The Muslim League however suftered defeat in N.W.F.P. where Badshah Khan a staunch advocate of gandhian non-violence was acknowledged as the beloved leader of the pathans.

Note:-

In Punjab, where the Muslim League had the largest majority, all other parties joined hands against the League and a Unionist Party-Congress-Akali coalition under Khizra Hayat Khan assumed power. The credit for relegating the Muslim League to the

background and setting up a Unionist ministry in collaboration with other

victorious elements, goes to Maulana Abul Kalam Azad, whose statesmanship

and skill in negotiations made such a Coalition possible.

Significant Feature of the Elections

• The elections witnessed communal voting in contrast to the strong anti-British unity shown in various upsurges due to:

1. Separate electorates,
2. Limited franchise (in the Provinces, less than 10% of the population could vote and for the Central Assembly, less than 1% of the population was eligible). 

• Though the Indian National Congress emerged out as the strongest party in the country, yet the importance and popularity of the muslim league amongst the fanatic and orthodox Muslim community was also established beyond any doubt
• on the basis of the results of the elections, Congress Ministries  were  formed in all the Hindu majority provinces. in nwfp khudai khidmatgars  under the Stewardship of Khan brothers   who were actively associated with the Indian National Congress, formed the ministry.In Bengal and Sindh, Muslim League Ministries were installed in .