Course Notes: India 1857-1948
The formal establishment of the British Raj was inaugurated by the Government of India Act of , which was passed in the immediate aftermath of the Indian Rebellion of . This landmark legislation abolished the East India Company's rule and transferred all administrative, territorial, and revenue powers directly to the British Crown. Queen Victoria's Proclamation of promised a policy of non-interference in religious matters and equal protection under the law for all Indian subjects. To manage this vast territory, the British Parliament created the office of the Secretary of State for India, a cabinet-level position based in London, assisted by a -member Council of India. Within the subcontinent, the Governor-General was elevated to the title of Viceroy, serving as the direct representative of the Crown and heading the executive branch and the elite Indian Civil Service (ICS).
To address the administrative isolation that contributed to the uprising, the Indian Councils Act of was enacted to reform the executive and legislative framework. This act introduced the 'portfolio system,' which assigned specific departments to individual members of the Viceroy's Executive Council, effectively creating a modern cabinet. Furthermore, it expanded the Legislative Council by adding 'non-official' members, including nominated Indians, though their role was strictly consultative rather than deliberative. This period also saw the centralization of the judiciary through the High Courts Act of , which merged the existing Crown and Company courts into a unified legal system in the major presidencies.
The late th century was characterized by an increasingly assertive imperial presence and the formalization of colonial hierarchy. The Royal Titles Act of officially declared Queen Victoria as the Empress of India (Kaiser-i-Hind), a move orchestrated by Benjamin Disraeli to solidify the bond between the British monarchy and the Indian princely states. Under the viceroyalty of Lord Lytton, the Delhi Durbar of showcased this imperial grandeur even as the administration faced criticism for the Vernacular Press Act and the Arms Act, which sought to restrict Indian political expression and civil rights.
By the early s, the rise of the Indian National Congress () and intensifying calls for political representation forced the British to concede further reforms through the Indian Councils Act of . This act increased the number of additional members in both the Central and Provincial Legislative Councils. Most significantly, it introduced an indirect principle of election, allowing local bodies, universities, and chambers of commerce to recommend members. Council members were also granted the right to discuss the annual financial statement and ask questions on domestic matters, although they still lacked the power to vote on the budget or propose amendments.
The administrative tenure of Lord Curzon () marked a peak of bureaucratic efficiency and colonial arrogance, culminating in the controversial Partition of Bengal in . This decision, framed as an administrative necessity to manage the large province, was widely viewed as a 'divide and rule' tactic aimed at weakening the nationalist movement. The resulting Swadeshi movement and widespread civil unrest necessitated a more substantial constitutional response. This led to the Indian Councils Act of , known as the Morley-Minto Reforms, named after Secretary of State John Morley and Viceroy Lord Minto.
The reforms significantly expanded the size of the legislative councils at both the central and provincial levels, with the Imperial Legislative Council increasing from to members. For the first time, it allowed for the appointment of Indians to the Executive Councils of the Viceroy and the Governors, with Satyendra Prasanna Sinha menjadi the first Indian to join the Viceroy's Executive Council. Crucially, the reforms introduced the system of separate electorates for Muslims, a policy that recognized communal identities as the basis for political representation. While these reforms increased the elective element and the powers of discussion, they stopped short of granting self-governance, maintaining the ultimate veto power in the hands of the British executive.