24. Post War National Scenario

Two Strands of National Upsurge

• Negotiations between government, Congress, Muslim League → freedom and partition
• Militant mass actions by workers, peasants, states' peoples (INA-inspired strikes, RIN revolt, regional movements)

Change in Government's Attitude

• 1945:
  • June: Ban on Congress lifted, released leaders found energised population
  • July: Labour Party formed UK government under Attlee
  • September: Constituent assembly announced per Cripps Offer
• Factors forcing change
  • UK power decline
  • USA/USSR rise
  • Labour govt's sympathy
  • European socialist wave
  • British economic crisis (£ 1.2B debt)
  • Southeast Asian anti-imperialism
  • ↑ Fear of revolts due to presence of INA men
  • Inevitable elections (since last elections in 1934 (Centre), 1937 (Provinces))

Congress Election Campaign and INA Trials

• Winter 1945 - 1946: Elections became platform for anti-British mobilization
• November 1945: Red Fort trials of INA officers → massive public backlash
• British error: trying Hindu-Muslim-Sikh defendants together, detaining 7,000 others
• Using Indian troops in Southeast Asia to restore French and Dutch colonial rule → heightened anti-colonial sentiment

Congress Support for INA Prisoners

• September 1945: Congress officially backed INA at Bombay session
• Elite leaders organized defense (Kailash Nath Katju → grandfather of Markandey Katju, Asaf Ali → First Indian Ambassador to US)
• INA Relief and Enquiry Committee provided practical support

The INA Agitation—A Landmark

• November 1945: INA week/day celebrations catalysed nationwide movement
• Movement crossed regional, class, religious boundaries → unprecedented unity
• Even government loyalists and military personnel showed sympathy
• Issue transformed from legal case to symbolic struggle over India's sovereignty
• Conflict reframed as "Indian versus British" → accelerated independence timeline

Three Upsurges - Winter of 1945-46

• 21 Nov 1945: Calcutta INA trials protests
• 1946:
  • 11 Feb: Calcutta protests against 7 year sentence to INA officer Rashid Ali
  • 18 Feb: Royal Indian Navy ratings strike in Bombay Ratings → Non officer ranks in the navy

RIN Mutiny → Event marking the end of British Rule

Three-Stage Pattern

• Stage I: Initial Defiance
  • First protest: Forward Bloc / SFI /Islamia college students marched with red flags, faced police firing
  • Second protest: Muslim League led with Communist students, defied Section 144
  • Naval Ratings Strike: 1,100 HMIS Talwar ratings protested discrimination, food quality, INA trials
  • Ratings hoisted multiple flags, spread across Bombay fleet
• Stage II: Public Participation
  • Anti-British mood paralysed Calcutta and Bombay
  • Attacks on European targets, infrastructure disrupted
• Stage III: Wider Solidarity
  • Student boycotts, hartals, military establishment strikes
  • Spread to Delhi, Cochin, Jamnagar, Andamans, Bahrain, Aden

Impact Assessment

• Significance
  • Showed military potential, psychological liberation
  • Concessions by British
    • Limited INA trials (only accused of murder / brutal treatment of prisoners)
    • Sentence reductions
    • Troop withdrawals from Indo China / Indonesia
    • Cabinet Mission initiated
• Limitations
  • Brief, urban-centered, limited participation
  • Communal cooperation temporary
  • British repression capabilities remained intact → Maratha Battalion rounded up ratings / restored order

Congress Strategy

• Congress withheld official support fearing loss of control
• Gandhi viewed mutiny as poorly timed

Election Results

• Congress: 91% non-Muslim votes, 57/102 Central Assembly seats, majority in most provinces except Bengal, Sindh, Punjab
• Muslim League: 86.6% Muslim votes, 30 Central Assembly seats, majority in Bengal and Sindh, established as dominant Muslim party
• Elections showed communal voting, extremely limited franchise (<10% provincial, <1% Central Assembly)

The Cabinet Mission

• February 1946: Attlee sent three-member mission for power transfer negotiations
  • Pethick Lawrence (chairman + Secretary of State)
  • Stafford Cripps
  • A.V. Alexander

Why British Withdrawal Seemed Imminent Now

• Nationalist forces successful, penetrated new areas post-war
• Nationalism spread in bureaucracy due to Indianisation policy, British-Indian ICS parity by 1939
• British conciliation-repression strategy failed
• Cripps' Offer insufficient: Only full freedom remained an offering
• Government exposed: Repressed even non violent resistance
• Congress constitutionalism boosted patriotic sentiment
• INA prisoner leniency demands from military raised reliability concerns
• Officials lacked numbers for mass movement repression
• British now aimed for settlement to ensure good Indo British post imperial relations

