After 1861 AD, there was a rapid development of political consciousness and nationalism among Indians, which resulted in the establishment of the Indian National Congress in 1885 AD. The moderate leaders of the Indian National Congress demanded constitutional reforms, as a result of which the British Parliament passed the Indian Councils Act of 1892. But this act was not only the first result of the movement carried out by the Indian National Congress. Apart from Congress, many other factors also played an important role in the passage of this Act.
The spread of western education, economic exploitation of Indians and the repressive policy of the British government were bringing political awakening among Indians and the Indian people wanted decentralization of governance. While the Indian Council Act of 1861 was unable to establish a responsible government, on the other hand the possibilities of rebellion increased due to the barbaric policies of Lytton. Perhaps this was also one of the reasons for the establishment of the Indian National Congress in 1885 by Hume.
Congress, from the very beginning, ‘ inadequate and disappointing ' Saying it had been demanding the expansion of the Legislative Councils. Since the majority of the members of the Legislative Councils were official, the Congress demanded that the majority of the members should be elected by the people. One of the demands of the Congress was that the members of the Legislative Council should be given the right to ask questions about all the departments and to debate the budget. In addition, the Congress was also demanding for the establishment of Legislative Councils in Agra, Awadh and Punjab.
Initially the government's position was sympathetic to the Congress, but this changed after 1888. Lord Dufferin had no sympathy for the demands of the Congress. He (Duffrin) described the Congress as a micro and minority organization and said that his (Congress) demand was 'a giant leap into the unknown ' is similar. Although Dufferin was a bitter critic of the Congress, he considered it necessary to take the cooperation of Indians in the administration of the country, so that the government laws could be popular among the people.
Duffrin appointed a committee in 1888 to suggest administrative reforms in India. This committee suggested to develop the Legislative Council as a small Parliament. Dufferin, on the basis of the report of the Committee, sent suggestions to the Home Government that such Indian gentlemen, who by their influence and their own expectations, can generate confidence in their countrymen and who have so much intelligence and ability that they can become the administrators of the country in their own right. To help by suggestions, opportunities should be given to participate more in the administration of public works. They should be given the right to ask questions to the Viceroy's Legislative Council, but for this the Viceroy should also be given the right to impose some obstacles as per the need. By expanding the Legislative Assemblies of the provinces, some elected members should be included in them and parliamentary government should be started, because India is an integral part of the British Empire and it is the responsibility of the government to establish justice among the opposing castes of India.'
Based on Lord Dufferin's suggestions, the Governor-General prepared a plan aimed at 'increasing the membership and prestige of the provincial councils , expanding their scope , Among them was to make arrangements for the departure of some elected members and to broaden their appearance as political institutions. But the Governor General made it clear that he had no intention of establishing parliamentary rule in India.
At the time when there was correspondence between the Government of India and the British Government regarding the reforms, the British Member of Parliament, Charles Bradlaw, asked the Parliament to amend the Act of 1861. Introduced a bill in Bradlaw returned in 1889 by attending the 5th session of the Congress in Bombay. He had included the demands of Congress in his bill, but this bill could not come to Parliament for consideration.
The British government introduced a bill in 1890 on the basis of Dufferin's recommendations, which was passed by the House of Lords, but due to being embroiled in the problem of Ireland Could not pass the House of Commons. As a result, in February, 1892 AD, a new bill was introduced in the House of Lords, which was passed by both the houses on May 26, 1892 AD, which became famous as the Indian Councils Act, 1892 AD. .
Indian Council Act of 1861
1892 Key Provisions of the Act of (Main Provisions of the Act of 1892)
Changes were made by this Act in three directions- increase in the number of members of the councils, increase in the powers of the councils and increase the parliamentary authority of the councilors. The following were the major sections of this act-
Increase in council members
This act increased the number of additional members in the Central and Provincial Legislative Councils and their election was also given special mention. Although it provided for limited elections, but the representation of the main social classes of India was ensured. In the provincial councils of Bombay and Madras, provision was made to appoint not less than eight additional members and not more than twenty, and in the North-West Frontier Province and Oudh, a maximum of fifteen additional members. The term of additional members was kept for two years and half of the members were required to be non-official. This act gave the right to the Governor General to make appropriate rules regarding the nomination of additional members with the help of his council, but the approval of the Secretary of India was necessary in this matter.
