During the rule of the East India Company, administration and legislation were entirely closed to Indians. The British ruling elite operated on the assumption that Indian subjects were unfit for higher administrative and legislative duties.
Administrative Barriers
- The Cornwallis Code (1793): Lord Cornwallis systematically Europeanized the services, declaring that “every native of Hindustan is corrupt.” He reserved all covenanted posts (higher civil services) exclusively for Europeans. Indians were restricted to lower, uncovenanted subordinate positions such as Daroghas, Amines, and Deputy Collectors.
- Statutory Exclusion: The Charter Act of 1793 legally institutionalized this exclusion by mandating that all civil posts carrying a salary of £500 or more per annum be reserved exclusively for covenanted servants of the Company.
The Unfulfilled Promise of 1833
- Section 87 of the Charter Act 1833: This clause stated that no native of India, nor any natural-born subject of His Majesty, should be disabled from holding any place, office, or employment under the Company by reason only of his religion, place of birth, descent, or color.
- The Outcome: This remained a dead letter on paper. The Court of Directors strongly opposed its implementation, and the patronage system continued to shield British exclusivity.
The Policy of Association and Nominative Entry (1861–1892)
The Rebellion of 1857 convinced British policymakers that ruling India without a mechanism to understand Indian public opinion was politically dangerous. This birthed the “Policy of Association,” seeking to include cooperative Indian elites into the legislative framework without transferring actual power.
Legislative Entry via Nomination
- Indian Councils Act 1861: This act empowered the Viceroy to nominate 6 to 12 “additional members” to the Central Legislative Council for law-making purposes, with at least half required to be non-officials.
- The First Entrants (1862): Lord Canning nominated the first three Indians to the Imperial Legislative Council:
- Raja Sir Deo Narayan Singh of Benaras
- Maharaja Narendra Singh of Patiala
- Sir Dinkar Rao (Dewan of Gwalior)
- The Nature of Representation: These early Indian members belonged strictly to the aristocratic landed gentry or ruling families. They did not represent the general masses, spoke little English, and functioned as mere rubber stamps for the executive.
The Statuted Civil Service Attempt (1878)
- Introduction: Statutory Civil Services were introduced by Lord Lytton to bypass the difficult competitive exam in London. It allowed provincial governments to nominate high-born Indians to one-sixth of covenanted posts, subject to approval by the Secretary of State.
- Failure: The scheme was highly unpopular with the educated Indian middle class as it favored aristocratic birth over merit, and it was eventually abolished on the recommendation of the Aitchison Commission (1886).
The Transition to Indirect Elections and Deliberation (1892–1909)
The founding of the Indian National Congress (INC) in 1885 changed the landscape. The INC demanded real political representation, leading to constitutional concessions that introduced the educated Indian middle class into the councils.
Indian Councils Act 1892
- Indirect Election System: The act increased the number of non-official Indian members. Although the word “election” was not used in the text, it allowed bodies like district boards, municipalities, university senates, and chambers of commerce to recommend names for nomination.
- Nationalist Entry: This window enabled prominent nationalist leaders to enter the Central Legislative Council. Leaders like Gopal Krishna Gokhale, Asutosh Mukherjee, and Rash Behari Ghosh used the council floor to critique British economic and administrative policies.
- Financial Deliberation: For the first time, Indian members gained the right to discuss the annual financial budget, though they were denied the power to vote or ask supplementary questions.
Entry into Executive Councils and Separate Electorates (1909–1919)
Until 1909, Indian representation was strictly limited to the legislative branch; the inner executive chambers remained entirely British. The Morley-Minto Reforms broke this barrier while simultaneously fragmenting representation along communal lines.
Entry into the Executive
- Viceroy’s Executive Council: The Indian Councils Act 1909 provided for the appointment of an Indian to the Viceroy’s Executive Council. Satyendra Prasad Sinha (later Lord Sinha) became the first Indian to join, appointed as the Law Member.
- Provincial Executive Councils: Indians were also introduced into the Executive Councils of the Governors of Madras and Bombay.