On the Eve of Cabinet Mission Plan

• Congress wanted central power transfer with minority accommodations
• British preferred united India as Commonwealth defense partner
• 1946
  • British policy shifted to united India preference
  • Attlee rejected minority veto over majority

Cabinet Mission (1946)

• Initiative of: UK PM Clement Attlee
• Members
  • Lord Pethick-Lawrence: Secretary of State for India
  • Sir Stafford Cripps: Present of Board of Trade
  • AV Alexander: First Lord of Admiralty
• 1946
  • March: Arrived in Delhi
    • Discussion of
      • Interim government
      • Principles and procedures for framing a new constitution giving freedom to India
  • May
    • Present plan after Congress-League deadlock on unity/partition

Cabinet Mission Plan Provisions

Plan Rejected Pakistan

• High non-Muslim populations in proposed regions (38-48%)
• Would fragment Hindu/Sikh areas in Bengal and Punjab
• Would disrupt regional ties, create economic/administrative problems
• Would dangerously divide armed forces

Three-Section Structure

• Grouping of provinces

  • Existing provinces would be divided into three groups A, B, C
  • A: Hindu majority (Madras, Bombay)
  • B: Muslim majority (Punjab, Bengal)
  • C: Mixed

• 3 tier structure

  • Apex: Union of India. Limited central powers (defence, communication, external affairs)
  • Groups: A,B,C. Empowered to frame their own constitution + manage local matters
  • Provinces: Retained local governance / Residuary powers

• Composition of constituent assembly: 389-member Constituent Assembly. Elected by provinces through proportional representation

• Constitution

  • A,B,C sit separately $\stackrel{\text{decide constitution}}{\to }$ for groups and provinces if possible
  • A,B,C sit together $\stackrel{\text{decide constitution}}{\to }$ for union

• Provinces with full autonomy, option to reconsider grouping after 10 years

• Princely states: No longer under British paramountcy, free to enter into arrangement with new govt / British govt

Interpretation Disputes

• Congress: Grouping optional, Single constituent assembly ⇒ Against creation of Pakistan
• Muslim League: Grouping compulsory ⇒ Pakistan

Why Cabinet Mission Plan Failed

• Congress
  • Mandatory grouping
    • Provinces should have the freedom to choose whether to join any group
    • Compulsory grouping → would artificially divide India along communal lines
  • Princely states: Nomination of representatives from princely states instead of election was not acceptable
  • Weak central authority: Limited powers of the center did not provide enough central authority to ensure a unified nation
• Muslim League
  • Absence of sovereign Pakistan
    • Cabinet Mission Plan → did not grant outright independence to Muslim majority regions
  • Distrust of Congress
    • Feared Congress would dismantle carefully crafted group structure as soon as British withdrew
    • Read Congress's objections to grouping and demands for strong center as strategies to subjugate Muslim communities

Acceptance and Rejection

• 1946
  • 6 June: Muslim League accepted plan
  • 24 June: Congress accepted plan
  • July: Provincial assembly elections for Constituent Assembly
  • 10 July: Nehru declared Constituent Assembly sovereign, suggested NWFP and Assam could reject grouping
  • 29 July: League withdrew acceptance citing Nehru statement, called for "direct action" from August 16

Communal Holocaust and the Interim Government

• 1946: August 16 riots caused thousands of deaths across Calcutta, Bombay, Noakhali, Bihar, Garhmukteshwar (UP)

Changed Government Priorities

• Wavell sought Congress inclusion in government despite League opposition
• British rule demanded one stance (encouraging communalism, denying legitimacy of nationalism), but withdrawal and post-imperial links required contrary posture

Interim Government

• 1946
  • 2 September: Congress-led government under Nehru formed
  • 26 October: League joined without giving up "direct action" despite rejecting Cabinet Mission's plans and compulsory grouping
  • 14 Ministers served from September 1946-August 1947, including Nehru, Patel, Liaquat Ali Khan
  • Key ministers: Nehru (Vice President of Exec Council, External Affairs), Patel (Home), Liaquat Ali Khan (Finance),

League's Obstructionist Approach

• 1946
  • Boycotted Constituent Assembly, forcing limited "Objectives Resolution" passage
  • Refused cabinet cooperation, questioned Congress decisions, restricted ministerial functions
  • Used government position solely to advance Pakistan agenda
• 1947
  • February crisis erupted when Congress demanded League resignations
  • Crisis peaked with League demanding Constituent Assembly dissolution

