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Sunday, December 29, 2013

The Indian Councils Act, 1909

The Act of 1909 as supplemented by the regulations framed under it made provisions to further enlarge the councils and make them more representative and effective by expanding their functions. The number of members were doubled or more than doubled. The maximum number of additional members of the Indian Legislative Council (Governor-General's Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councillors who were ex-officio members).

The Act recognised the principle of indirect election. It was, however, decided that in the circumstances of India, territorial representation was not suited to the people and that representation by classes and interests was the only practicable methods of embodying the elective principle in constituting the Indian Legislative Councils. Nomination was, however, retained (a) for the appointment of official members, and (b) for the appointment of non-official members to supplement the elected members so as to provide representation that seemed impractical to provide by election. The elected members were to be returned by constituencies, such as municipalities, district and local boards, universities, chambers of commerce and trade associations, and groups of persons such land holders or tea planters. The regulations created non-official majorities in all the Provincial Legislative Councils, but maintained an official majority in the Central Legislative Council. The regulations also provided for separate electorates and separate representation for the Muslim community. For the first time, thus, the pernicious principle of communal representation was introduced.

The reforms introduced by the Act afforded no answer and could afford no answer, to the demand for responsible government, since the Councils set up thereupon lacked responsibility which was the savour of popular government.
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