History ii

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Subject Code: 106
Subject: History II
UNIT I
Early Developments (1600-1836)

1. East IndianCompany and its development
Charter divided into 2 group
The Governor Company of Merchants of London trading into the East Indies Known
as East India Company in Sort When Came to India
Administration System
Legal System

British East India
Company Agents

R o y a l C h a r t e r s
A brief information& deliberation
•What is a Charter ?
Charter is a record of Public Act, delegating rights &privileges to recipients
(in form of public declaration& not addressed to recipient,
but notified to public).
•Legal status
A charter is a legally binding document incorporating an organization or institution
and specifying its purpose, remit or by laws. Organizations, such as Institution of
Civil Engineers in UK is chartered to maintain and advance, science and practice of
civil engineering in UK and by this charter has right to regulate business of civil
engineering in UK; this gives rise to a status of a ‘chartered engineer’- one who
satisfies requirements of charter holding organisation. Royal Charters also exist and
may have legal status in case normally comes from a ‘Royal Charter’.

•East India Company
Royal Charter was granted to East India Company in year 1600 to do merchandise &
rule India
•Ministry of Law India
Ministry of Law, Government of India had been granted Royal Charter in year1833
•Charter
A Charter is simply a document, which records a Public Act, particularly, record of a
gift or grant.
•English history
In English history. Charters are associated with delegation of authority and were
used by medieval Kings and their descendants, to give some powers of self-rule to
urban communities. Contents were determined by a combination of tradition, customs
and current practice. They were written to offer aspirations of towns people to ruling
Monarch for approval, and were often based around previous Charters granted to
other
towns.

British East India Company
1. In 1600, Queen Elizabeth charted British East India Company.
2. Between 1601-13, merchants of East India Company took twelve voyages to India,
and in 1609 William Hawkins arrived at court of Jahangir, Akbar's successor, to seek
permission to establish a British presence in India.
3. Hawkins was rebuffed by Jahangir, but Sir Thomas Roe, who presented himself
before Mughal Emperor in 1617, was rather more successful.
4. Two years later, Roe gained Jahangir's permission to build a British factory in
Surat,and in 1639, this was followed by founding of Fort St. George (Madras).
5. Despite some setbacks, such as Company's utter humiliation at hands of the Mughal
Emperor Aurangzeb, with whom Company went to war between 1688-91, Company
never really looked back.
6. As charter indicates hereinafter, East India Company was both empowered to
trade and to govern.
7. As Mughul Dynasty weakened, East India Company became more and more defacto
government of India, a condition that persisted into 19th century.
8. Excerpts of Charter Granted by Queen Elizabeth to East India Company, 31
December 1600 follow

Administration of Surat:
(1612-1687)
Most Important Factory Initially .Important Commercial Centre. Populous Town &
International Port.1612 Established Factory at Surat. The Governor and Company of
merchant of London training into East.(15 year).1615 mughal farmaan and special
power to them. Governor and council (less knowledge of law)Qazi Court made by
Muslim Ruler to solve cases
•Defects in Surat
•No knowledge of law
•Fight between them only
•Corruption
•Hindu and
•Muslim
•law applied on them.

Administration of Madras(1693-1726)
Divide into 3 phase
1st phase
3rd
phase
2nd phase

1st phase1639 -1665 (Administrative set up, Judicial Set up, No
Established Procedure)
•The Charters and courts: Company was under the administration of an Englishmen
who called agent. They were authorized for civil and criminal cases
•Charter 1661: for improving judicial system in madras governor and council appointed
for
•Judge for civil and criminal law according to the laws of England
•Black and white town
•Black town Choultry Court(officer known as Adigaar
•On his corruption EIC appoint company to its post.
•On serious crime than permission by Hindu ruler and punish according to UK law
•No Diwani and Faujdari cases to this court
•No judicial system