Birth and Spread of Communalism in India

• Emerged late 19th century alongside nationalism, threatening Indian unity

Characteristic Features

• Ideology prioritizing religious identity over society
• Three stages
  • Communal Nationalism
    • Community-based identity (religious, linguistic, ethnic) seeking unity, pride, or special rights
    • Eg - Religious groups during India's freedom struggle wanting own nation
  • Liberal Communalism
    • Communities seeking group rights while respecting other communities' freedoms
    • Example: Religious community requesting job/education reservations while accepting equal rights for others
  • Extreme Communalism
    • Religious groups have opposing interests
    • Groups cannot live together peacefully
    • One group's gain is another's loss

Nothing unique about Indian communalism

• Parallels global phenomena: fascism, anti-Semitism, sectarian conflicts
• Colonial-era construct from modern mass politics
• Middle classes projected imaginary interests for economic gain
• Colonial administration deliberately supported communalists
• Socio-economic distinctions reinforced religious boundaries
• Economic competition transformed into religious antagonism

Reasons for Growth of Communalism

Socio Economic Reasons

• Regional bonds were stronger than religious bonds (Bengali Muslim had more in common with Bengali Hindu than Punjabi Muslim)
• Both religions were equal victims of oppression
• Hindus: Adapted quickly to modern education and started getting into business and trade → new educated middle class developed
• Muslims: Slow to adapt to modern education, fell behind in business and trade
• British deliberately kept India industrially underdeveloped → very few jobs
• British used this to fuel communal resentment by
  • Offering special quotas
  • Promising govt positons
  • Creating competition for limited number of jobs

British Policy of Divide and Rule

• British attitude towards muslims
  • Before 1870s: Looked with suspicion post Wahabi and 1857 revolts
  • After 1870s: Strategic alliance; granted concessions, favours, reservations; used against nationalist forces, used Syed Ahmed Khan

Communalism in History writing

• Imperialist + Indian historians: Divided the Indian history into 2 phases
  • Ancient Hindu phase
  • Medieval Muslim phase (Turks, Afghans, Mughals)
• Historians ignored political and economic interests, focused on religious considerations

Socio-religious Reform Side-effects

• Wahabi (Muslim), Shuddhi (Hindu) movements had militant overtones
• Religion became vulnerable to communalism
• Reforms sometimes insulated communities from each other

Militant Nationalism Side-effects

• Early nationalists worked to remove minority fears
• 1886: Naoroji declared no socio-religious issues in Congress forums
• 1889: Congress avoided issues Muslims opposed
• Later, Hindu nationalism emerged through Tilak's festivals, anti cow slaughter campaigns
• Aurobindo's Aryanised vision and goddess-centered oaths alienated Muslims
• Communal element visible in
  • Lucknow Pact (1916)
  • Khilafat agitation (1920 - 1922)
• Post-War National Scenario
  • Khilafat issue created Congress divisions
  • Muslim support for Turkey religious, not nationalistic
  • Muslim cultural traditions linked to West Asia, not India
  • Initially clashed with Indian nationalism
  • Later became anti-imperialist but maintained religious viewpoint

Communal Rejection by Majority Community

• 1870s
  • Hindu elites began expressing anti-Muslim sentiments
  • Fabricated narrative of British saving Hindus from Muslim oppression
  • Falsely positioned Hindi as Hindu language opposing Muslims
• 1909: Punjab Hindu Sabha formed, opposed Congress unity efforts
• 1915: All-India Hindu Mahasabha established
• 1925: RSS formed
• Hindu communalism initially weaker than Muslim communalism due to secular intelligentsia
• Competitive communal tendencies undermined anti-communal efforts

Evolution of 2 Nation Theory

25. Independence with Partition

Attlee's Statement of February 20, 1947

• Announced British departure from Indian subcontinent

Main Points

• June 30, 1948: Deadline for power transfer regardless of Indian agreement
• Power transfer to central or provincial governments based on assembly representation
• British powers over princely states would lapse but not transfer to successor government
• Mountbatten replaced Wavell
• Statement suggested partition / balkanisation of India

Why a fixed date fixed by govt for withdrawal

• Intended to force agreement between parties
• Demonstrate British sincerity

Congress Stand

• Accepted multiple power centers as path for constituent assembly progress
• Muslim League launched civil disobedience in Punjab after statement

