The Scheme Of Dyarchy – British Indian System
To give effect to the principle of provincial autonomy, a system called Dyarchy was introduced. Under this system, the provincial subjects were divided into two parts – reserved subjects and transferred subjects. The former was to be administered by the Governor and the Executive Council, who was nominated by him and we’re not responsible to the Legislature while the latter was administered by the Governor acting with the ministers appointed by him from among the members of the provincial Legislature.
The right of the Governor and his council to intervene in transferred subjects were restricted but all the important subjects like police, land revenue, finance, Public Services etc. were all with the Governor. There was no collective responsibility but individual responsibility to the Governor. Dyarchy was introduced in provinces in April 1921 and continued to operate till April 1937, though it ceased to function in Bengal from 1924 to 1927 and in Central Provinces from 1924 to 1926. Elections were held in 1921 in various provinces with the restricted franchise, but boycotted by Congress.
The Justice Party, The Liberal party among others contested the elections and formed governments in various provinces. But the scheme of dyarchy was complicated and was full of defects. The division of administration into two halves was opposed to political theory and was done arbitrarily. There was no unity of purpose between them. They often overlapped and confusion prevailed in the administration. The ministers were severely hampered by the extraordinary powers of the Governor and his Council who cared little for the departments headed by the ministers. A minister also did not have control over his secretary and other ICS officers as all their service matters were with the Governor.
IMPORTANCE OF DYARCHY TO INDIA
It marked an important stage in the transition to the introduction of a full responsible Government in India. It enabled the greater representation of Indians in administration by reserving posts for them and by holding simultaneous examinations in India. It enabled the Indians for the first time to pass some very important legislation with regard to the expansion of local bodies, education and social reform.
More importantly, it knocked the bottom out of the myth seditiously built up by the British that Indians were not fit to stand on their own legs. The Indian leaders, for the first time, got some administrative experience in a constitutional setup which was both exciting and stimulating.
Government of India Act, 1935
This Act was the culmination of the initiatives taken by the British to make constitutional advances to India, especially the Simon Commission and the Round Table Conferences. After the Third Round Table Conference in London, a White Paper was issued in March 1933, which gave details of the working basis of the new constitution of India. In February 1935, a bill was introduced in the House of Commons by the Secretary of State for India which when passed became the Government of India Act, 1935.
The Act provided for the establishment of an All India Federation and responsible government for the provinces on the basis of provincial autonomy. The federation was to be based on a union of the provinces of British India and the princely States. There was to be a bicameral federal legislature in which the princely States were given proportionate representation.
Moreover, the representatives of these States were not to be elected, but appointed by the rulers. Only 14 per cent of the population in British India was given the right to vote. This legislature was also not given any significant power as defence and foreign affairs remained outside its control, while the Governor-General retained special control over the other subjects. The Governor-General and the Governors were to be appointed by the British Government and were to be responsible to it. The federal part of the Act never came into operation as the princely states refused to join the Union since it was voluntary. But the real reason was that they feared a huge congress victory in the elections which could endanger their interests. But more power was given to provincial governments.
The administration of provincial affairs was to be ordinarily carried on by a Council of Ministers appointed by the Governor from among the elected members of the provincial legislature and responsible to that body. The ministers held office during the Governor’s pleasure. The Governor did not only act merely on the advice of the Council of Ministers but had “special responsibilities” regarding certain specified subjects, in the discharge of which, he was authorized to act without consulting his ministers. Thus, the Governor under the Act had enormous powers (as much as 40% of the budget was nonvotable).
The Governor could also dismiss the ministers and could also by a proclamation, take the entire or partial government of the province into his own hands, if he was satisfied that the government of the province could not be carried on in accordance with the provisions of the Act. But the provincial ministers under the 1935 Act were certainly superior in power to the ministers under the 1919 Act. Firstly, there were no “Reserved” departments in the provinces. Secondly, the other ministers were to be appointed on the advice of the Chief Minister. Thirdly, the Governor had to encourage collective responsibility among the ministers. Fourthly, the ministers were elected to the Assemblies by a much wider franchise.
The separate electorates system of representation was a prominent feature of the Act of 1935. Under it, seats in the legislature were divided among various communities and groups. There were separate constituencies for General, Muslims, Europeans, Anglo-Indians etc., besides other communities and separate constituencies for Labour, Landholders, Commerce and Industry etc. This measure of the British Government accentuated the communal dissensions in the country, which ultimately paved the way for the partition of India in 1947.
Other Provisions of the Act of 1935 included the provision for a Federal Court, though the last word remained with the Privy Council in London; wherever the Governor-General or the governors acted in their discretion, they were made responsible to the Secretary of State; the India Council of the Secretary of State was abolished by the Act and was replaced by advisers whose advice need not be followed, except in respect to the Services. This was in response to the agitation by the Congress in this direction as the Council mostly followed anti-Indian policies.
The Government of India Bill received the Royal assent in August 1935. Provincial autonomy was introduced on April 1, 1937, and the electoral provisions began to operate on July 3, 1936. The operative part of the Act of 1935 remained in force till August 15, 1947, when it was amended by the Independence of India Act, 1947. The 1935 Act was perhaps the most important constitutional advance made to India. The extent of responsibility passed on to the Indians was the highest and the Indian ministers who included eminent leaders like Nehru, Rajagopalachari etc. gained immense administrative experience. Many of its provisions were included in our own constitution. It paved the way for the ultimate establishment of parliamentary democracy in India.