2ndphase1665-1688 (Delay in Justice)
•Judicial system Appointed Streyn sham Master as governor in 1678 the whole judicial
system was recognized by him the court of governor and council was designated as high
court of judicature. court will twice a week and decide all civil and criminal cases with
12 jury man and also recognized old choultry court(small cases only)and Indian officer
replaced by English officer and of company services.
•The number of Judge was increased to 3 out of at least 2 were required to preside the
trial and sit two in a week i.e. Thursday and Friday.
•The Judge of choultry court will take care and clerk registers all the punishments. High
court of judicature hears appeal of choultry court it’s consist of governor and council.
English as court language
•English is an official language of Madras court till 1680 and after that Tamil,
Portuguese and Malayalam. Court of Admiralty(punish to illegal trader or sea matter)
•.Governor and council neither they are regular nor they are ready to give justice in a
manner. Tough to solve faujdari matter.
•Governor and council with 12 faujdari member to solve cases.
•Judicial power to governor not to agent .
•Petty Jury (6englishmen and 6 Portuguese )

3rd phase 1688-1725 (Admiraly, Mayor,Choultry Court and Corporation of
Madras)
•Court
➢Chaultry Court10
➢Mayor Court(end of the chapter)
➢Admiralty Court
➢High Court of Madras
•ADMIRALTY COURT-
•On August 9 1683, Charles II granted charter to the company to establish the courts
which was to consist of person learned in the Civil law and 2 merchants appointed by
the company.
•Court got the power to hear and try cases related to the mercantile, maritime, trespass,
injury and wrongs etc.
•Again on April 12, 1686 Charles II issued a new charter with same provisions.
•Chief Judge of the Admiralty Court was known as the Judge–Advocate.

• In 1687 company sent from England Sir John Biggs a professional lawyer learned
in civil law to act as the Judge advocate of Admiralty Court.
• After this the Governor and his Council stopped performing their Judicial
Functions and the Admiralty Court bestowed justice in all cases civil, criminal as
well as maritime.
• Sir Biggs Died in 1689 and Governor again took the charge of judicial function.
• In 1692 the Company sent John Dolben as new Judge advocate and in 1694 he was
dismissed on the charge of taking bribes.
• In 1696 company directed that members of the council should in succession serve
as the Judge advocate. After William Fraser, a merchant was appointed as Judge
advocate later he resigned and no one was ready to become the Judge advocate, so
company made the court registrar the Judge advocate.
• 1698 onwards, under the instructions of the company, the Governor and council
started hearing appeals from the Admiralty court in cases involving less than 100
pagodas. After 1704 admiralty court ceased to sit on regular basis.
• Court dead and Corporation made and Mayor Court form headed by Mayor 1688.

• Developments in Administration of Justice during this period.
The realisation of the need to shift from a “common” to a “civil” lawyer. The
Governor and his council relinquished their judicial functions which they had
been exercising hitherto the charter of 1661 and ceased to sit as a court. This
marked the separation of the Executive from the Judiciary. In 1683 the English
Common Law was practically devoid of rules governing mercantile cases.
5.Administration of Bombay (1668-1726) Charter 1668:
1670 judicial plan
1672 new judicial plan
1684-1690 admiralty court conflicts Judicial machinery 1718-1728 Court in
Bombay
➢Court of judicature- civil and criminal
➢Court of conscience- small cases
➢Contract court-deputy governor and its council-serious matter
➢Admirality court- according to charter 1648

FIRST STAGE: 1668- 1683
SECOND STAGE: 1683- 1690
THIRD STAGE: 1718- 1726
First stage 1668- 1683(Judicial system)
•Charter of 1668. judicial system
•Custom officer appointed in each divisions
•Jury system11
•Deputy governor and council(judicial system 1670)
•Bombay in 2 parts each court has 5 judges. Custom officer has judicial officer
Some Indian appointed as judge and sitting of at least 3 judges is necessary.
BOMBAY
JUDICIAL
STAGES

BOMBAY
Bombay divided into 2 divisions12
SURAT PRESIDENCY(GOVERNORAND COUNCIL)
•Each division had one court with 5 judges.
•The custom officer was to be president of the court
•New system consisted of George Wilcox as judge.
•The court was to have jurisdiction in all cases civil, criminal, probate and testamentary.
Bombay was divided into 4 sections.Justices of peace were appointed.court of
conscience (small matter and once in a week)delay in judgment and jurisdiction is 20
ciraffin(Portugal coin) Bombay, Mahik,Majgaon, Sion (4 section of Bombay).Follow
125yr. Portugal system
•Each division has sanchalak and Justice of peace
•The deputy governor and council were constituted as superior court.