Independence and Partition

• Communal riots + Unworkability of Congress-League coalition made partition increasingly acceptable
• 1947:
  • March: Nehru preferred Cabinet Mission solution, alternative was Punjab/Bengal partition
  • April: Kripalani (Congress president) indicated Pakistan acceptance if Bengal/Punjab fairly partitioned

Mountbatten as Viceroy

• Moved quickly with broader powers than predecessors
• Found Cabinet Mission Plan dead and Jinnah firm on sovereign state
• Supported unity advocates over opponents

Mountbatten Plan, June 3, 1947

• Freedom-with-partition formula widely accepted before announcement
• Immediate power transfer based on dominion status with secession right → avoided waiting for constituent assembly
• Main Points:
  • Punjab and Bengal Legislative Assemblies would meet separately (Hindu/Muslim) to vote on partition
  • Simple majority of either group voting for partition would trigger provincial partition
  • Partition would create two dominions and two constituent assemblies
  • Sindh would decide its own fate
• Congress concessions:
  • Independence for princely states ruled out—would join India or Pakistan
  • Independence for Bengal ruled out
  • Hyderabad independence ruled out (Mountbatten supported Congress)
  • Freedom by August 15, 1947
  • Boundary commission if partition elected
• Muslim League's demands partially met: Pakistan would be created but smaller than demanded to maintain maximum Indian unity

Why Congress Accepted Dominion Status

• Ensured quick power transfer and authority to manage explosive situation
• Provided bureaucracy/army continuity
• Kept India temporarily in Commonwealth

Rationale for August 15, 1947

• Immediate implementation
• Bengal/Punjab partitioned based on legislative votes
• Referendums determined Sylhet and NWFP's inclusion in Pakistan
• Baluchistan and Sindh joined Pakistan

Indian Independence Act

• 1947: British Parliament passed Act (July 5), royal assent (July 18), implementation (August 15)
• Created two dominions (India/Pakistan) with governor generals and constituent assemblies
• Dissolved existing Central Legislative Assembly and Council of States
• Transitional period governance → according to GOI Act 1935

Problems of Early Withdrawal

• Mountbatten's hasty timeline → partition anomalies → Punjab massacre
• No transitional institutions for partition challenges
• Leadership conflict: Mountbatten sought dual Governor General role, Jinnah claimed Pakistan position
• 1947: Boundary Commission results deliberately delayed (August 12-15) → British evaded responsibility for violence

Integration of States

• State People's Movement demanded political rights and Constituent Assembly representation
• Nehru led conferences in Udaipur (1945) and Gwalior (1947), declared non-joining states hostile
• 1947: Patel managed integration through strategic incentives and pressure
• Phase I: Most states signed accession by August 15, surrendering only defense, external affairs, communication
• Phase II: Complex integration created regional unions (Kathiawar, Vindhya, Rajasthan), required constitutional changes
• Princes received privy purses, governorships as incentives
• Patel's achievement: complete political unification within one year

Inevitability of Partition

• Congress acceptance reasons:
  • Dual challenge of Congress: Nation-building while securing independence
  • Failed integration of Muslim masses into national movement
  • Immediate power transfer needed to prevent communal violence
  • Interim Government collapse made Pakistan unavoidable
  • Prevented princely states independence and Balkanisation
• Congress capitulated because
  • Inability to control communal violence
  • Leaders' wishful thinking about future reconciliation
  • 1940s communalism fundamentally different - demanded separate nation

Progressive concessions to Muslim League:

• 1942: Cripps Mission accepted Muslim provinces' autonomy
• 1944: Gandhi recognized Muslim-majority provinces' self-determination
• 1946: Cabinet Mission Plan allowed separate constituent assembly
• 1947: CWC acknowledged Pakistan (March), accepted 3rd June Plan

Gandhi's Helplessness

• Gandhi reluctantly accepted partition as people's choice while asking Congressmen to reject it internally

26. Constitutional, Administrative and Judicial Developments

• East India Company: 1600 establishment, 1765 ruling body transformation
• 1773-1858: Constitutional changes serving British interests while introducing modern state elements

Constitutional Development between 1773 and 1858

• 1764: Chapter 3 - 5#Battle of Buxar, EIC gained revenue rights of Bengal, Bihar, Orissa
• 1767: British govt demanded 10% share
• 1765 - 1772: Dual government created responsibility authority disconnect
• System outcomes: corruption, private trading, revenue oppression, Company bankruptcy

