While in its
dispatch the Government of India had noted that the effect of its
scheme would be to throw greater burdens on the heads of local
governments, it refrained from proposing additions to the executive
councils already existing until experience had been gained of the
working of the new measure, and from recommending new executive
councils without the fullest consideration and consultation with the
heads of provinces to be affected.
dispatch the Government of India had noted that the effect of its
scheme would be to throw greater burdens on the heads of local
governments, it refrained from proposing additions to the executive
councils already existing until experience had been gained of the
working of the new measure, and from recommending new executive
councils without the fullest consideration and consultation with the
heads of provinces to be affected.
Cambridge History of India - v4 - Indian Empire
Meanwhile remarkable developments were taking place in Bengal.
On 2 May, 1908, two days after the Muzaffarpur murders, searches
1 Lord Sydenham, op. cit. pp. 224-5.
* Kilbracken, Reminiscences, p. 184.
a
## p. 557 (#597) ############################################
OUTRAGES IN BENGAL
557
were made in a garden and elsewhere in Calcutta resulting in the
seizure of bombs, dynamite, cartridges and incriminating corre-
spondence. A number of young bhadralok were brought to trial on the
information of an approver. Fifteen were ultimately found guilty of
conspiracy to wage war against the king-emperor. The plans and
doings of the conspirators were fully disclosed. For two years and
more they had launched on the public a highly inflammatory pro-
paganda; they had collected arms and ammunition; they had studied
bombs. The words of the judge who passed sentence on those con-
victed shows the extent to which the unbridled licence accorded to the
press had assisted their project:
There can be no doubt that the majority of the witnesses are in sympathy
with the accused. . . . I do not say with their motives, but with their objects; and
it is only natural that they should be. Their natural desire for independence was
not likely to be weakened by the constant vilification in season and out of season
of government measures, not only by the yellow press, but by papers which claim
to be respectable.
Outrages and murders were checked by but did not cease with these
convictions; and other conspiracies came gradually to light. But the
cruel and inhuman nature of subsequent murders and “political"
dacoities (gang-robberies) did not deprive the perpetrators of the
sympathy of many impressionable Hindus, whose views were in 1925
accurately diagnosed by one who now holds high office in India:
I have reason to believe that the opinion is prevalent with very many people
that, although violence and terrorism will never bring a nation political freedom,
they are not bad instruments with which to weaken a government; in the words
of a leading article in an Indian paper recently, they are “the sappers and miners
of constitutional advance"; and it is claimed that their use is always followed
by advance. 1
On 7 November, 1908, an attempt was made to shoot Sir Andrew
Fraser, lieutenant-governor of Bengal. Toward the end of the year
nine prominent Bengalis were deported. On 17 December, Lord
Morley announced his scheme of constitutional reforms.
The reforms were supported by the Moderates; and in a speech at
Poona on 8 July, 1909, Gokhale urged loyal acquiescence in British
rule, pointing out that self-government was an ideal for which Indians
must qualify themselves. At Bombay on 9 October he strongly
denounced the active participation of students in politics which often
evoked in them a bitter partisan spirit injurious to their intellectual
and moral growth. Extremist teaching rightly inculcated patriotism
and self-reliance, but wrongly ignored all historical considerations in
tracing India's political troubles to a foreign government.
"Our old public life”, he said, "was based on frank and loyal acceptance of
British rule, due to a recognition of the fact that it alone could secure to the
Sir Hugh Stephenson in the Bengal Legislative Council, 7 January, 1925.