Second Stage 1683- 1690 (Admiralty Court)_
•Dr. John St John was a person learned in the civil law. Charter of 1683
•King’s Bench of common pleas.
•1690 Bombay attacked by admiral Siddi.
•1690- 1718 is the dark period in legal history of island. 1687 Bombay became
presidency.
•Appoint Dr. Saint John salary (200 pound/year) (knowledge of law)
Third stage 1718- 1726 (Indian Judges, Working of the Court)
•30 year no court system in Bombay 15/03/1718 new court in Bombay 9 judge (5
bristher+4 Indian)
•In 1718, a court appeared again in Bombay with chief justice and nine other judges, of
whom 5 were British.
•Indians were called black justices.
•Awarded imprisonment ‘during pleasure’, which meant indefinite period of custody.
Seat once in a week
•Appeal to Governor general and Council
•Work till 1726 than 10/2/1728 royal charter issue Mayor Court. That court name has
court of judicature

THE MAYOR’S COURT
Factors Leading to the Establishment of Mayor’s Court
Before 1726 there were different judicial system functioning in the British Settlement,
which were increased in number by 1726. As a result the servants of the many, working
at such different settlements were subject to different sets of courts. There was, thus a
lack of uniformity in the British settlements, for the same offence wild entail different
and sometimes Contrary Penal Consequence. There was also another factor which
compelled the Company to have a uniform law.
There were quite important distinguishing feature between the Company’s Mayer’s
Court and the Crown’s Mayor’s Courts established under the Charter of 126. The main
differences are given below,
•the Mayor’s Court under the Charter of 1687 was created by the Company while the
Mayor’s Courts under the Charter of 1726 drew their power directly from the Crown.
Thus the latter were on a superior footing than the former
•The Charter of 1687 created only one Mayor’s Court at Madras, it did not touch the
judicial system prevailing in other settlements, presidencies under the Company.

The Mayor’s Court established under the Charter of 1687 made a provision for the
representation of the natives on the court. The Crown’s Mayors Courts did not have any
such representation, though there was a provision I for the same in the Charter of 1726.
•No doubt, the Crown’s Mayor’s Courts established under the charter of 1726 were
definitely superior courts so far as their status is concerned, but in strict judicial and
legal manner, the Company’s Mayor’s Court was better equipped, for there was a
provision for a lawyer-member who was to be called the Recorder. The Charter of 1726
although it purported to improve the judicial system in India, did not make any such
provision. . Thus the Courts established in 1726 were mostly composed of Company’s
civil servants who did not have sufficient experience in legal matters.
•There was yet another important distinction between the two Mayor’s Courts. The
Company’s Mayor Court evolved its own procedure and dispensed justice in
accordance with the rules of common sense, equity and good conscience. It avoided the
intricate procedural technicalities. But the Charter of 1726 which introduced the British
laws into India brought all the legal technicalities of the British Courts of law. Thus the
entire gamut of British laws

and its procedure were foisted on the Courts established under the Charter of 1726.
•The Charter of 1726, in a way, did away with the concept of separation between the
executive and the judiciary in criminal matters. The Governor-in-Council acted as the
criminal court while the Mayor’s Courts handled only the civil matters and testamentary
and probate of wills cases. On the other hand, the Mayor’s Court at Madras was
invested with power to handle all civil and criminal matters and appeals from its
decisions went to the Admiralty Court rather than the Governor-in-Council.
The Charter of 1726 also constituted a Mayor’s Court for each of the presidency towns
consisting of a Mayor and nine Aldermen. Three of them i.e., the Mayor or senior
Alderman together with two other Aldermen were required to be present to form the
quorum of the Court. The Mayor’s Courts were declared to be present to fan the
quorum of the Court. The Mayor’s Courts were declared to be Courts of record and
were authorized to try, hear and determine all civil actions and pleas between party and
party. The Court was also granted testamentary jurisdiction id power to issue letters of
administration to the legal heir of the deceased person. It was authorized to exercise its
jurisdiction over all persons living in the presidency own and working in the
Company’s subordinate factories.

