
TheLegislatures of British India includedlegislative bodies in thepresidencies and provinces of British India, theImperial Legislative Council, theChamber of Princes and theCentral Legislative Assembly. The legislatures were created underActs of Parliament of the United Kingdom. Initially serving as small advisory councils, the legislatures evolved into partially elected bodies, but were never elected through suffrage. Provincial legislatures saw boycotts during the period ofdyarchy between 1919 and 1935. After reforms and elections in 1937, the largest parties in provincial legislatures formed governments headed by aprime minister. A few British Indian subjects were elected to theParliament of the United Kingdom, which had superior powers than colonial legislatures. British Indian legislatures did not includeBurma's legislative assembly after 1937, theState Council of Ceylon nor the legislative bodies ofprincely states.
Legislative councils were first formed in each province under theIndian Councils Act 1861. Members would include nominees of the Lieutenant Governor who had to receive consent from thegovernor general of India. Native Indian subjects were a minority in the early councils, which were dominated by Europeans andAnglo-Indians. The Lieutenant Governor could nominate a maximum of 12 members to these councils, which did not have fixed term limits. The councils were merely advisory bodies for the provincial governments.[1]
Under theIndian Councils Act 1892, the legislative councils expanded to 20 members. The councils were empowered to address questions to the executive and discuss budgets without voting. The Lieutenant Governor would nominate 7 members from the recommendations of universities, city corporations, municipalities, district boards and chambers of commerce.[1] The majority of councilors continued to be European and a minority were Indian.[1]
TheMorley–Minto reforms were the brainchild ofJohn Morley, theSecretary of State for India, andEarl Minto, theViceroy of India. The reforms were enacted under the Indian Councils Act 1909, which brought amendments to the Acts of 1861 and 1892. However, they did not go as far as the demands forhome rule put forward by theIndian National Congress. Colonial administrators were not keen to grant parliamentary powers to India, possibly for fear of subversion. Britain was also aunitary state and little power was given its regional or colonial units. Under the Act of 1909, the number of seats in legislative councils were expanded.[2] Councils were established at the central level and for gubernatorial provinces. Under the reforms, the majority of councilors would be elected and a minority would be nominated from the government. Property owners, including thezamindars, becamevoters.Muslims were given the status of a "separate electorate". The Act increased the powers of legislative council to discuss budgets, suggest amendments and vote on limited matters. Representatives from plantations, commercial chambers, universities and landholders were given seats in the assembly. Education, local government, public health, public works, agriculture and cooperative societies were made "transferred subjects" to be administered by the elected representatives. The "reserved subjects" were to be administered by the Executive Council. Reserved subjects included finance, police, land revenue, law, justice and labour.[3][4][1]
Adyarchy is a system of shared government. In British India, the British government decided to share responsibilities with legislative councils in major provinces.As a result ofMontagu–Chelmsford Reforms, the British government decided to gradually grant self-governing institutions to India. TheGovernment of India Act, 1919 established abicameral central legislature and granted revenue shares to provincial legislative councils. The British government elaborated that the system would continue for at least 10 years until a review. TheSwaraj Party andCongress Party, which enjoyed majorities in the councils, boycotted the dyarchy- arguing that the reforms once again did not go far enough.[1] The Congress increased its non-cooperation movement. However, constitutionalists in parties like theAll India Muslim League continued to advocate their constituents' interests within the councils.
TheRowlatt Act,Amritsar massacre andKhilafat movement worsened the political situation.[1] In 1928, theNehru Report called for a federal democracy. In 1929, theFourteen Points of Jinnah demanded electoral, administrative and political reform. TheSimon Commission was formed to explore constitutional reform.[1]
In 1932, the "Communal Award" was announced byBritish Prime MinisterRamsay MacDonald grantingseparate electorates toMuslims,Sikhs,Indian Christians,Anglo-Indians,Europeans and Depressed Classes (now known as theDalits) instead of equal universal franchise. The principle of weightage was also applied.[5]
The award was highly controversial and criticized as adivide and rule policy.[6] The British government opined that it wanted to avoid civil war.