## p. 558 (#598) ############################################
558
THE RISE OF AN EXTREMIST PARTY
country the peace and order which were necessary for slowly evolving a nation
out of the heterogeneous elements of which India was composed, and for ensuring
to it a steady advance in different directions. The new system condemns all faith
in the British government as childish and all hope of real progress under it as
vain. . . . When one talks to young men of independence in a country like this,
only two ideas are likely to present themselves clearly before their minds. One is
how to get rid of the foreigner, and the other is how soon to get rid of him. All
else must appear to them of minor importance. . . . We have to realise that British
rule, in spite of its inevitable drawbacks as a foreign rule, has been on the whole
a great instrument of progress for our people. Its continuance means the continuance
of that peace and order which it alone can maintain in our country, and with
which our best interests, among them those of our growing nationality, are bound
up. Our rulers stand pledged to extend to us equality of treatment with them-
selves. This equality is to be sought in two fields: equality for individual Indians
with individual Englishmen and equality in regard to the form of government
which Englishmen enjoy in other parts of the empire. . . . It is on our average
strength that the edifice of self-government must rest. The important work before
us, therefore, is to endeavour to raise this average. ”
Gokhale's determined abandonment of a facing-both-ways policy
was imitated by other Moderates, whose influence increased as their
attitude grew firmer. Revolutionary conspiracy in Bombay had been
purely Brahman and mostly Chitpavan. It ceased with the recogni-
tion that the British government was obviously still capable, cal-
culable, and not in the least likely to abdicate. Chitpavans are
practical men; and equalitarian ideals are obnoxious to all Brahmans.
Later on, when toward the close of 1914, Tilak, who on release earlier
inrthat year had declared himself loyal to the government, endeavoured
to obtain readmission to the congress "in order to organise obstruc-
tion in every possible direction within the limits of the law", to bring
the administration to a standstill, and “compel the authorities to
capitulate” and grant self-government, but was unable to effect his
purpose. Nor did he return to the congress until Gokhale and
Pherozeshah Mehta had passed away. But in Bengal conditions were
different. There revolutionary conspiracy was not peculiarly Brahman.
Subversive ideas had been widely and industriously diffused among a
veryimaginative and emotional class, the members of which were often
sufferers from unemployment or economic adversity. For centuries no
Hindu dynasty had governed the province; but Hindu sentiment,
quick to resent the slightest legislative interference with any custom
which could be represented as interwoven with religion, flowed deep
and strong. The abolition of sati, 2 and the Age of Consent Act sixty
years later, had provoked clamorous protests from conservative Bengali
Hindus. Progressives too had their grievances, for Western learning,
often acquired with long and painful effort, had often yielded un-
satisfactory fruit.
Altogether there was a mass of discontent, social, political and
economic, which gave ample opportunity for revolutionary teaching.
i See a letter of Gokhale's quoted ap. Life of Sir Pherozeshah Mehta, 11, 654-6.
* See p. 142, supra.
>
## p. 559 (#599) ############################################
EXTREMISM IN BENGAL
559
The conspirators had gained a long start and had spread their nets
widely. Murders and boycotting of witnesses and informers had
broken down some prosecutions and were building up terrorism. The
great water-country of Eastern Bengal was scantily manned with
British officers, and its administration generally was starved during
those critical years 1906–9. 1 The views of numbers of imaginative
young Hindus regarding the British were moulded, not by any personal
contacts with individuals, but by scurrilous newspapers, distortions
of history and the idea that while a millennium was struggling
on the threshold, its entry was blocked by a foreign government. The
Press Act of 1910 at last effectively checked the poisonous flow of
printer's ink. But by that time enormous mischief had been
done, and outrages were being perpetrated which, in the words of the
government mover of the bill in the imperial legislative council, were
"the natural and ordinary consequence of the teaching of certain
journals”.
Time has gone on. India's experience of extremism has widened.
The consequences of the events and movements described in this
chapter have become merged in the consequences of other events and
of movements which followed on the war. Through the first years of
that tremendous struggle extremism skulked in holes and corners.
Revolutionary conspiracies were met, baffled and suppressed by the
resolute action of the government. With subsequent events this
chapter is not concerned. In our own day by spreading abroad a
spirit of lawlessness and by sharpening animosities between various
sections of an immense society, extremism has gone far to make the
successful working of any parliamentary system in India for ever
impossible. But perhaps this is the object of some of its leaders for,
from the first, the movement has been chiefly Hindu. No orthodox
high-caste Hindu can really desire to see democracy established in
India.
1 See p. 252, supra.
: Chirol, Indian Unrest, p. 99.