Enhancing rights of members of legislative councils
The rights of the members of the Legislative Council were increased by this act. Under this, the members were given the right to ask questions and move proposals to the executive on the annual financial statement. In this way, the right was given 'not to vote on each item of the budget, to pass it or not, but to make a full, independent and impartial criticism of the economic policy of the government.
Council Governor General and Council of Governors were empowered to make rules regarding debate and questioning on the Annual Statement of Finances.
The members of the council got the right to ask questions on matters of public interest. These questions could be asked subject to the conditions and restrictions laid down in the rules made by the Governor General or the provincial governors. Six days in advance for asking a question, it was necessary to give notice to the Speaker of the Legislative Council. The Speaker of the Legislative Council had the right to refuse to ask any question without assigning any reason.
Provincial Legislative Councils with the approval of the Governor General were given the power to repeal new and old laws as needed. Thus there was no reduction in the powers of the Governor General and his Council.
Arrangement of elected members in Legislative Councils
According to this Act, the Governor General and the Governor could nominate certain non-official members on the recommendation of representative bodies. Thus began the practice of indirect election. Of the 16 additional members of the Central Legislative Council, six were government officials, five nominated non-official members and five elected members. Four of these elected members were appointed by the Governor-General on the recommendation of the private members of the provincial councils and one by him on the recommendation of the Calcutta Chamber of Commerce. Thus the total number of private members in the Central Legislative Council was ten, while the official members were twelve or more. The majority of government officials were kept in the Legislative Council of the Governor General, so that the government would not face any kind of difficulty.
Provincial councils had a maximum of eight non-official members. These members were appointed on the recommendations of big cities, municipalities, district boards, big landlords and universities. It is true that the word 'Election' was not treated carefully, but the suggestions which were gradually accepted, that system was not different from the election in any sense.
Indian Administration-Reform Act of 1858:Constitutional Development under British Rule (Indian Administration-Reform Act of 1858:Constitutional Development under British Rule)
Act of Faults
Although the Act of 1892 AD was the result of a long wait and great agitation, it did not give anything substantive to the Indians. While this act opened the way for the parliamentary system and Indians got more place in the councils, on the other hand the electoral system and the increase in the number of non-official members created discontent. The electoral system was ambiguous and unfair. The functions of the Legislative Councils were limited. The members did not have the right to ask supplementary questions and the number of private members was very small. The major demerits of this act were as follows-
Although the government recognized the principle of election, the rules of this Act did not even contain the word 'election'. What was even more regrettable was that the members of the Council were not to be elected by the Indian people. The first resolution passed by the Indian National Congress in 1892 said, 'This Congress, having accepted the Indian Council Act, which has just been enacted, with a devotional spirit, mourns the fact that the people should and hope that the rules being framed under this Act will do enough justice to the people.'
The electoral method adopted by this Act was utterly vague and incomplete. Only a few members were to be elected in the legislative assemblies and that too by indirect election. Therefore, they were not the real representatives of the people but they represented only certain sections. The electoral system gave prominence to the legal profession in the councils, which had no justification. It completely failed to represent other sections of the society.
Only elected non-official members could raise their voice against the government in the legislature and they were only five. The government did not take any special care of those elected members as the government officials had a majority in the council. Thus the Indian Council Act of 1892 AD was the first such attempt, in which not only the election principle was accepted, but in which the Indian private vote was also represented, but its scale was subtle and indirect.
The number of non-official members in the councils was negligible. Those who were non-official members were also loyalists of the government. The Governor General and the Governor used to appoint their supporters to the council. In addition, the number of members was so small that they could not represent the millions of Indians.
The extent and powers of the Legislative Councils were extremely limited. The members of the Legislative Council did not have the right to ask supplementary questions or debate official answers. They also did not have the right to vote on budget proposals. He could ask any question to the executive only if he had given notice of the same to the President of the Council six days earlier. The Speaker of the Legislative Council had the right to refuse to ask any question without assigning any reason. Thus the legislature had 'negligible' control over the executive.
