Morley-Minto Reforms, 1909
The
period between 1892 and 1909 was one of storm and stress. The Vice-royalty of
Lord Curzon witnessed a lot of agitation and discontentment in the country. The
same could be said about Lord Minto. The agitation against the Partition of
Bengal was widespread. The Government of India had to resort to very harsh
measures to put down the nationalist movement in the country. However, the
Government thought of winning over the moderates and for their purpose passed
the Indian councils Act in 1909. It was Lord Morley who piloted the Bill
through the British Parliament.
Provisions of the Act
1. The Act
of 1909 increased the size of the legislative councils. The additional members
of the Governor-General’s Council were increased up to a maximum of 60, those
of Madras, Bengal U.P., Bombay and Bihar and Orissa to a maximum of 50 and
those of the Punjab, Burma and Assam to 30.
2. Lord
Morley insisted on retaining a substantial official majority in the imperial
Legislative Council and consequently it was provided that the imperial
Legislative Council shall consist of 37 officials and 23 non-officials. Out of
the 37 officials, 28 were nominated by the Governor-General and the rest were
to be ex-officia. The ex-officio members were to be the Governor-General, 6
ordinary members of the Council, and two extraordinary members. Out of the 32
non-official members, 5 were to be nominated by the Governor-general and the
rest were to be elected.
3. The Act
did not provide for any official majority in the Provincial legislative
Councils. The majority of the members were to be non-officials. However, this
does not mean that there were to be non-oficial elected majorities in the provincial councils. Some of the non-officials were to be nominated by the
Governor and the Government could always depend upon the unflinching loyalty of
the nominated members.
4. According
to the Government of India, territorial representation was not suited to the
people of India. “ Representation by classes and interests in the only
practicable method of embodying the elective principle in the constitution of
the Indian Legislative Councils.” The Act provide for separate or special
electorates for the die representation of the different communities, classes
and interests. The remaining seats were allotted to the municipalities and
district boards which were called “general electorates.”
5. The
functions of the Legislative Councils were increased. Elaborate rules were made
for the discussion of the budget in the imperial legislative Council. Every
member was given the right to move any resolution relating to any alteration
in taxation, any new loan or any additional grant to local Governments proposed
or mentioned in the financial statement or explanatory memorandum. The Council
was not permitted to discuss expenditure on interest on debt, ecclesiastical expenditure
and State Railways etc. it is to be noted that the financial statement was
first referred to a Committee of the council with the Finance Member as its
Chairman. Half of its members were to be nominated by the head of the
Government and the other half were elected by the non-official members of the
council.
6. The
members were given the right of asking questions and supplementary questions
for the purpose of further elucidating any point. But the member in charge of
department might refuse to answer the supplementary questions off-hand. He may
demand some time for the same.
7. The members were given
the power to move resolutions in the Councils. Those resolutions were to be in
the form of a definite recommendation to the government. They must be clearly
and precisely expressed and must raise definite issues. The resolutions were
not to contain arguments, inferences, ironical expressions etc. the president
may disallow any resolution or part of a resolution without giving any reason
for the same.
8. Rules were also framed under the act of the discussion of matters of genera public
interest in the Legislative Councils. No discussion was permitted on any
subject not within the legislative competence of the particular Legislature,
any matter affecting the relations of the Government of India with a foreign
power or a native state and any matter under adjudication by a court of law.
9. The Act
raised the number of the members of the Executive Council in Bombay, Bengal and
Madras to 4. It also empowered the Government to constitute an Executive Council
for a Lieutenant-Governor’s province also.
10. In the
Provinces, the University Senates, landlords, District Boards and
Municipalities and Chambers of Commerce were to elect Members. Muslims were
given separate representation. Muslim members of the Legislatures were elected
by the Muslims themselves.
11. Disqualifications
were imposed on political offenders. They could not offer themselves for
election. However, the heads of the Governments were given the power to remove
those disqualifications.
Criticism of the Act
1. The
reforms of 1909 could not come up to the expectations of the Indians.what the
people of India demanded was that there should be set up a responsible
government in the country. But the sacred heart of the reforms of 1909 was
“benevolent despotism.” While introducing the Bill in the Parliament, Lord
Morley had declared that he had no intention to give up the people of India
responsible government. Under the circumstances the reforms could not satisfy
the people.
2. The
reforms led to a lot of confusion. While parliamentary reforms were introduced,
no responsibility was given. The result was thoughtless and irresponsible
criticism of the government. Indian leaders made legislatures the platforms for
denunciation of the Government. The feeling that they would not have to
shoulder responsibility made the members critical of the government.
3. The
reforms introduced the system of elections. But the number of voters was very
small. In some case, the number of voters in a constituency did not exceed 9 or
10. Since the number was small, all the votes could be bought. Women were
completely excluded.
4. The
system of elections was indirect. The people elected members of local bodies.
The latter elected members of an Electoral College. The Electoral College
elected members of the provincial legislature and the members of the provincial
legislature elected members of the imperial Legislature. The result was that
there was no connection between the people and the members sitting in the
legislature. The members felt no responsibility towards the people.
5. The act
of 1909 introduced separate electorates for Muslims. The evil did not end here.
In 1919 the Sikhs also got separate electorates. The Act of 1935 gave separate
representation of Indian Christians, Anglo-Indians, Europeans and the Harijans.
It could be denied that one of the effects of communal representation was the
establishment of Pakistan in 1947.
6. The Act
gave great importance to the vested interest by giving special representation
to them, e.g. landholders, Chambers of Commerce etc.
7. The
Indians resented the maintenance of an official majority in the imperial
Council. Although the government of India had expressed their willingness to
allow the Indians to have a majority at the centre, Lord Morley did not agree
to it on the ground that since the Indian were given a non-official majority in
the provincial councils, the imperial Council should be maintained as their
place of refuge in case they were defeated in the provinces.
8. Although
non-official majority was given in the provincial councils the practical result
was nothing. The non-official majority was nullified by the fact that it included
nominated members. There was no real majority of those who represented the
people.
9. The
Indians wanted the Government of England to make a clear indication as to what
their goal was going to be in India. Was it to be the establishment of a
responsible Government in India? If so, within how much time, and by what
means? The Act of 1909 gave no answer to all these important questions.
10. The
reforms were in the nature of a half way House which could scarcely satisfy the
expectations of the Indians who wanted the transfer of power.
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