Constitutional Developments 1909–1935

Constitutional Developments 1909–1935

Key Pointers

• Indian Councils Act, 1909 (Morley–Minto Reforms):
  • Enlarged central and provincial legislative councils; non-official elected members (indirect election).
  • Separate electorates for Muslims (Minto is called the 'father of communal electorate').
  • Right to discuss the budget and ask supplementary questions.
  • First Indian in the Viceroy's Executive Council: Satyendra Prasad Sinha.
• Montagu Declaration (20 August 1917): Aim of 'progressive realisation of responsible government'.
• Government of India Act, 1919 (Montagu–Chelmsford Reforms):
  • Dyarchy in provinces: Transferred subjects (education, health, local government) under Indian ministers; Reserved subjects (law and order, finance, land revenue) under the Governor.
  • Bicameral central legislature: Council of State (upper) and Legislative Assembly (lower); direct elections with limited franchise (property, tax or education).
  • Separate electorates extended to Sikhs, Indian Christians, Anglo-Indians, Europeans.
  • Created the post of High Commissioner for India in London; separated central and provincial budgets; provision for a Public Service Commission (Lee Commission, 1924; set up 1926) and a statutory commission after 10 years.
• Simon Commission (1927): All-white, seven members, headed by Sir John Simon; boycotted ('Go back Simon'); report (1930) recommended abolishing dyarchy and provincial autonomy.
• Nehru Report (1928): Drafted by Motilal Nehru; demanded Dominion status, joint electorates with reservation of seats for minorities, fundamental rights. Jinnah's 14 Points (1929) responded.
• Irwin's Declaration (October 1929): Dominion status as the goal; followed by Round Table Conferences (1930–32) and the Communal Award (1932).
• Government of India Act, 1935:
  • All-India Federation (provinces and princely states) – never came into being.
  • Provincial autonomy; dyarchy abolished in provinces and introduced at the Centre.
  • Three lists: Federal, Provincial, Concurrent.
  • Federal Court (1937); Reserve Bank of India (1935); Federal and Provincial Public Service Commissions.
  • Burma separated (1937); Sindh and Orissa created as new provinces.
  • Extended franchise (about 10% population); separate electorates retained.
  • Governor's special powers; bicameral legislatures in six provinces.
  • Provided the basis for many provisions of the Indian Constitution; Nehru called it a 'charter of slavery'.

MCQs

Q1. The Indian Councils Act of 1909 is notable for introducing: (a) Dyarchy (b) Separate electorates for Muslims (c) Federal Court (d) Provincial autonomy Answer: (b).

Q2. Dyarchy was introduced in the provinces by: (a) Government of India Act, 1909 (b) Government of India Act, 1919 (c) Government of India Act, 1935 (d) Indian Independence Act, 1947 Answer: (b).

Q3. The Government of India Act, 1935 provided for: (a) Provincial autonomy and an All-India Federation (b) Dyarchy in the provinces (c) Direct election to the Council of State (d) Abolition of separate electorates Answer: (a). The federation never materialised.