Chapter 1 · Topic 1.2 · Prelims + Mains2 of 3
Historical Background: Crown rule, 1858 to 1919
Key points
- 1858: Crown rule, Viceroy (Canning), Secretary of State + Council of India; double government
- 1861: Indians nominated; Bombay and Madras regain law-making; portfolio system. 1892:
- 1909 Morley-Minto: separate electorate for Muslims; S.P. Sinha in the Viceroy's council.
- 1919 Montagu-Chelmsford: central and provincial subjects; dyarchy in provinces; bicameral
Prelims box: facts and traps
- Viceroy → The Governor-General was also called the Viceroy, the Crown's direct representative; Lord Canning was the first: End of double government → The Board of Control and the Court of Directors were abolished; Secretary of State for India → A new office with complete control over Indian administration; a member of the British cabinet, answerable to the British Parliament; helped by a 15-member Council of India; Legal status → The Secretary of State in Council was a corporate body that could sue and be sued.
- 1861 After the Revolt of 1857 the British Parliament passed the Government of India Act, 1858, also known as the Act for the Good Government of India.
- Decentralisation began: Bombay and Madras got their law-making powers back, and new legislative councils followed for Bengal (1862), the North- Western Provinces (1886) and Punjab (1897).
- The Government of India Act, 1919, built on the report of Secretary of State Montagu and Viceroy Chelmsford, came into force in 1921.
- Trap (UPSC Prelims 2012): “Introduction of separate communal electorates for Muslims” is incorrect.
- Trap (UPSC Prelims 2014): “To regulate East India Company’s trade with India” is incorrect.
On this page (3 sections)
Crown rule: the 1858 Act and the Indian Councils Act
1861 After the Revolt of 1857 the British Parliament passed the Government of India Act, 1858, also known as the Act for the Good Government of India. India was now governed directly by, and in the name of, the British Crown.
| Government of India Act, 1858 | What it did |
|---|---|
| Viceroy | The Governor-General was also called the Viceroy, the Crown’s direct representative; Lord Canning was the first |
| End of double government | The Board of Control and the Court of Directors were abolished |
| Secretary of State for India | A new office with complete control over Indian administration; a member of the British cabinet, answerable to the British Parliament; helped by a 15-member Council of India |
| Legal status | The Secretary of State in Council was a corporate body that could sue and be sued |
The same year, Queen Victoria’s Proclamation of 1 November 1858 announced the change. Its stated aims were to disclaim any intention to annex Indian States, to place the Indian administration under the British Crown, and to promise religious toleration and equal treatment. Regulating the Company’s trade was not one of them: the Company had stopped trading in 1833.
What was/were the object/objects of Queen Victoria’s Proclamation (1858)? 1. To disclaim any intention to annex Indian States 2. To place the Indian administration under the British Crown 3. To regulate East India Company’s trade with India Select the correct answer using the code given below.
- 1 and 2 only
- 2 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (a) · UPSC official key
Indian Councils Act, 1861. Indians entered law-making for the first time: the Viceroy could nominate Indians as non-official members of his expanded council (in 1862 Lord Canning nominated the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao). Decentralisation began: Bombay and Madras got their law-making powers back, and new legislative councils followed for Bengal (1862), the North- Western Provinces (1886) and Punjab (1897). Lord Canning’s portfolio system (1859) was given legal recognition. The Viceroy could issue ordinances in an emergency, valid for six months.
i PRELIMS TRAP 1861 brought Indians in by nomination. Indirect election entered only in 1892 (without using the word), and separate electorates in 1909.
→ Union Executive The Viceroy’s ordinance power of 1861 is the ancestor of Art 123.
The 1892 Act and the Morley-Minto Reforms 1909
Indian Councils Act, 1892. It raised the number of non-official members in the central and provincial councils, though officials stayed in the majority. Members could now discuss the budget and ask questions of the executive. Some non-official members were nominated on the recommendation of bodies such as provincial councils, the Bengal Chamber of Commerce, district boards, municipalities, universities and zamindars. This was a limited and indirect use of election, though the word ‘election’ was not used in the Act.
Indian Councils Act, 1909 What it did (Morley-Minto Reforms)
| Bigger councils | The Central Legislative Council grew from 16 to 60 members; provincial councils were enlarged too |
|---|---|
| Majorities | Official majority kept at the Centre; non-official majority allowed in the provinces |
| More functions | Members could ask supplementary questions and move resolutions on the budget |
| Indian Councils Act, 1909 | What it did |
| (Morley-Minto Reforms) | |
| Indians in the executive | First time Indians joined the executive councils of the Viceroy and Governors: Satyendra Prasad Sinha became the law member of the Viceroy’s council |
| Separate electorate | Communal representation for Muslims: Muslim members to be elected only by Muslim voters |
The separate electorate is the reform UPSC keeps returning to. It ‘legalised communalism’, and Lord Minto came to be called the Father of Communal Electorate. The 1919 Act extended it to Sikhs, Indian Christians, Anglo-Indians and Europeans, and the Communal Award of 1932 pushed it further.
i PRELIMS TRAP Separate electorates for Muslims came in 1909, not 1919. A statement crediting them to the 1919 Act is wrong; that is how the 2012 question was built.
