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Constitutional Reforms and Propaganda in Legislature

Legislative councils in India had no real official power till 1920. Yet, work done in them by the nationalists helped the growth of the national movement. The Imperial Legislative Council constituted by the Indian Councils Act (1861) was an impotent body designed to disguise official measures as having been passed by a representative body. Indian members were few in number—in the thirty years from 1862 to 1892 only forty-five Indians were nominated to it, most of them being wealthy, landed and with loyalist interests. Only a handful of political figures and independent intellectuals such as Syed Ahmed Khan, Kristodas Pal, V.N. Mandlik, K.L. Nulkar and Rashbehari Ghosh were among those nominated.

From 1885 to 1892, the nationalist demands for

constitutional reforms were centred around—

1. expansion of councils—i.e., greater participation of Indians in councils; and

2. reform of councils—i.e., more powers to councils, especially greater control over finances.

The early nationalists worked with the long-term objective of a democratic self-government. Their demands for constitutional reforms were meant to have been conceded in 1892 in the form of the Indian Councils Act.

These reforms were severely criticised at Congress sessions, where the nationalists made no secret of their dissatisfaction with them. Now, they demanded (i) a majority of elected Indians, and (ii) control over the budget, i.e., the power to vote upon and amend the budget. They gave the slogan—“No taxation without representation”. Gradually, the

Indian Councils Act 1892

Main Provisions

Number of additional members in Imperial Legislative Councils and the Provincial Legislative Councils was raised. In Imperial Legislative Council, now the governor-general could have ten to sixteen non-officials (instead of six to ten previously).

The non-official members of the Indian legislative council were to be nominated by the Bengal Chamber of Commerce and provincial legislative councils. The members could be recommended by universities, municipalities, zamindars and chambers of commerce. So the principle of representation was introduced.

Budget could be discussed.

Questions could be asked.

Limitations

The officials retained their majority in the council, thus making ineffective the non-official voice.

The ‘reformed’ Imperial Legislative Council met, during its tenure till 1909, on an average for only thirteen days in a year, and the number of unofficial Indian members present was only five out of twenty-four.

The budget could not be voted upon, nor could any amendments be made to it.

Supplementaries could not be asked, nor could answers to any question be discussed.

scope of constitutional demands was widened. Dadabhai Naoroji (1904), Gopal Krishna Gokhale (1905) and Lokmanya Tilak (1906) demanded self-government on the lines of the self-governing colonies of Canada and Australia. Also, leaders like Pherozshah Mehta and Gokhale put government policies and proposals to severe criticism.

The British had intended to use the councils to incorporate the more vocal among Indian leaders, so as to allow them to let off their “political steam”, while the impotent councils could afford to remain deaf to their criticism. But the nationalists were able to transform these councils into forums for ventilating popular grievances, for exposing the defects of an indifferent bureaucracy, for criticising government policies/proposals, raising basic economic issues, especially regarding public finance.

The nationalists were, thus, able to enhance their

political stature and build a national movement while undermining the political and moral influence of imperialist rule. This helped in generating anti-imperialist sentiments among the public. But, at the same time, the nationalists failed to widen the democratic base of the movement by not including the masses, especially women, and not demanding the right to vote for all.