Supreme court established under the 1774 charter
The supreme court established under the 1774 Charter , became an institution which
was disliked and dreaded equally by the officers of the government and especially
Indians.
Major cases which led to this situation
The East India Company became the dominant political power in the 18th Century
and passed the Regulating Act 1773.
Objectives-• Reform in constitution of the company.
•Reform in administration in India
•To provide remedies against company’s oppression in India.
Features of the Act:
•Governor was raised to power of governor general.
•Entire military and civil powers were vested in governor general.
•Government of presidencies of Madras and Bombay were put under Governor-
General at Calcutta.
•All judges were prohibited from accepting gifts.
•Even judges can be tried in King’s Bench in England

Warren Hastings Judicial Plan 1772-1774-1780
Court in 1772
Administration Of Justice: First Stage
Court Judicial Plan of 1772 -1780
Civil Justice (Mofussil Diwani Adalat)
Criminal Justice (Mofussil Faujdari)
Sadar Nizamat Adalat
Revenue Administration

The Man who first introduced the system of tires & grades in India

Lord Cornwallis‟s Judicial Plans of 1787, 1790 and 1793

Following reforms were introduced by Lord William Bentinck:
•The first reform done was to abolish the Provincial Courts of Appeal and Circuit
Courts altogether. This was done by a regulation passed in 1829.
•In place of the Provincial courts of appeal and Circuit, the Commissioners of
Revenue and Circuit were appointed to do this job.
•For this purpose, the Bengal Presidency was divided into 20 divisions and each
division was placed under a separate commissioner.
•For revenue cases these commissioners worked directly under the Board of Revenue
and for Criminal cases they worked under Sadar Nizamat Adalat.
•Separate Diwani and Sadar Nizamat Adalat were opened at Allahabad.
•In 1831, another regulation was passed by which the “Respectable Indians” were to be
appointed in the Zilla or City Courts. They were called “Munsifs“. Munsifs were to be
appointed on a salary and they could decide the cases worth less than Three Hundred
Rupees.
•Then, in a separate regulation, it was decided the Governor General in Council would
appoint respectable Indians to the post of Sadar Amins. The Sadar Amins would hear
appeals from the Zilla and city courts.

•Sadar Amin was now the highest Judicial Indian authority. However, neither Munsifs
nor Sadar Amins could trial the Europeans.
•In 1832, a sort of Jury was introduced in Bengal, which was like Indian Jury
(Panchayat) that could help the European Judges.

UNIT II
Evolution of Law and Legal Institutions

Personal Laws
In India different religions like Hindu, Muslim, Christian and Parsi etc are governed
by their own personal law as Hindu law (Hindu law acts 1955-56), Muslim law
(Muslim personal laws (Shariat) application act 1937), Christian law, Parsi law (Parsi
marriage and divorce act 1936), respectively. Every religion follows their own
personal laws in the family matters pertaining to marriage, adoption, succession and
so on.

Hindu Law
Hindu Law is considered to be one of the most ancient systems of law known to the
world.Hindu law is applicable to the personal and family matters of Hindus such as
marriage, divorce, maintenance, adoption, minority and guardianship, rights of a
member of joint family, pious obligation of sons for the debts of the father, alienation of
family property, partition of joint family property and succession.
source of hindu law
Custom or Usage is a very important source of Hindu Law.
Section 3 (a) of the Hindu Marriage Act 1955 defines this expression as:
Custom or usage is a rule which has been continuously and uniformity observed for a
long time among the Hindus in any local area, tribe, community, group of family. The
rule should be certain, should not be unreasonable, should not be opposed to public
policy and has not been discontinued by the family.
Legislation is the most important modern source of Hindu Law. Several enactments have
been passed by the Parliament to regulate marriage, adoption, maintenance etc among
Hindus. Hindu Marriage Act, 1955 ,The Hindu Succession Act 1956, the Hindu Minority
and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act 1956 are
examples of such legislations.