With respect to supplementary questions, Lord Lansdowne expressed his views in 1892 AD that the questions should be of such type, in which there is only a prayer to express consent. They should not use any kind of logic, imagination and defamatory language. No discussion was allowed in the given answer to a question. Because of these constraints, the very purpose of a useful system would have been defeated.
The Legislative Council had no control over the budget. Its members could not make any cuts in the budget, could only make suggestions. No provision was made by this act to impart political education to Indians. The jurisdiction of the councils was so limited and the number of additional members so few that it was difficult for them to be useful for political education.
Evaluation of the Act of 1892 (Evaluation of Act of 1892)
Although the Act of 1892 was much less than the demands of the Indians, it was sufficiently progressive for the situation at that time. इस अधिनियम द्वारा भारतीय सदस्यों की संख्या में वृद्धि की गई, भारतीयों को उच्च राजनीतिक पदों का उत्तरदायित्व सौंपा गया और उनसे नीति-संबंधी परामर्श लिया जाने लगा, जो संसदीय पद्धति में एक बड़ा कदम था। इस अधिनियम से गोपालकृष्ण गोखले, रासबिहारी घोष और सुरेंद्र्रनाथ बनर्जी जैसे योग्य तथा प्रभावशाली भारतीयों को गवर्नर जनरल और उसकी परिषदों के सदस्यों के साथ बैठने का अवसर मिला। यद्यपि वे परिषदों में सरकारी सदस्यों के बहुमत के कारण अपनी बात नहीं मनवा सके, तथापि उन्होंने देश के लिए बनाये जाने वाले कानूनों पर अपनी प्रतिभा, विद्वता, राजनीतिक बुद्धिमत्ता तथा संसदीय योग्यता की गहरी छाप पड़ी। वस्तुतः यह अधिनियम भारतीय स्वशासन की दिशा में न सही, परंतु उच्चतम् प्रशासनिक कार्य में भारतीयों के सहयोग की दिशा में एक बड़ा कदम था।
1892 ई. के अधिनियम में ‘ निर्वाचन ’ शब्द का प्रयोग नहीं किया गया था, किंतु चुनाव के सिद्धांत को स्वीकार करने तथा शासन-प्रबंध पर व्यवस्थापिका सभाओं के कुछ नियंत्रण प्रदान किये जाने के कारण इससे भावी प्रगति का मार्ग खुल गया। इस प्रकार उत्तरदायी शासन की स्थापना 1861 ई. से नहीं, बल्कि 1892 ई. से आरंभ हुई।
विधान परिषदों के वित्तीय अधिकारों में वृद्धि इस अधिनियम की बहुत बड़ी देन थी। पहली बार इस अधिनियम ने शासन में कुछ प्रतिनिधिक अंश का समावेश किया तथा भारतीय सदस्यों को भी सरकारी विधेयकों पर तथा बजट जैसे महत्त्वपूर्ण विषयों पर विचार प्रकट करने तथा सरकार के कृत्यों के बारे में प्रश्न पूछने के कुछ न कुछ अधिकार प्रदान किये। इससे पूर्व परिषद् के सदस्यों को सरकार की आर्थिक नीति की आलोचना करने या उस पर वाद-विवाद करने का अधिकार नहीं था।
ब्रिटिश सरकार कानून बनानेवाली परिषदों को अपनी कठपुतली बनाना चाहती थी, जबकि भारतीय उनको प्रारंभिक संसद (पार्लियामेंट) का रूप देना चाहते थे। 1892 ई. का अधिनियम दोनों के बीच का मार्ग था। इस अधिनियम के द्वारा केंद्रीय तथा प्रांतीय धारा सभाओं में अतिरिक्त सदस्यों की संख्या बढ़ा दी गई। यद्यपि इसमें ‘निर्वाचन’ शब्द का प्रयोग नहीं हुआ था, किंतु इसने सिफारिशों के आधार पर मनोनीत करने के रूप में निर्वाचन सिद्धांत को प्रविष्ट किया। कुल मिलाकर, इस अधिनियम द्वारा भारत में अप्रत्यक्ष रूप से संसदीय सरकार की नींव रखी गई।
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