Following the Indian Rebellion of 1857 (usually called the Indian Mutiny by the British), the Government of India Act 1858made changes in the governance of India at three levels:
- in the imperial government in London,
- in the central government in Calcutta, and
- in the provincial governments in the presidencies (and later in the provinces).[24]
In London, it provided for a cabinet level Secretary of State for India and a fifteen-member Council of India, whose members were required, as one prerequisite of membership, to have spent at least ten years in India and to have done so no more than ten years before.[25] Although the Secretary of State formulated the policy instructions to be communicated to India, he was required in most instances to consult the Council, but especially so in matters relating to spending of Indian revenues. The Act envisaged a system of "double government" in which the Council ideally served both as a check on excesses in imperial policy making and as a body of up-to-date expertise on India. However, the Secretary of State also had special emergency powers that allowed him to make unilateral decisions, and, in reality, the Council's expertise was sometimes outdated.[26] From 1858 until 1947, twenty seven individuals served as Secretary of State for India and directed the India Office; these included: Sir Charles Wood (1859–1866), Marquess of Salisbury (1874–1878) (later Prime Minister of Britain), John Morley (1905–1910) (initiator of theMinto-Morley Reforms), E. S. Montagu (1917–1922) (an architect of the Montagu-Chelmsford reforms), and Frederick Pethick-Lawrence (1945–1947) (head of the 1946 Cabinet Mission to India). The size of the advisory Council was reduced over the next half-century, but its powers remained unchanged. In 1907, for the first time, two Indians were appointed to the Council.[27] They were K.G. Gupta and Syed Hussain Bilgrami.
In Calcutta, the Governor-General remained head of the Government of India and now was more commonly called the Viceroy on account of his secondary role as the Crown's representative to the nominally sovereign princely states; he was, however, now responsible to the Secretary of State in London and through him to Parliament. A system of "double government" had already been in place during the Company's rule in India from the time of Pitt's India Act of 1784. The Governor-General in the capital, Calcutta, and the Governor in a subordinate presidency (Madras orBombay) was each required to consult his advisory council; executive orders in Calcutta, for example, were issued in the name of "Governor-General-in-Council" (i.e. the Governor-General with the advice of the Council). The Company's system of "double government" had its critics, since, from the time of the system's inception, there had been intermittent feuding between the Governor-General and his Council; still, the Act of 1858 made no major changes in governance.[28] However, in the years immediately thereafter, which were also the years of post-rebellion reconstruction, Viceroy Lord Canning found the collective decision making of the Council to be too time-consuming for the pressing tasks ahead, so he requested the "portfolio system" of an Executive Council in which the business of each government department (the "portfolio") was assigned to and became the responsibility of a single council member.[27] Routine departmental decisions were made exclusively by the member, but important decisions required the consent of the Governor-General and, in the absence of such consent, required discussion by the entire Executive Council. This innovation in Indian governance was promulgated in the Indian Councils Act 1861.
If the Government of India needed to enact new laws, the Councils Act allowed for a Legislative Council—an expansion of the Executive Council by up to twelve additional members, each appointed to a two-year term—with half the members consisting of British officials of the government (termedofficial) and allowed to vote, and the other half, comprising Indians and domiciled Britons in India (termed non-official) and serving only in an advisory capacity.[29] All laws enacted by Legislative Councils in India, whether by the Imperial Legislative Council in Calcutta or by the provincial ones in Madras and Bombay, required the final assent of the Secretary of State in London; this prompted Sir Charles Wood, the second Secretary of State, to describe the Government of India as "a despotism controlled from home".[27] Moreover, although the appointment of Indians to the Legislative Council was a response to calls after the 1857 rebellion, most notably by Sir Sayyid Ahmad Khan, for more consultation with Indians, the Indians so appointed were from the landed aristocracy, often chosen for their loyalty, and far from representative.[30] Even so, the "... tiny advances in the practise of representative government were intended to provide safety valves for the expression of public opinion, which had been so badly misjudged before the rebellion".[31] Indian affairs now also came to be more closely examined in the British Parliament and more widely discussed in the British press.[32]
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