Islamic /Muslim law
Muslim Law is applicable only to Muslims. A person one who believes that there is
only one God and that Mohammed is his Prophet is a Muslim. Muslims consist of two
sects namely Sunnis (governed by Sunni Law) and Shia (governed by Shia Law). There
are some difference between these laws but the sources of these laws are one and same,
namely the Holy Quaran, the Sunnat and the Ijma.
The Ouaran is the principal source of Muslim Law. Muslim personal law is founded on
the divine revelations embodied in the Quaran. The Holy Quaran is the very word of
God. Quaran contains a detailed code of conduct for the Muslims. Quaran is divided
into 114 chapters and consists of about 6666 verses. About 200 verses of Quaran are
concerned with legal principles and nearly about 80 verses are concerned with marriage
,dower, divorce and Inheritance.
Muslim Law has been further supplemented and modified by state legislation and
modern judicial precedents of the High Courts and the Supreme court of India and also
of the Privy Council. In India, Muslims also governed in their personal matters like
marriage, dower etc., by the various legislations passed either by the Parliament or by
State legislatures. Muslim law is governed according to the provisions of Muslim
personal laws (Shariat) application act 1937.

Christian Law
Christian law, as a branch of personal law, is primarily applicable to the Christian
community. In India the Christian law is governed by the provisions of Indian Christian
marriage act 1872. the Indian divorce act 1869, and the concerts Marriage dissolution
act 1936. Christian law deals with matters such as marriage, divorce, succession,
adoption etc.

Law commission India (bef. 1947)
1834 1853 1861 1879
First Law Commission 1834
making
•Penalcode
Lex loci
Cpc
Lmitation
Stamp law

Indian High Courts Act 1861- Establishment of High Courts of
Calcutta, Madras and Bombay
By Indian High Courts Act 1861, the Supreme & Sadar Courts were amalgamated. The
‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to
erect and establish High Courts of Calcutta, Madras and Bombay.
The High Courts of Calcutta, Madras and Bombay were established by Indian High
Courts Act 1861.
It’s worth note that Indian High Courts Act, 1861 did not by itself create and establish
the High Courts in India. The objective of this act was to effect a fusion of the Supreme
Courts and the Sadar Adalats in the three Presidencies and this was to be consummated
by issuing Letter Patent. The jurisdiction and powers exercised by these courts was to
be assumed by the High Courts.
Composition of the High Court’s:
•The Indian High Courts Act 1861 had also spelled the composition of the High Court.
•Each High Court was to consist of a Chief Justice and NOT more than 15 regular
judges.
•the chief Justice and minimum of one third regular judges had to be barristers and
minimum one third regular judges were to be from the “covenanted Civil Service”.

All Judges were the be in the office on the pleasure of the Crown.
The High Courts had an Original as well as an Appellate Jurisdiction the former derived
from the Supreme Court, and the latter from the Sudder Diwani and Sudder Foujdari
Adalats, which were merged in the High Court.
Please note the following facts:
The Charter of High Court of Calcutta was issued on 14th May, 1862 and Madras and
Bombay was issued on June 26, 1862.
So, the Calcutta High Court has the distinction of being the first High Court and one
of the three Chartered High Courts to be set up in India, along with the High Courts of
Bombay, Madras.
High Court at Calcutta which was formerly known as High Court of Judicature at Fort
William was established on July 1, 1862. Sir Barnes Peacock was its first Chief Justice.

•On 2nd February, 1863, Justice Sumboo Nath Pandit was the first Indian to assume
office as a Judge of the Calcutta High Court.
•The Bombay High Court was inaugurated on 14th August ,1862.Indian High Court
Act 1861 also gave power to set up other High Courts like the High Courts of the
Presidency Towns with similar powers.Under this power, a High Court was
established in 1866 at High Court of Judicature for the North-Western Provinces at
Agra on 17 March 1866 by the Indian High Courts Act of 1861 replacing the Sadr
Diwani Adalat.
Sir Walter Morgan, Barrister-at-Law was appointed the first Chief Justice of the High
Court of North-Western Provinces. However it was shifted to Allahabad in 1869 and
the name was correspondingly changed to the High Court of Judicature at
Allahabad from 11 March 1919

UNIT III
Constitutional Developments and
Framing of Indian Constitution

The Indian Councils Act 1861 was passed by British Parliament on 1st August
1861 to make substantial changes in the composition of the Governor General’s
council for executive & legislative purposes. The most significant feature of this
Act was the association of Indians with the legislation work.
Reasons for Enactment of Indian Councils Act
The Government of India Act 1858 had introduced significant changes in the manner
in which India was governed from England, however, it did not alter in any
substantial way the system of government that prevailed in India. Further, in the
aftermath of the Mutiny of 1857, there was a general perception in England that it
would be very difficult to secure the government in India without the cooperation of
Indians in administration. These were the main reasons behind enacting some
legislation which could overhaul the system of administration in India. Some other
reasons were as follows:
Centralized law making was defective
The Charter act of 1833 had centralized the legislative procedures and deprived the
governments of Madras and Bombay of their power of legislation. The idea behind
centralizing the law making was secure uniformity of laws in the whole territory of
East India Company but this system proved to be defective. It had only one
representative each of the four provinces and it failed to make laws suiting to local
conditions.

