Indian Councils Act 1909-Minto Morley

Indian Councils Act of 1909 (Minto Morley Reforms)

The Indian Councils Act is also known as Minto Morley Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India).

The British believed that cracking down on uprising in Bengal was necessary but not sufficient for restoring stability to the British Raj after Lord Curzon’s partitioning of Bengal in 1905. They believed that a dramatic step was required to restore the faith of the Indian upper classes and the moderates in Congress. The Government aimed at rallying the Moderates and the Muslims against the rising tide of nationalism. Muslims had expressed serious concern that a “first past the post” electoral system, like that of Britain, would leave them permanently subject to Hindu majority rule

Provisions of the Indian Councils Act of 1909 (Minto Morley Reforms)

  1. The Act amended the Indian Councils Act 1861 and the Indian Councils Act 1892
  2. The members of the Legislative Councils, both in the centre and in the provinces, were to be of four categories:
  • Ex officio members (Governor General and the members of their Executive Councils)
  • Nominated official members (those nominated by the Governor General and were government officials)
  • Nominated non-official members (nominated by the Governor General but were not government officials)
  • Elected members (elected by different categories of Indian people)
  1. It considerably increased the size of the legislative councils, both Central and provincial. The number of members in the Central Legislative Council was raised from 16 to 60. The number of members in the provincial legislative councils was not uniform. Legislative councils of Bengal, Bombay and Madras was increased to 50 members each.
  2. It retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have non-official majority.
  3. It enlarged the deliberative functions of the legislative councils at both the levels. For example, members were allowed to the legislatures could now pass resolutions (which may not be accepted), ask questions and supplementary questions, discuss the budgets, suggest the amendments, and even to vote on them; excluding those items that were included as non-vote items. Also they could vote separate items in the budget but the budget as a whole could not be voted upon.
  4. The Governor-General was empowered to nominate one Indian member to his Executive Council. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. He was appointed as the law member.
  5. It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate.

Merits of the Indian Councils Act of 1909(Minto Morley Reforms)

  • It effectively allowed the election of Indians to the various legislative councils in India for the first time, though previously some Indians had been appointed to legislative councils.
  • The introduction of the electoral principle laid the groundwork for a parliamentary system even though this was contrary to the intent of Morley.

Demerits of the Indian Councils Act of 1909(Minto Morley Reforms)

  • Lord Morley made it clear that colonial self-government (as demanded by the Congress) was not suitable for India, and he was against introduction of parliamentary or responsible government in India
  • The position of the Governor- General remained unchanged and his veto power remained undiluted
  • Narrow franchises and indirect elections allowed the entry of members in an undemocratic manner
  • Limited powers of the Legislative Councils ushered a complete unaccountable government.
  • The communal electorate system created rifts in society
  • The reforms of 1909 gave to the people of the country a shadow rather than substance. The people had demanded self-government but what they were given was ‘benevolent despotism
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