Different acts under British

• Different Acts by the British#Regulating Act 1773
• Different Acts by the British#Pitts Act 1784
• Modern History W1D1#Charter Act 1793
• Different Acts by the British#Charter Act 1813
• Different Acts by the British#Charter Act 1833
• Different Acts by the British#Charter Act 1853
• Different Acts by the British#Indian Council Act 1861
• Different Acts by the British#Indian Council Act 1892
• Constitutional and Administrative Law#Indian Council Act 1909
• Different Acts by the British#Government of India Act 1919
• Different Acts by the British#Government of India Act 1935

Evolution of Civil Services in India

• East India Company's commercial system evolved to manage territories
• "Civil service" initially distinguished commercial from military staff
• Civil servants gained increasing authority over time

Cornwallis' Role (1786-93)

• Organized services
• Combated corruption through salary increases
• Enforced rules against private trade, bribes
• Implemented seniority-based promotions

Wellesley's Role

• 1800: Fort William College established for training new recruits
• 1806: Replaced by East India College at Haileybury

Acts

• Modern History W1D1#Charter Act 1793
  • Reserved all posts worth 500+ pounds per annum for covenanted servants of Company
• Different Acts by the British#Charter Act 1833
  • Theoretically opened services to Indians
  • Relevant provisions never really implemented
• Different Acts by the British#Charter Act 1853
  • Ended Company's patronage system
  • Introduced recruitment through open competition
  • Indians remained barred from high posts
• Indian Civil Service Act of 1861
  • Reserved certain offices for covenanted civil servants
  • Examinations held in England in English language
  • Based on classical learning of Greek and Latin
  • Maximum age gradually reduced from 23 (1859) to 19 (1878)
  • First Indian to qualify → Satyendra Nath Tagore
• 1878 - 1879: Statutory Civil Service
  • British#Lord Lytton (1876 - 1880) system reserved one-sixth posts for Indians of high families, later abolished
• Congress Demands
  • Lower age limit for recruitment
  • Simultaneous exams in India and Britain
• 1886: Aitchison Committee on Public Services recommendations
  • Dropping covenanted and uncovenanted terms
  • Classification of services into
    • Examination in England
      • Imperial Indian Civil Service
    • Examination in India
      • Provincial Civil Service
      • Subordinate Civil Service
  • Increase age to 24
  • 1893: Resolution for simultaneous examination passed → Never implemented
• Different Acts by the British#Government of India Act 1919
  • Established Public Service Commission
  • Recommended simultaneous examinations in India and England
  • Proposed one-third recruitments in India, increasing by 1.5% annually
• Lee Commission (1924)
  • 50:50 European-Indian parity
  • Immediate establishment of Public Service Commission laid down under 1919 Act
• Different Acts by the British#Government of India Act 1935
  • Recommended establishment of Federal Public Service Commission, Provincial Public Service Commissions
  • Control and authority remained with British despite these provisions

Evaluation under British Rule

• Indians excluded from law, policy-making bodies, implementation institutions
• European dominance maintained through:
  • ICS entrance barriers
    • London-based English exams
    • Classical subjects (Greek + Latin)
    • Age limit reduced 23→19 (1859-1878)
  • Europeans monopolised key positions, well-paid roles
• Post-1918: Indianisation occurred without transferring actual power
• Indian civil servants functioned to serve British imperial interests

Evolution of Police System in Modern India

• Pre-colonial era
  • No formal police under Mughal autocratic rule
  • Law enforcement
    • Villages → Village guards (since time immemorial), faujdars (Mughals)
    • Cities → Kotwal
  • Revenue collectors: Amils (Mughals)
• 1765-1772: Dual rule period
  • Zamindars expected to maintain thana staff including thanedars but often colluded with criminals
  • 1770: British abolished faujdars / amils
  • 1774: Hastings restored faujdars
  • 1775: Established formal thana system in major towns of large districts
• British reforms
  • 1791: British#Lord Cornwallis (1786-1793, 1805) modernised thana system with darogas (Indian) and SPs (head of district)
  • 1808: Mayo appointed divisional SPs with spy networks (goyendas)
  • 1814: Darogas abolished everywhere except in Bengal
  • 1829: British#Lord William Bentinck (1828-1835) abolished office of SP, transferred police authority to collector/magistrate
  • 1861: Indian Police Act established
    • Civil constabulary system with village watchmen in direct relationship
    • District head: SP
    • Range head: Deputy Inspector General
    • Province head: Inspector General
  • 1902 - 1903: Frazer Police Commission under Curzon's governorship: Recommended
    • Personnel and structure
      • Direct recruitment of senior officials
      • 2 police branches
        • Imperial Service Branch: Recruitment in England
        • Provincial Service Branch: Recruitment entire in India
      • Salary increases
      • Training schools
    • Operational changes
      • Increased force strength
      • Village visits
      • Criminal Intelligence Department creation
  • Implementation results:
    • Department of Criminal Intelligence (DCI) established as central intelligence agency
    • Provincial CIDs created throughout British India
    • 1929: CID divided into Special Branch, CID, Crime Branch
    • Police evolved as repressive force supporting British Raj, losing public trust
• Police evolved as repressive force supporting British Raj, losing public trust

