Constitutional Development (1858-1947)

The Government of India Act 1919 introduced dyarchy, expanding provincial legislative councils, increasing Indian representation and granting women’s suffrage. It marked a significant step towards Indian self rule, despite its limitations.The Government of India Act of 1919 was a significant step towards increasing political participation and representation in British India. It introduced a dual system of government known as dyarchy where certain subjects like education, public health, and agriculture were transferred to Indian ministers, while the British retained control over finance, law and order.

Key Reforms –

1. The Act increased the number of elected members in the provincial legislative councils with 70% of members being elected .
2. The dual system of government allowed Indian ministers to have control over certain subjects, while the British retained control over key areas.
3. The Act provided for increased Indian representation in the central legislature with the Imperial Legislative Council being enlarged and reformed.
4. The Act granted women the right to vote marking a significant milestone in the struggle for women’s empowerment in India .

Limitations –

1. The electorate was limited to a small, privileged group of people who paid a minimum tax of Rs. 3000 .
2. The British retained control over key areas like defense, foreign policy and finance limiting Indian autonomy .

Overall, the Government of India Act of 1919 was a significant step towards increasing political participation and representation in British India but it had its limitations.The Government of India Act 1919 was enacted to address the Indian nationalist movement’s demands and calm post World War I unrest, introducing reforms to increase Indian participation in government.

The Montagu-Chelmsford Reforms originated from the report submitted by Edwin Montagu, Secretary of State for India and Lord Chelmsford, Viceroy of India in 1918 which proposed constitutional reforms to increase Indian participation.The Montagu-Chelmsford Reforms enacted through the Government of India Act 1919 marked a significant milestone in India’s struggle for self-rule. These reforms aimed to address Indian political aspirations by increasing Indian participation in the government .

• The reforms introduced dyarchy, a system of double government where certain subjects like education, public health and agriculture were transferred to Indian ministers while the British retained control over finance, law and order. This was a crucial step towards self governance as it allowed Indians to have a say in matters affecting their daily lives.
• The Montagu Chelmsford Reforms also expanded the provincial legislative councils with 70% of members being elected. This increased Indian representation in the government and provided a platform for Indians to voice their concerns and aspirations.
• Furthermore, the reforms granted women the right to vote which was a significant milestone in the struggle for women’s empowerment in India .
• the Montagu Chelmsford Reforms had several limitations. The British retained control over key areas like defense, foreign policy and major financial matters. The Viceroy could veto legislation and issue ordinances, ensuring British supremacy.

In conclusion, the Montagu Chelmsford Reforms were a significant step towards Indian self rule, increasing Indian participation in the government and providing a platform for Indians to voice their concerns. However the reforms limitations including British control over key areas, restricted their impact.

The Indian National Congress (INC) is a political party founded on December 28, 1885 with deep roots in India advocating for reforms and self governance within the British Empire .The Indian National Congress played a pivotal role in influencing constitutional reforms during the moderate phase, from 1885 to 1905.

Key Contributions –

1. The Indian National Congress’ economic critique of British imperialism highlighted the exploitative drain of India’s wealth, uneven trade practices and neglect of Indian industries informing their push for constitutional reforms.
2. Constitutional reforms as advocated by the Indian National Congress involved expanding legislative councils, increasing Indian representation and separating the judiciary from the executive, ultimately aiming to democratize the governance of British India .
3. Protection of civil rights was a key role of the Indian National Congress in influencing constitutional reforms. They advocated for freedom of speech, press and expression opposing any attempts to limit these freedoms .
4. The Indian National Congress’s welfare activities during the Moderate Phase focused on promoting primary education and agricultural development. They advocated for the establishment of agricultural banks to rescue peasants from money lenders .

While the Congress faced significant challenges during this period including hostility from the British government, their efforts laid the groundwork for future constitutional reforms and the eventual struggle for independence.

The Cripps Mission led by Sir Stafford Cripps was a British government delegation that visited India in March 1942 to negotiate a constitutional settlement with Indian leaders. The mission had a significant impact on the constitutional negotiations leading to independence.

Key Proposals –

1. The Cripps Mission offered India dominion status which would have made India a self governing dominion of the British Empire similar to Canada or Australia.
2. The mission proposed a constitutional framework that would have established a federal India with a weak central government and strong provincial governments.
3. The proposal granted provincial autonomy allowing provinces to manage their own affairs but with the British government retaining control over defense, foreign affairs and communications.

Impact on Constitutional Negotiations –

1. The Indian National Congress (INC) rejected the Cripps Mission’s proposals as they did not provide for immediate independence or a strong central government.
2. The mission’s proposals did not adequately address the Muslim League’s demands for a separate homeland for Muslims which further complicated the negotiations.
3. The failure of the Cripps Mission led to an escalation of demands from Indian leaders with the INC calling for immediate independence and the Muslim League demanding a separate homeland.
4. The failure of the Cripps Mission damaged the British government’s credibility in India making it increasingly difficult for them to negotiate a constitutional settlement.

The Cripps Mission’s failure marked a significant turning point in the constitutional negotiations leading to Indian independence. The mission’s proposals were rejected by Indian leaders and the failure to address key demands led to an escalation of tensions and a hardening of positions. Ultimately the British government’s loss of credibility and the increasing demands of Indian leaders made it clear that independence was inevitable.

World War II (1939-1945) was a global conflict involving axis powers (Germany, Italy, Japan) and allied powers (US, UK, USSR) resulting in massive destruction.World War II’s influences included weakening colonial empires, fueling Indian independence and shaping the United Nations while also causing massive destruction and loss of life.World War II had a significant influence on the constitutional discourse in British India.

1. The war created a crisis of legitimacy for British rule as the colonial government’s claim to be fighting for democracy and freedom abroad was contradicted by its denial of these same rights to Indians at home.
2. The British government’s need for Indian support during the war led to the August Offer of 1940 which promised Indians a greater degree of autonomy and self government in exchange for their cooperation. However this offer was rejected by the Indian National Congress which demanded immediate independence.
3. The Atlantic Charter issued by the US and UK in 1941, further fueled the demand for Indian independence. The charter’s statement that all peoples had the right to self government was seen as a clear contradiction of British policy in India.
4. The Cripps Mission of 1942 led by Sir Stafford Cripps was an attempt to address Indian demands for self government. However the mission’s proposals were rejected by both the Indian National Congress and the Muslim League.

Overall, World War II marked a significant turning point in the constitutional discourse in British India. The war weakened the legitimacy of British rule and created new opportunities for Indian nationalists to press their demands for independence.