Key Provisions
Expansion of executive council of Governor General / Viceroy
The executive council of Governor General was added a fifth finance member. For
legislative purpose, a provision was made for an addition of 6 to 12 members to the
central executive. At least half of the additional members were to be non-officials.
These members were nominated by the Viceroy for the period of two years. Further,
the Governor General / Viceroy had been given some more powers such as:
He was authorized to nominate a president to preside over the meetings of the
Executive council in his absence.
He had the power of making rules and regulations for the conduct of business of
executive council.
He could create new provinces for legislative purposes and to appoint Lieutenant
Governors for them. He was also empowered to alter, modify or adjust the limits of
the provinces.
He could promulgate ordinances, without the concurrence of the legislative council,
during and emergency.

Though the central council was empowered to legislate on all subjects concerning all
persons and courts in British India but every bill passed required the assent of viceroy.
He could withhold his assent or exercise his veto power if he felt that the bill affected
the safety, peace and interest of British India.
He had to communicate all laws to secretary of state for India who could disallow them
with the assent of the crown.
Introduction of Portfolio System
The Act empowered the Governor-General to delegate special task to individual
members of the Executive council and hence all members have their own portfolio and
death with their own initiative with all but the most important matters. This was the first
beginning of Portfolio system in India.
No distinction between Central and Provincial subjects
No distinction was made between the central and provincial subject. But measures
concerning public debt, finances, currency, post-office, telegraph, religion, patents and
copyrights were to be ordinarily considered by the Central Government.

Process of Decentralization
The Governments of Bombay and Madras were given the power of nominating
Advocate-General and not less than 4 and not more than 8 additional members of the
Executive council for purpose of legislation. These additional members were to hold
office for two years. The consent of the Governor and the Governor-General was made
necessary for all legislation passed or amended by the Governments of Madras and
Bombay. Further, the act provided for the establishment of new legislative councils for
Bengal, North-Western Frontier Province and Punjab, which were established in 1862,
1866, and 1897 respectively.

Critical Examination of the Indian Councils Act 1861
The Act of 1861 was important in the constitutional history because it enabled the
Governor-General to associate the people of the land with work of legislation. And by
vesting legislative powers in the Governments of Bombay and Madras which
ultimately culminated in grant of almost complete internal autonomy to the provinces
in the 1937.
However, the legislative councils were merely talk shops with no power to criticize
the administration or ask for some information. Their scope was fixed in legislation
purpose alone; they had no right to move some kind of vote of no confidence. Further,
there was no statutory / specific provision for the nomination of Indians.
This nomination power of the Viceroy could be used only to placate the princes who
could help the British to keep their stronghold. Further, the ordinance making power
of the Governor General allowed him to make laws it his own whim. In summary, the
Indian Councils Act 1861 failed to satisfy the aspirations of the people of India.

Indian Councils Act 1909
Lord Minto served as Viceroy of India since from 1905 to 1910. He
succeeded Lord Curzon in 1905. Sir Henry Campbell-Bannerman who is
first man to be given official use of the title ‘Prime Minister’ became Prime
Minister in 1905. When he formed his cabinet he appointed John Morley as
Secretary of State for India.
This was the time of unrest in India. Both the Viceroy and the Secretary of
State for India decided to work out some scheme to reform the Legislative
councils. This culminated as Indian Councils act 1909 or Minto-Morley
reforms. The idea was to give locals some more power in the legislative
affairs. The act was passed in 1911. A provision was made for the expansion
of legislative councils at the both the levels viz. central as well as
provincial. The Indian Councils Act, 1909 was an unfortunate turn in our
history for many reasons.