TheGovernment of India Act 1935 ended dyarchy in the provinces and increased autonomy. Six provinces were given bicameral legislatures.[1] Elections based onseparate electorates were held in 1937 and 1946, leading to the formation of provincial ministries (governments) led by a Prime Minister.
Most of the provincial governments were unstable amid the outbreak ofWorld War II, theBengal famine of 1943 and theQuit India movement.
| British Imperial Territory | Legislative Council | Modern location |
|---|---|---|
| Assam | Assam Legislative Council | Bangladesh,India |
| Bengal | Bengal Legislative Council | Bangladesh,India |
| Bihar and Orissa | Bihar and Orissa Legislative Council | India |
| Bombay | Bombay Legislative Council | India |
| Burma | Burma Legislative Council | Myanmar |
| Central Provinces | Central Provinces Legislative Council | India |
| Coorg | Coorg Legislative Council | India |
| Eastern Bengal and Assam | Eastern Bengal and Assam Legislative Council | Bangladesh,India |
| Madras | Madras Legislative Council | India |
| North-West Frontier | North-West Frontier Legislative Council[7] | Pakistan |
| Punjab | Punjab Legislative Council | Pakistan,India |
| United Provinces | United Provinces Legislative Council | India |
| British Indian Empire | Imperial Legislative Council | Bangladesh,India,Pakistan,Myanmar |
| Office | Name |
|---|---|
| Prime Minister of Assam | |
| Prime Minister of Bengal | |
| Prime Minister of Bihar | |
| Prime Minister of Bombay | |
| Prime Minister of the Central Provinces | |
| Prime Minister of Madras | |
| Prime Minister of North-West Frontier | |
| Prime Minister of Orissa | |
| Prime Minister of Punjab | |
| Prime Minister of Sind | |
| Prime Minister of the United Provinces |
A number ofBritish Indians andAnglo-Indians were elected to the British parliament, particularly from theParsi andJewish communities. They includedDadabhai Naoroji,Mancherjee Bhownagree,Shapurji Saklatvala,Philip Sassoon andErnest Soares.
TheChamber of Princes was established by a proclamation of KingGeorge V in 1920. It was a forum for the rulers of princely states to air their views and engage with the colonial government. It was housed in theParliament House and its meetings were presided over by the Viceroy of India.
Prior to thePartition of India, the imperial legislature was succeeded by theConstituent Assembly of India, from which theInterim Government of India headed by the Viceroy of India chose ministers in 1946. In the Dominion of Pakistan, theConstituent Assembly of Pakistan succeeded the Indian assembly in 1947. In the provinces of both India and Pakistan, pre-partition assemblies continued to function. The assemblies ofBengal andPunjab were divided between the newly formed sub-national units ofEast Bengal,West Bengal,East Punjab andWest Punjab. TheParliament of India was established in 1952. TheParliament of Pakistan was established in 1956. In 1971, secessionist Bengali legislators in East Pakistan formed theConstituent Assembly of Bangladesh; and theParliament of Bangladesh was established in 1972.
The legislatures of colonial British India were precursors to modernparliamentary democracy in the Indian subcontinent. The notion ofparliamentary sovereignty took root in the subcontinent after independence, but has faced many challenges.President's rule is often imposed in Indian states to dismiss legislatures. India underwent a period ofemergency rule between 1975 and 1977. Pakistan has seenmartial law and military rule between 1958 and 1962, 1969–1973, 1977-1985 and 1999–2002. Bangladesh underwent presidential rule, martial law and semi-presidential government between 1975 and 1990; while emergency rule was imposed between 2007 and 2008.
Today, the federal Republic ofIndia and its28 states and8 Union Territories; the federal republic ofPakistan and itsfour provinces and two autonomous territories; and the unitary republic ofBangladesh; all have parliamentary governments, largely derived from theWestminster system.