The Indian councils act 1909

1. The Indian Councils Act 1909

2. • The Act is also referred to as the Morley-
Minto reforms named after the two British
officials who played a key role in its drafting:
Lord Minto and Lord John Morley
• the Viceroy and Secretary of State of British
India respectively during 1905-10
• introduced by the British government in India
as a step towards including Indians in
government.

3. • In the early 20th century, two developments
emerged in the Indian national movement:
first, nationalists became increasingly vocal and
adopted a stronger tone while demanding
representation of Indians in government
In 1906, Lord Minto prepared a minute where
he argued that the growth of education had
led to the rise of classes in India that began to
claim equality of citizenship and demanded a
greater say in government.

4. • Second
• the period saw the emergence of extremist
nationalists who aimed to undermine the
foundations of the British rule
• the most violent form of this movements led
the assassination of government officials –
both Indian and British.
• The British termed the prevailing political
situation in the country as the ‘Indian Unrest’

5. • it consists of eight articles and two schedules
• Its core feature is the recognition of the
principle of elections of members to the
central and provincial legislative councils.
• The articles of the Act
increased the size of various provincial
legislative councils
created executive councils in the provinces of
Bombay, Madras and West-Bengal

6. • the extent of (limited) franchise
• qualifications for members of legislative
councils
• most significant – the introduction of separate
electorates for Muslims.
• While Indian nationalists welcomed the Act
itself but they were not happy with the rules
and regulations

7. • R. Coupland in The Constitutional Problem of
India (1944) argues that while the Act could
be seen as introducing representative
government – British state officials did not
think so and underplayed this. They still
considered legislative councils as ‘durbars
rather than parliaments’ and felt that Indians
were not ready for self-government.

8. • Lord Morley himself told the House of Lords:
‘if it could be said that this chapter of reforms
led directly or necessarily to the establishment
of a parliamentary system in India, I for one,
would have nothing at all to do with it’.

9. • 8.1 This Act may be cited as the Indian
Councils Act, 1909, and shall be construed
with the Indian Councils Acts, 1861 and 1892,
and those Acts, the Indian Councils Act, 1869,
the Indian Councils Act, 1871, the Indian
Councils Act, 1874, the Indian Councils Act,
1904, and this Act may be cited together as
the Indian Councils Acts, 1861 to 1909.

10. FIRST SCHEDULE
• Legislative Council of the Governor-General -
60
• Legislative Council of the Governor of Fort Saint
George - 50
• Legislative Council of the Governor of Bombay - 50
• Legislative Council of the Lieutenant-Governor of
the Bengal Division of the Presidency of Fort
William - 50
• Legislative Council of the Lieutenant-Governor of
the United Provinces of Agra and Oudh - 50

11. • Legislative Council of the Lieutenant-Governor of
the Province of Eastern Bengal and Assam - 50
• Legislative Council of the Lieutenant-Governor of
the Province of the Punjab - 30
• Legislative Council of the Lieutenant-Governor of
the Province of Burma - 30
• Legislative Council of the Lieutenant-Governor of
any Province which may hereafter be constituted
- 30