Important Provisions
Following were some of the important provisions of these reforms:
•It introduced separate and discriminatory electorate. This was for the first
time that, electorate for returning to the representatives to the councils was
decided on the basis of class & community. For the provincial councils a
provision of three categories was made viz. general, special and chambers of
commerce. For the central council, one more category Muslims was added.
This was for the first time that, the seats in the legislative bodies were reserved
on the basis of religion for Muslims. This is called Communal representation.
•The Minto Morley reforms are known to envisage a separate electorate for
Muslims and this had a long lasting impact on India’s polity.
•This was for the first time that Muslim community was recognized as a
completely separate section of the Indian nation and this triggered “A Cancer”
in India called “Hindu-Muslim Disharmony” which later culminated in India
and Pakistan.
•Separate constituencies were marked for the Muslims and only Muslim
community members were given the right to elect their representatives.
•The number of members of the legislative councils at the center was increased
from 16-60.

Government of India Act 1935
Government of India Act 1935 was passed by British Parliament in August 1935.
With 321 sections and 10 schedules, this was the longest act passed by British
Parliament so far and was later split into two parts viz. Government of India Act
1935 and Government of Burma Act 1935.
The Government of India Act 1935 derived material from four key sources viz.
Report of the Simon Commission, discussions at the Third Round Table
Conference, the White Paper of 1933 and the reports of the Joint select committees.
This act ended the system of dyarchy introduced by GOI Act 1919 and provided for
establishment of a Federation of India to be made up of provinces of British India
and some or all of the Princely states. However, the federation never came into
being as the required number of princely states did not join it.
Salient Features
•Salient Features of the Government of India Act 1935 were as follows:
•Abolition of provincial dyarchy and introduction of dyarchy at centre.
•Abolition of Indian Council and introduction of an advisory body in its place.
•Provision for an All India Federation with British India territories and princely states.
•Elaborate safeguards and protective instruments for minorities.

•Supremacy of British Parliament.
•Increase in size of legislatures, extension of franchise, division of subjects
into three lists and retention of communal electorate.
•Separation of Burma from India

UNIT IV
Modern and Contemporary India

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of
India)
Nationalist and Civil Disobedience Movement: Only
Gandhian Movements
Gandhi and His Thought:
Mohandas Karamchand Gandhi was born on 2, Oct. 1869 at Porbandar in Gujarat.
After getting his legal education in Britain he landed at Durban in 1893 on a one-
year contract to sort out the legal problems of Dada Abdullah, a Gujarati.
In South Africa, Gandhi protested against the
discriminating treatments meted out to the Indians,
formed The National Indian Congress and suffered
imprisonment. Gandhi soon became the leader of the
struggle against these conditions and during 1893—
1914 was engaged in a heroic though unequal
struggle against the racist authorities of South
Africa. Gandhi in South Africa developed the
method of passive resistance or civil disobedience,
which he named Satyagraha.

India)
His principal mouth-piece was Indian Opinion (1903). He set up Tolstoy farm
which was the precursor of the later Gandhian ashrams that were to play
important role in the Indian National movement.
In 1914, he was awarded Kaisar-i-Hind gold medal for raising an Indian
ambulance in England during the Boer war and 1st World War. After his
arrival in India in January 1915, he founded the Sabarmati Ashram at
Ahmadabad (1916), where his friends and followers were to learn and practise
the idea of truth and non-violence. He also set out to experiment with his new
method of struggle in the Indian freedom struggle.
Gandhiji was greatly influenced by the works of Leo Tolstoy’s essay, ‘Civil
disobedience’ and Ruskin’s ‘Unto This Last’. Tolstoy’s ideal of non-
possession was developed by Gandhiji in his concept of Trusteeship. He was
also influenced by the life and teachings of Swami Vivekananda. His political
guru Gokhale and Dadabhai Naoroji also influenced him.

