LEGISLATURE MEASURES
Indian Parliament did not emerge overnight; it evolved gradually
during the British rule, particularly since 1858 when the British
Crown assumed sovereignty over India from the East India
Company. By the Government of India Act of 1858 the powers of
the Crown were to be exercised by the Secretary of State for
India assisted by a Council of India.
The Secretary of State, who was responsible to the British
Parliament, governed India through the Governor General,
assisted by an Executive Council consisting of high government
officials. There was no separation of powers; all the powers--
legislative, executive, military and civil-- were vested in this
Governor-General in Council.
The Indian Council Act of 1861 introduced little bit of popular
element as it included some additional non-official members in
the Executive Council and allowed them to participate in the
transaction of legislative business.
The Legislative Council was neither deliberative nor
representative. Its members were nominated and their role was
limited only to the consideration of legislative proposals placed
by the Governor-General. Indian Councils Act of 1892 made two
important improvements.
First, non-official members of the Indian Legislative Council were
henceforth to be nominated by the Bengal Chamber of
Commerce and the Provincial Legislative Councils, while the
non-official members of the Provincial Councils were to be
nominated by certain local bodies such as universities, district
boards, municipalities. Secondly, the Councils were empowered
to discuss the budget and address questions to the Executive.
Indian Councils Act of 1909, based on Morley-Minto Reforms, for
the first time, introduced both representative as well as popular
features. At the Centre, election was introduced in the Legislative
Council though the officials still retained the majority.
But in the Provinces, the size of the Provincial Legislative
Council was increased by including elected non-official members
so that the officials no longer constituted the majority. This Act
enhanced the deliberative functions of the Legislative Councils
and provided them opportunity to move resolutions on the
Budget and any other matter of public interest bearing certain
specified subjects, such as the Armed Forces, Foreign Affairs
and the India States.
The Government of India Act of 1915 consolidated all the
previous Acts so that the executive, legislative and judicial
functions could be derived from a single Act. The next phase of
legislative reforms emerged out of the Government of India Act
of 1919 brought further legislative reforms in the form of
responsible government in the provinces. At the Centre, the
legislature was made bicameral and elected majority was
introduced in both the Houses.
However, no element of responsible government was introduced
at the Centre. The Governor General in Council continued to be
responsible as before to the British Parliament through the
Secretary of State. The Government of India Act of 1935 came
into being after several parleys between the Indian national
leaders and Britain. It contemplated a federation consisting of
British Indian Provinces and native states.
It introduced bicameral legislatures in six Provinces. It
demarcated legislative power of the Centre and the Provinces
through three lists: the Central List, the Provincial List and the
Concurrent List. However, the Central Executive was not made
responsible to the legislature. The Governor General as well as
the Crown could veto bills passed by the Central Legislature.
The Governor-General besides the Ordinance-making powers
had independent powers of legislation or permanent Acts.
Similar limitations existed in case of Provincial Legislatures
existed as well. The international political scene and the
conditions in India and Britain led the British government to an
unequivocal acceptance of India’s claim to freedom.
The Indian Independence Act of 1947 was passed setting up two
independent dominions, India and Pakistan. The legislature of
each dominion was to have full legislative sovereignty. The
powers of the legislature of the dominion were exercisable
without any limitations whatsoever by the Constituent Assembly
formed in 1946. This Constituent Assembly adopted the
Constitution of India, which received the signature of the
President on 26th November 1950.
Miss. Aishwarya Balasaheb Kate, Assistant Professor of
History, Shahaji law college, Kolhapur