Military under British

• Pre-1857: Two forces - Queen's army (Crown) and Company's troops (European and Native regiments with British officers)
• Post-1857: Reorganization to prevent future revolts
  • Indian Army: Created for territorial defense and Asian/African expansion
  • British Section: Served as occupation force guaranteeing control
  • European dominance ensured through fixed ratios ($1:2$ in Bengal, $2:5$ in Madras/Bombay)
  • Europeans monopolised key positions; Indians barred from officer ranks until 1914
  • 1918: Indians allowed commissioned ranks;
  • 1926: 50% Indian officer target by 1952
• Control maintained through
  • 1879 Army Commission: Emphasis divide and rule → Use Indians + Sufficient Europeans to control entire India
  • Martial races ideology
    • Martial race: Favour Sikhs, Gurkhas, Pathans who supported British in 1857
    • Non Martial races: Groups from revolt regions → Awadh, Bihar, Central India
  • Regiments mixed different ethno - religious groups to prevent unity
  • Soldiers isolated from nationalist influences
• Result: Costly but effective military machine serving British interests

Development of Judiciary in British India

• Pre-colonial India
  • Unorganised judicial system
  • Hindu litigation: Decided by caste elders / village panchayats / zamindars
  • Muslim litigation: Qazi, religious person
• 1726: Common law system started with Mayor's Courts in Madras, Bombay, Calcutta by East India Company

Legal Reforms under Warren Hastings

• Introduced new judicial system

Only Muslim law was used in criminal cases because the Mughal Empire had made it the criminal code across India. It was simpler to keep using the system already in place and helped make British rule seem more legitimate by keeping things consistent.

• Different Acts by the British#Regulating Act 1773: Established Supreme Court at Calcutta for British subjects

Legal Reforms under Cornwallis - Separation of Powers

• Fauzdari Court
  • Abolished
  • Replaced with Circuit courts
    • Established at Calcutta, Dacca, Murshidabad, Patna
    • European judges
    • Court of appeal for civil + criminal cases
• Sadar Nizamat Adalat
  • Shifted to Calcutta
  • Put under Governor General + Supreme Council (assisted by Chief Qazi + Chief Mufti)
• District Diwani Adalat
  • Designated as District, City or Zila court
  • Placed under district judge
• & Collector: Only revenue administration, no magisterial functions
• Court hierarchy established

Cornwallis Code

• & Separated revenue/justice administration
• Europeans brought under jurisdiction
• Officials answerable to courts
• & Rule of law established

Legal Reforms under William Bentinck

• Circuit Courts (Provincial court of appeal established under Cornwallis): Abolished, functions transferred to collectors
• Sadar Diwani and Sadar Nizamat Adalat established at Allahabad
• Persian replaced by vernacular languages in lower courts, English in Supreme Court
• 1833: Law Commission → Civil/Criminal Procedure Codes and Indian Penal Code

Later Developments

• 1860: Europeans lost special privileges except in criminal cases, cannot be tried by Indian Judge
• 1865: Supreme Court and Sadar Adalats merged into High Courts at Calcutta, Madras, Bombay
• 1935: Federal Court established for inter-governmental disputes

Evaluation

• Positive
  • Rule of law established
  • Codified laws
  • Government accountability
• Negative
  • Complicated/expensive system
  • Manipulation by wealthy
  • Delayed justice
  • Conflict with Indian traditions: European judges not familiar with Indian traditions

Major Changes in Administrative Structure after 1857

Genesis of Administrative Changes

• 1857: Rebellion taught British to reduce alienation through native inclusion
• Native officials provided cultural insights → tactical advantage for rulers
• Late 19th century: Global industrial competition intensified
• British supremacy challenged by USA, Japan, European powers
• British India investments: railways, plantations, mills, banking
• Colonial priority: Economic interests protection through political control
• Reactionary policies (suppressed Indian voices, resisted political reform) implemented by viceroys Lytton through Curzon