The Government of India Act 1919: dyarchy
On 20 August 1917 the British Government declared that its aim was the gradual introduction of responsible government in India. The Government of India Act, 1919, built on the report of Secretary of State Montagu and Viceroy Chelmsford, came into force in 1921.
Its first big change was to separate central and provincial subjects. Rules framed under the Act clearly defined the jurisdiction of the central and provincial governments, and each legislature could make laws on its own list. The structure, though, stayed centralised and unitary.
The Government of India Act of 1919 clearly defined
- the separation of power between the judiciary and the legislature
- the jurisdiction of the central and provincial governments
- the powers of the Secretary of State for India and the Viceroy
- None of the above
Show answer
Answer: (b) · UPSC official key
Provincial subjects were split into two parts. Transferred subjects were run by the Governor with ministers answerable to the legislative council; reserved subjects were run by the Governor and his executive council, answerable to no one in India. This dual scheme is called dyarchy. So dyarchy refers to the division of the subjects delegated to the provinces into two categories, not to two Houses or to two governments in London and Delhi. It largely failed.
In the context of Indian history, the principle of ‘Dyarchy (diarchy)’ refers to
- Division of the central legislature into two houses.
- Introduction of double government i.e., Central and State governments.
- Having two sets of rulers; one in London and another in Delhi.
- Division of the subjects delegated to the provinces into two categories.
Show answer
Answer: (d) · UPSC official key
The 2012 paper asked for its principal features. Two are right: introduction of dyarchy in the executive government of the provinces, and devolution of legislative authority by the centre to the provinces. Separate communal electorates for Muslims came ten years earlier, in 1909. The key is 1 and 3.
Which of the following is/are the principal feature(s) of the Government of India Act, 1919? 1. Introduction of dyarchy in the executive government of the provinces 2. Introduction of separate communal electorates for Muslims 3. Devolution of legislative authority by the centre to the provinces Select the correct answer using the codes given below :
- 1 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (c) · UPSC official key
Other changes in Detail 1919
| Bicameral centre | The Indian Legislative Council became two Houses: the Council of State (upper) and the Legislative Assembly (lower); most members of both directly elected |
|---|---|
| Viceroy’s council | Three of its six members (other than the Commander-in-Chief) had to be Indians |
| Franchise | A small electorate, on property, tax and education qualifications |
| Services | A Public Service Commission was provided for; the Central PSC was set up in 1926 |
| Budgets | Provincial budgets separated from the central budget |
| Review | A statutory commission to report after ten years: this became the Simon Commission |
→ Federal System The 1919 subject lists are the first draft of the Seventh Schedule.
Mains box: analysis and answer points
- India was now governed directly by, and in the name of, the British Crown.
- Regulating the Company's trade was not one of them: the Company had stopped trading in 1833.
- Likely next angle: Viceroy title and the Secretary of State's position; ordinance power under the 1861 Act
Practice
Practice MCQs (8)
Which one of the following statements about the Government of India Act, 1858 is correct?
Answer (d) & explanation
Option (d) is correct: the 1858 Act abolished the Board of Control and the Court of Directors, ending the double government begun by Pitt's India Act. Option (a) is wrong: Indians were first associated with law-making under the Indian Councils Act, 1861, when the Viceroy nominated three Indians in 1862. Option (b) reverses the hierarchy: the Secretary of State was a member of the British Cabinet, responsible ultimately to the British Parliament, and the Viceroy was his agent. Option (c) is the opposite of Laxmikanth's assessment: the Act was largely confined to improving the administrative machinery through which the Crown would supervise India and did not much alter the system of government in India itself.
Which one of the following was NOT a feature of the Indian Councils Act, 1909?
Answer (d) & explanation
Options (a), (b) and (c) are features of the Morley-Minto Reforms. The Act introduced separate electorates for Muslims, which is why Lord Minto is called the Father of Communal Electorate. It also gave separate representation to presidency corporations, chambers of commerce, universities and zamindars, and it brought Indians into the executive councils of the Viceroy and the Governors. Option (d) is not a 1909 feature: the Indian Legislative Council was replaced by a bicameral legislature, the Council of State and the Legislative Assembly, only under the Government of India Act, 1919.
With reference to the Government of India Act, 1858, consider the following statements:
1. It changed the designation of the Governor-General of India to that of Viceroy of India, who became the direct representative of the British Crown in India.
2. It created a 15-member Council of India to assist the Secretary of State for India, who was its chairman.
3. It gave statutory recognition to the portfolio system in the Viceroy's Executive Council.
Which of the statements given above is/are correct?