- Council of India (London): Earlier in 1907, two Indians—K.G. Gupta and Syed Hussain Bilgrami—had been appointed to the Secretary of State’s Advisory Council in London.
The Introduction of Communal Electorates
- The Mechanism: The 1909 Act introduced separate electorates for Muslims. Under this system, Muslim seats in the legislative council were reserved, and only Muslim voters could vote for those candidates.
- Impact: While it increased the absolute number of Indians in the councils (raising the additional member count to 60), it fractured the nationalist movement by institutionalizing religious identity as the basis of political representation.
Shared Governance and the Indianization of Services (1919–1935)
The Government of India Act 1919 (Montagu-Chelmsford Reforms) marked a shift from mere association to the partial transfer of administrative responsibility.
Executive and Legislative Expansion
- The Provincial Level (Diarchy): Under the system of Diarchy, provincial administrative subjects were split. Indian ministers were given charge of Transferred Subjects (e.g., Education, Health, Local Self-Government). These ministers were elected members responsible directly to the provincial legislature, marking the first taste of executive ministerial power for Indians.
- The Central Level: The act mandated that out of the 8 members of the Viceroy’s Executive Council, 3 must be Indians. These Indian members were typically given portfolios like Labor, Health, and Education.
- Bicameral Representation: The Central Legislature became bicameral, and direct elections were introduced based on property, tax, and education. This significantly expanded the number of elected Indian lawmakers in both the Council of State and the Central Legislative Assembly.
Civil Service Reforms
- Simultaneous Examinations: Following years of nationalist agitation, the act accepted the principle of holding simultaneous Civil Service examinations in London and India. The first simultaneous exam was held in Allahabad in 1922.
- The Lee Commission (1924): This commission recommended that 40% of future direct recruits to the Indian Civil Service (ICS) should be Europeans, 40% directly recruited Indians, and 20% promoted from the Provincial Civil Services, acceleration the Indianization of the bureaucracy.
Provincial Autonomy and Expanded Franchises (1935–1947)
The Government of India Act 1935 marked the final phase of Indian representation prior to independence, transferring complete provincial administration into Indian hands.
Key Structural Advances
- Abolition of Diarchy in Provinces: The distinction between reserved and transferred subjects at the provincial level was removed. The entire provincial executive was placed under the control of Indian ministers responsible to fully elected provincial legislatures.
- The 1937 Elections: Under this framework, provincial elections were held in 1937. The Indian National Congress formed ministries in 8 out of 11 provinces, demonstrating capable Indian self-governance.
- Franchise Expansion: The voting franchise was extended to about 10% of the total population. However, representation remained fragmented as separate electorates were extended to Depressed Classes (Scheduled Castes), women, and labor.
Milestones in Indian Representative Representation
| Constitutional Act | Legislative Representation Level | Executive Representation Level | Nature of the Electorate / Entry |
| Indian Councils Act, 1861 | 3 Nominated Non-officials (Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao). | Zero Indian presence. | Strict nomination by the Viceroy; confined to elite landed aristocrats. |
| Indian Councils Act, 1892 | Increased non-official members; Entry of nationalists like G.K. Gokhale. | Zero Indian presence. | Indirect election via recommendations from local bodies and universities. |
| Indian Councils Act, 1909 | Size of Central Council expanded to 60 additional members. | S.P. Sinha joined Viceroy’s Executive Council as Law Member. | Introduction of separate communal electorates for Muslims. |
| Government of India Act, 1919 | Bicameral legislature at the Center; Majority of members directly elected. | 3 out of 8 members of the Viceroy’s Executive Council made Indians; Indian provincial ministers under Diarchy. | Direct election with restricted franchise; Extension of separate electorates to Sikhs and Christians. |
| Government of India Act, 1935 | Fully elected provincial assemblies; Bicameralism extended to 6 provinces. | Full executive control of provinces handed to Indian Ministries via Provincial Autonomy. | Franchise extended to 10% of the population; Electorates extended to women and depressed classes. |
