Polity Lecture 1 Historical underpinnings The process of centralisation in British India witnessed its high point from the Acts of 1773 to 1833. Discuss. • The major concern of East India Company was with earning revenue and having a monopolistic control over trade rather than any aspirations of direct rule over India. • The declining power of the Mughals in 18th century and its tussle with the French counterpart in Carnatic led to greater ambitions of the EIC. • The first major military foray of the Company into the territorial skirmishes of India came in 1757 in the battle of Plassey followed by the crucial battle of Buxar in 1764. • Battle of Buxar resulted in defeat of the Emperor of India and the EIC shedding its inhibitions for territorial control, indirectly taking over the reigns of the country for the first time. • The Regulating Act of 1773 was the first step taken by the British Government to control and regulate the affairs of the East India Company in India, wherein it recognised the political and administrative functions of EIC. • The first attempt at creating a centralised administration came in the form of Governor of Bengal being made the Governor-General of Bengal with an Executive Council with the Presidencies of Madras and Bombay being made subordinate to Bengal. • Furthermore, it prohibited private trade by the EIC servants and mandated the Court of Directors to report to the British government regarding revenue, civil and military affairs in India. • The Declaratory Act of 1781 while making an attempt to separate the executive and judiciary, curtailed powers of the Supreme Court in favour of the Governor-General in Council, adding to the centralising tendencies. • The Pitts India Act of 1784 further added to the same by terming Company’s territories in India as the ‘British possessions in India’; and second, the British Government was given the supreme control over Company’s affairs and its administration in India through the establishment of Board of Control. • The Charter Act of 1833 is regarded as the final step towards centralisation in British India with the G-G Bengal being designated as the G-G of India having authority over the entire territorial area possessed by the British in India as well as exclusive legislative powers, curtailing those of Madras and Bombay. • The Charter Act of 1853, marked withering of this process. It established the G-G Legislative Council with limited local representation which functioned as functioned as a mini-Parliament. • The EIC and territories held by it were left at the whim of the British Parliament. The Act of 1858 post the Indian mutiny established British Crown as the sovereign which became the moment of absolute control. Further, The provincial governments became totally subsidiary to the Council. The evolution of civil services in India since 1765 also aided in this centralisation. • The impetus for decentralisation came through the initiatives of Lord Canning which bore fruit in the 1861 Indian Councils Act. Despite the changes brought through the various Acts following 1861, the decentralisation was a relative one with the British government maintaining a firm grip through the offices of G-G and Secretary of State. The Act of 1858 culminated in the grounding of colonialism in India from Imperialism. Comment. • Though both imperialism and colonialism are synonymous with suppression, Colonialism is where one nation assumes control over the other and Imperialism refers to political or economic control, either formally or informally. • Prior to the Act of 1858 termed as the Act of Good Government of India, the EIC was in control of territories in India. The Government of India 1858 Act abolished the East India Company, and transferred the powers of government, territories and revenues to the British Crown, thereby bringing in colonialism. • The British Crown gained sovereignty over India. D.D. Basu correctly remarks that the act formalised absolute imperial control and “subsequent history upto the making of Indian Constitution is one of gradual relaxation of imperial control and evolution of a responsible government.” • It ended the system of double government by abolishing the Board of Control and Court of Directors. It created a new office, Secretary of State for India with a 15-member Council of India (advisory body), vested with complete authority and control over Indian administration. • The essential features of the Act included: 1. The administration of the country was not just unitary but rigidly centralised. The provincial governments had to function under the strict superintendence, direction and control of the G-G. 2. All authority- civil, military, legislative and executive were vested in the G-G in Council who was responsible to the Secretary of State for India. 3. The control of SS over Indian administration was absolute with regard to anything related to the government or revenue of India, accountable only to the British government. 4. The entire machinery was bureaucratic, totally unconcerned by the public opinion in India. The Act of 1861 marked the advent of decentralisation reaching finality in GOI Act 1935. Discuss. • The Indian Councils Act was regarded as a remarkable piece of legislation for two important reasons: first, it was certainly an important step towards decentralization of power. • Secondly, it also introduced Indians in the administration by recommending the inclusion of non-official members as a further step to assuage Indians after the 1857 revolt. This introduced a popular element in the legislative business of the Council. • The Act provided that the viceroy should nominate some Indians as non-official members of his expanded council. In 1862, Lord Canning, the then viceroy, nominated three Indians to his legislative council—the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. • It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. It also provided for the establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab. • Lord Canning’s Portfolio system started in 1859 for reasonable division of functions amongst the various functionaries of the government found recognition in the 1861 Act. However, there was also the introduction of the Ordinance making power granted to the Viceroy. • These attempts at decentralisation were furthered by the 1870 Mayo Resolution on financial decentralisation • and 1882 Ripon Resolution that provided both revenue and administrative decentralisation. Ripon divided the sources of revenue into three categories, Viz. Imperial, Provincial and Divided. • Further, rural areas District Boards and Local Boards known as “tahsil or “taluk boards were established. The members were to be elected by rent-payers. The nominated members should not be more than one third of the total strength. The management of health, education, roads and communications were to remain under the control of the local boards. • The 1892 Councils Act further increased the number of additional (non-official) members in the Central and provincial legislative councils and their power including discussion of the budget. • The 1892 Act provided for the nomination of some non-official members of the (a) Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce, and (b) that of the Provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamindars and chambers. • The Royal Commission on Decentralisation (1907) led to the enactment of the 1909 Morley-Minto reforms. It was the first attempt at introducing a popular element by increasing the size of the legislative councils, both Central and provincial and providing elected non-official majority in provinces. However, it also led to the vice of communal electorate for Muslims, legalising communalism. • The GOI Act 1919 further relaxed central control by demarcating and separating the central and provincial subjects and introducing dyarchy at provincial level. The provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. The introduction of bicameralism and direct elections was a further improvement. • However, centralised control remained intact as pointed out by the Muddieman Committee. The 1935 GOI Act aimed to establish a federal form of government in which the constituent provinces had autonomous legislative and executive powers, the Act paved the way for a parliamentary form of government in which the executive was made accountable within certain bounds to the legislature. • The Act divided the powers between the Centre and units in terms of three lists—Federal List, Provincial List and the Concurrent List. Residuary powers were given to the Viceroy. It provided for provincial autonomy and dyarchy at Central level. Furthermore, it provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces. • While the All India Federation never came into being, provincial autonomy saw shape in the 1937 elections. Despite this autonomy, the central control was maintained by allowing the Governor to act in his discretion on certain matters. Further, the old executive council provided under the 1919 Act continued to advice the G-G until the India Independence Act, 1947. • Thus, while responsible government and attempts at decentralisation were made, these were purely in pursuit of the gains of colonialism and to prolong its existence in India.