Answer (b) & explanation
Statement 1 is correct: under the Act for the Good Government of India, 1858, the Governor-General became the Viceroy, the direct representative of the Crown; Lord Canning was the first. Statement 2 is correct: a new office of Secretary of State for India, a member of the British Cabinet, was created, assisted by a 15-member advisory Council of India of which he was the chairman. Statement 3 is incorrect: the portfolio system was introduced by Lord Canning in 1859 and got statutory recognition through the Indian Councils Act, 1861, which empowered the Viceroy to make rules for the more convenient transaction of business. Hence 1 and 2 only.
Match List-I (Act) with List-II (Governor-General/Viceroy of India at the time of its passing): List-I A. Indian Councils Act, 1861 B. Indian Councils Act, 1892 C. Indian Councils Act, 1909 D. Government of India Act, 1919 List-II
1. Lord Lansdowne
2. Lord Chelmsford
3. Lord Canning
4. Lord Minto
Select the correct answer using the code given below:
Answer (a) & explanation
The 1861 Act came under Lord Canning (1856–62), who had started the portfolio system. The 1892 Act came under Lord Lansdowne (1888–94). The 1909 Act is the Morley- Minto Reforms, named after John Morley, the Secretary of State, and Lord Minto, the Viceroy (1905–10). The 1919 Act is the Montagu-Chelmsford Reforms, after Edwin Montagu, the Secretary of State, and Lord Chelmsford, the Viceroy (1916–21). Hence A-3, B-1, C-4, D-2.
Consider the following statements about the Indian Councils Act, 1861:
1. It provided that the Viceroy should nominate some Indians as non-official members of his expanded council.
2. It restored the legislative powers of the Bombay and Madras Presidencies.
3. It empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency.
4. It gave the members of the legislative council the right to discuss the budget.
How many of the statements given above are correct?
Answer (c) & explanation
Statements 1, 2 and 3 are correct. The Indian Councils Act, 1861 began the association of Indians with law-making: in 1862 Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. It reversed the centralising trend of 1833 by restoring the legislative powers of Bombay and Madras, the start of legislative devolution. It also gave the Viceroy an ordinance power for emergencies, with an ordinance lasting six months. Statement 4 is incorrect: the right to discuss the budget came only with the Indian Councils Act, 1892. Hence only three.
With reference to the Indian Councils Act, 1892, consider the following statements:
1. It gave the legislative councils the power to discuss the budget.
2. It gave the Central Legislative Council a majority of non-official members.
3. It allowed the members to address questions to the executive.
Which of the statements given above are correct?
Answer (a) & explanation
Statements 1 and 3 are correct: the Indian Councils Act, 1892 enlarged the functions of the councils by giving them the power to discuss the budget and to address questions to the executive. They still could not vote on the budget, and supplementary questions came only in 1909. Statement 2 is incorrect: the Act increased the number of non- official members in the central and provincial councils but maintained the official majority in both. Even the 1909 Act kept an official majority at the Centre and allowed a non-official majority only in the provinces. Hence 1 and 3 only.
Under the Indian Councils Act, 1892, some non-official members of the Central Legislative Council were nominated by the Viceroy on the recommendation of
Answer (b) & explanation
The Indian Councils Act, 1892 introduced a limited and indirect element of election without using the word 'election'. At the Centre, the Viceroy nominated some non-official members on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce. In the provinces, the Governors nominated non-official members on the recommendation of district boards, municipalities, universities, trade associations, zamindars and chambers of commerce. Options (a) and (c) therefore describe the provincial level, not the Centre, and option (d) describes an electoral-college system that did not exist in 1892.
Consider the following pairs: Act — Community to which it provided separate electorates
1. Indian Councils Act, 1909 — Muslims
2. Government of India Act, 1919 — Sikhs
3. Government of India Act, 1919 — Indian Christians
4. Government of India Act, 1919 — Depressed classes
How many of the pairs given above are correctly matched?
Answer (c) & explanation
Pairs 1, 2 and 3 are correct. The 1909 Act introduced separate electorates for Muslims. The 1919 Act extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans. Pair 4 is wrong: the depressed classes did not get separate electorates in 1919. They were offered separate electorates by the Communal Award of 1932, and the Poona Pact (September 1932) replaced this with seats reserved for them within the general (joint) electorate. Hence only three pairs.
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Flashcards (7)
Who was the first Viceroy of India?
Lord Canning (1858).
Which Act abolished the Board of Control
and the Court of Directors? The Government of India Act, 1858.
Which Act first brought Indians into law-
making by nomination? The Indian Councils Act, 1861.
Which Act allowed members to discuss the
budget for the first time? The Indian Councils Act, 1892.
Which Act introduced separate electorates
for Muslims? The Indian Councils Act, 1909 (Morley- Minto).
First Indian in the Viceroy's Executive
Council? Satyendra Prasad Sinha, law member (1909).
What does dyarchy mean?
Provincial subjects split into reserved and transferred (1919).
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