Administration: Central, Provincial, Local

Central Government

• 1858: Company rule replaced by Crown control after 1857 revolt exposed limitations
• Power structure: Secretary of State (Parliament member) → Viceroy → Executive Council
• Secretary had final authority with 15-member advisory council
• Different Acts by the British#Indian Council Act 1861: Added jurist to Executive Council, allowed 6-12 additional legislative members
• Legislative Council limitations
  • No financial control
  • Required government approval for discussions
  • Viceroy approval for bills
• Indian members only from elite classes (princes, landlords, diwans), not representative
• British control maintained through Secretary's power to override viceroy decisions

Provincial Government

• 1861: Legislative powers returned to Madras and Bombay, later extended to other provinces
• Presidency administration: Governor with Crown-appointed council
• Other provinces: Lieutenant governors appointed by Governor General
• Financial decentralization
  • 1870 (Mayo): Granted fixed sums for services (police, jails, education)
  • 1877 (Lytton): Devolved key expenditure to provinces (land revenue, excise, law and justice)
  • Provinces received fixed share of locally collected revenue (stamps, excise, income tax)
• 1882: Revenue divided into central, provincial, and shared categories
• Central government maintained supreme authority over provinces
• Entire system subordinated to Secretary of State and British Parliament

Local Bodies

• Decentralisation via Municipalities and District Boards
• Decentralization motives
  • Financial difficulties due to overcentralization
  • Civic improvements
  • Countering nationalism by providing basic facilities
  • Associating Indians with governance
• Financed through local taxes for services: education, health, sanitation, water, roads

1864 - 1868

• Initial local bodies formed
• Nominated members under district magistrates

1870: Mayo's Resolution

• Provincial governments authorized to implement local taxation to raise funds (in addition to annual grant from imperial govt)
• Transferred services (medical, education, roads) to provincial control
• Emphasized local supervision for fund management

1882: Ripon's Resolution

Ripon → Father of Local Self Govt in India

• Extended financial decentralization to local bodies
• Established dual purpose: Administrative improvement and Political education
• Created urban/rural bodies with defined duties and revenue sources
• Required non-official majorities, preferably elected where possible
• Appointed non-officials as chairpersons
• Limited official interference to oversight only
• Required executive approval for major financial decisions

Implementation limitations

• Elected members remained minority in most bodies
• Extremely limited franchise
• District officials continued heading district boards
• Government retained suspension/supersession powers
• Bureaucracy opposed self-government, considering Indians unfit
• Imperial ideology prevailed over liberal reforms

Royal Commission on Decentralisation (1908)

• Identified financial resource shortage as key obstacle for local bodies
• Recommended:
  • Empowering village panchayats (judicial powers, village works, schools)
  • Providing adequate income sources to panchayats
  • Establishing sub-district boards at taluka/tehsil level
  • Removing taxation restrictions
  • Ending regular provincial grants except for major projects
  • Allowing municipalities to manage primary education
  • Relieving municipalities of secondary education, hospitals, police costs

Implementation timeline

• 1915 Resolution: Official views on Decentralisation Commission, most recommendations remained on paper
• 1918 Resolution: Called for representative local bodies with real authority (after Chapter 12 - 17#Montagu's Statement (August 1917))
• Different Acts by the British#Government of India Act 1919
  • Made local self-government "transferred" subject
  • Finance remained "reserved" subject, limiting Indian ministers' effectiveness
• 1930 Simon Commission: Noted minimal panchayat progress, deteriorating finances
• 1935 Government of India Act
  • Placed finance under popular ministries
  • Demarcation of taxation between provincial and local finance since 1919 → scrapped
• Post-1935:
  • New acts increased local authority but financial powers remained limited
  • Provincial governments imposed new restrictions on ability of local bodies to levy taxes, ignored Commission's liberal recommendations
• Constitution of Free India
  • Directed states to establish effective panchayats
  • 73rd/74th Amendments: Addressed structural loopholes in local governance

27. Survey of British Policies in India

Administrative Policies

• Post-1857: British shifted to reactionary governance claiming Indians unfit for self-rule

Divide and Rule

• Created deliberate divisions across society to prevent unified resistance (eg prince against people, Hindus against Muslims)
• Attitude towards Muslims
  • After 1857 revolt: Repression
  • Post-1870: Used educated muslims against nationalism
• Exploited competition for scarce resources (education, jobs, pollitical positions)