India)
Khilafat Movement and Hindu Muslim Unity
The period 1919-22 is understood as the heyday of Hindu-Muslim unity
against the colonial rule. This was the period when the leaderships of
Congress and the Khilafat movement often overlapped. This was in tune
with Gandhi’s idea that British can be fought only with united Hindus and
Muslims. Strikes, demonstrations, and Satyagrahas took place around the
country, while ‘Hindu-Musalman ki Jai was the famous slogan.
But the above was just ephemeral. After 1922 a series of differences
between the Khilafat and Non-Cooperation leaderships intersected with
growing popular conflict between Hindu and Muslim communities. Some
section of Muslims started to see the futility of Swaraj and fresh interest was
awakened in the Muslim League which had been stagnant since 1918.
The most ardent khilafatists started to believe that there was more to be
gained by supporting government in its honest efforts than by adhering to
the hitherto non-cooperation. Many Muslim leaders raised fears and doubts
about the capacity of India to win freedom through civil disobedience. As a
result of this, the old dissensions, based upon complaints like cow-slaughter
and music before mosque, were raised up and issues of disagreement such as
Suddhi Movement or tabligh and sangathan or tanzim were added.

The Hindu Muslim Unity was shattered, giving way to a period of
“communalism”. This was the sad demise of the Hindu-Muslim unity as
marking a turning point in the freedom struggle. The disintegrated state of
affairs then offered an opportunity to the British to re-establish their old
relations with the Muslims. They were able to successfully bring the
Muslims into their loyalists fold. The so called bond of fraternity turned out
to be an ad hoc coalition of interests. India was now on a path to partition.
Civil Disobedience Movement: Dandi March, Gandhi-Irwin Pact and Communal Award
Civil Disobedience Movement
Introduction: The Civil disobedience movement was an important part of Indian
freedom movement. It was led by Mahatma Gandhi against certain laws and commands
of the ruling British Government.
•Who started the Civil disobedience movement? In India, the Civil disobedience
movement was started by Mahatma Gandhi.
•Why Gandhi started Civil disobedience movement? In March 1930, Gandhiji wrote
in the newspaper, Young India, that he might suspend his civil disobedience or law-
breaking movement if the government accepted his eleven-point demands. But Lord
Irwin’s government did not respond. So, Gandhiji started the Civil Disobedience
Movement.

India)
•When was Civil disobedience movement started? It was started with Dandi March
(also Salt march, Salt satyagraha) by Mahatma Gandhi on 12th March, 1930. On 12
March, 1930 he along with his 78 followers began a march from the Sabarmati
Ashram to “Dandi” on the Gujarat coast. It was a distance of 200 miles. At Dandi a
few day s later they violated the salt laws by making salt from sea-water. Thus, began
the civil disobedience Movement.
•What was the importance of Dandi March (Salt Satyagraha)? The Dandi March
aroused great enthusiasm among the people. Everywhere the people began to break the
law by selling banned political pamphlets, by showing defiance of section 144 and by
with holding rents. Gandhiji called upon the women to begin spinning. In response to
his call women took to spinning they also started picketing at the door of Government
offices and foreign-goods shops. This participation of the women was a new thing in the
freedom struggle. The movement was very tense in Bengal and the north-west. Sarojini
Naidu came to the forefront during this movement. In the north-west the most famous
leader was Abdul Gaffar Khan, knick-named as “Frontier Gandhi”.

India)
Gandhi-Irwin Pact: The Government had called a round Table conference in 1930
in London. The congress did not join it. In order to make sure that the congress would
participate in the second conference, Lord Irwin made a pact with Gandhiji in 1931.
In this “Gandhi-Irwin Pact” the Government agreed to let off all political prisoners
and to cancel the oppressive laws. The Second Round Table Conference was a failure
from India’s point of view. Gandhiji’s demand for full self-government was rejected.
Communal Award: Then on 17 August 1932 came that infamous “Communal
Award” of Ramsay MacDonald, the British Prime Minister. By it Muslims, Sikhs and
the Hindu scheduled castes were to vote separately. Actually this step was taken to
destroy the national unity. Gandhiji strongly opposed it. He went on to fast till death
in the prison. Ultimately, caste Hindus and the scheduled caste Hindus were united by
the “Pact of Poona” in 1932 under the leadership of Dr. Ambedkar. Meanwhile it was
clear to both Gandhiji and the other leaders that the Civil Disobedience Movement
was losing its force. So in 19354 Gandhiji called off the movement.

India)
Conclusion: The Civil Disobedience Movement was not successful. But it prepared the people
of India for great sacrifice. It was a good training for the people. Unlike the Non-cooperation
Movement, the Civil Disobedience Movement increased the popularity of the Congress.

History ii

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