Hostility Towards Educated Indians

• Opposed nationalist leadership analyzing colonial exploitation
• Resisted demands for Indian administrative participation
• Targeted advocates of modern education

Attitude Towards the Zamindars

• Allied with reactionary elites (princes, zamindars) against nationalist intelligentsia
• Restored confiscated lands of Awadh taluqdars (before 1857) to create loyal supporter base
• Protected landlord interests against peasants

Attitude Towards Social Reforms

• Withdrew reform support after aligning with orthodox elements
• Encouraged divisive caste and communal consciousness

Underdeveloped Social Services

• Prioritized military spending over social infrastructure
• Limited facilities served primarily elites and urban areas

Labour Legislations

• 1875: First Indian Factory Commission appointed to investigate factory conditions
• Economic and Financial Regulation#Indian Factory Act 1881
• Economic and Financial Regulation#Indian Factory Act 1891
• Tea + Coffee Plantations
  • Excluded from above acts
  • Labourers treated like slaves
  • Breach of contract → Criminal offence

Restrictions on Freedom of the Press

• Nationalists used press to educate public and build national consciousness
• 1835: Press restrictions lifted by Metcalfe
• 1878: Reimposed by Lytton via Vernacular Press Act 1878
• 1882: Act repealed under public protest

White Racism

• Systematic exclusion of Indians from higher positions
• Racial superiority maintained through segregation and violence
• Elgin: "We must reserve control to ourselves to remain at all"

Revenue Policies

Hastings' System

• 1770: Corruption of company (+other factors) → One of the worst famines in Bengal
• British#Warren Hastings (1772-1785) implemented Izaredari / farming system
  • Revenue collection power given to highest bidders (contractors/"farmers")
  • Resulted in extortion and oppression
    • Contractors prioritised profit over peasant welfare
    • Promised amounts exceeded production capacity
    • Hereditary zamindars were ousted
    • Corruption reduced revenue reaching government

Other Systems

• British#Land Revenue System under British

Overall impact of British Land Revenue Systems

British Social and Cultural Policy

• Pre-1813: Non-interference in social, religious, cultural life
• Post-1813: Transformation measures following European changes + Charter Act 1813 allowed missionaries to come into India
  • European changes
    • Industrial Revolution → India as market → partial modernization
    • Intellectual Revolution → new attitudes and morals
    • French Revolution → liberty, equality, democracy concepts

Characteristics of New Thought

• Rationalism: Reason and scientific attitude
• Humanism: Human dignity → liberalism, socialism
• Progress Doctrine: Societies evolve, can be remodelled rationally

Schools of Thought

• Conservatives: Minimal changes, gradual introduction, social stability priority (Hastings, Burke, Munro, Metcalfe, Elphinstone)
• Paternalistic Imperialists: Critical of Indian society, justified colonisation
• Radicals: Applied humanistic thought, believed India had capacity to improve, advocated modernization, supported by reformers like Rammohan roy
• British administration: Imperialistic despite radical elements, limited modernization

Indian Renaissance

• Indian reformers fought social evils through legislation
• Key figures: Rammohan Roy, Vidyasagar, Malabari

Government Dilemma

• Feared modernization creating anti-British sentiment
• Implemented selective "colonial modernisation"

Christian Missionaries

• Viewed Christianity as superior religion
• Sought to spread Christianity through westernisation
• Supported Radicals whose scientific approach would undermine native culture
• Supported Imperialists as law/order maintained British supremacy
• Sought business support by claiming Christian converts made better customers

British Retreat

• Post-1858: Abandoned hesitant modernization
• Indians embraced modernization, demanded equality
• British allied with conservative elements, encouraged divisions

British Policy Towards Princely States

• States used as empire bulwark while subordinated to British authority
• 1857: Annexation policy abandoned; depose or punish (but not annex) used instead
• Territorial integrity and heir adoption rights respected
• 1876: Queen's Kaiser-i-Hind title ended fiction of states' equality, emphasised British sovereignty over India, Princes ruled merely as agents
• Paramountcy exercised through residents interfering in internal affairs
• Modern infrastructure (railways, roads, telegraph) facilitated British control
• Administrative institutions introduced to counter nationalism

British Foreign Policy

• Imperial interests caused conflicts with neighbours through:
  • Administrative consolidation with modern communications
  • Securing natural frontiers for defense
  • Protecting empire, expanding commercial interests
  • Countering other European powers
• Led to expansion beyond natural frontiers and conflicts with Russia/France
• British interests served while Indian money spent and blood shed