## p. 560 (#600) ############################################
CHAPTER XXXI
THE REFORMS OF 1909
LORD CURZON'S departure from India towards the end of
1905 marked the close of a period of great administrative activity and
reform. But although so many functions of government came under
examination and were improved, organic change was not undertaken.
Some Indian politicians indeed were inclined to suspect that more
complete efficiency would crush their hopes of a larger share in both
the legislative and executive direction of the country. In selecting
Lord Minto as a successor to Lord Curzon, the conservative govern-
ment in England no doubt expected that his term of office would be
marked by a restoration of good relations with the educated Indians,
while it would be sufficient to watch the effects of the recent altera-
tions and unnecessary to make others of much importance. Every-
thing in Lord Minto's previous career supported these hopes. His
chief administrative experience was as governor-general of Canada,
a self-governing dominion, where he had shown great tact and power
of conciliation, but no desire to exceed his constitutional functions by
pressing his views about administrative details. Shortly before leaving
England he spoke of his future task and, borrowing a simile from the
turf, said that the best way to win a race was often to give a horse a
rest between his gallops. And yet it was by his initiative that funda-
mental changes were carried through in the next few years.
In January, 1906, a liberal government with a large majority came
into power in England and Lord (then Mr) Morley became secretary
of state for India. Currents of political thought often begin as vaguely
as natural floods, and require careful direction if they are not to
develop into the devastating torrents of revolution. The aspirations
which had become more insistently expressed in the twenty-first
meeting of the Indian National Congress at Benares in 1905 were to
be guided by a viceroy in India with a wide and varied experience
of many classes of men, and by a secretary of state of great historical
knowledge, but of a dictatorial habit tempered by a full realisation
of the difficulty of getting his views accepted by the House of Lords.
When Lord Minto arrived in India, his legislative council and the
councils in the provinces consisted (vide chapter xxix) of a small
number of members chiefly official or nominated, while only a few
had been recommended by election. Their votes shaped legislation,
but the budget had been passed before they discussed it, and, though
questions could be asked, no supplementary questions were permissible.
By the congress these arrangements had been criticised at their first
1 Sir W. R. Lawrence, 'The India we served, p. 233.
a
## p. 561 (#601) ############################################
CONGRESS DEMANDS
561
introduction, but other matters had attracted greater attention until
1904, when three specific claims were made to secure to Indians a
large share in the control of administration. One of these, borrowed
from the French colonial system, was directed to securing the repre-
sentation in the House of Commons of each province of India, and
it was subsequently dropped. A second demand was for larger repre-
sentation in the legislative councils, with the right to divide these
bodies on all financial matters coming before them, while the third
was for the appointment of Indian representatives (to be nominated
by elected members of the legislative councils) as members of the
council of the secretary of state for India, and of the executive councils
of the governments of India and the governments of Bombay and
Madras. These claims were repeated and developed in the following
year. As early as March, 1906, Lord Minto began to discuss privately
the third suggestion with the members of his own executive council,
believing that an executive partnership would be easier to establish
than a joint electoral body in the legislature. " So much opposition
was made to his proposal that he did not even put it forward in his
early correspondence with the secretary of state. On the wider
question of admitting more Indians to the legislative councils, his
first impression made him deprecate the importation of British institu-
tions, a feeling with which Lord Moriey agreed, though at the same
time he argued that it was impossible in any advance to escape from
their spirit. In June, 1906, Lord Morley made detailed suggestions
clearly based on the congress demands. Lord Minto's Canadian
experience had shown him how easily suspicions of dictation from
England are aroused, and he pressed that the public and official
initiative should come from India. He therefore addressed a minute
to a small committee of his executive council desiring it to examine
certain questions. Impressed as Lord Dufferin had been by the
danger apparent in Indian conditions that any system of ordinary
election might exclude representatives of important communities, he
named (in almost the exact language used by Lord Dufferin's com-
mittee) as interests which must be protected to secure a stable and
effective administration: the hereditary nobility and landed classes,
the trading, professional and agricultural communities, and the
European planters and commercial classes. The specific topics for
discussion were the constitution of a council of princes or their
representation on the viceroy's legislative council, the appointment
of Indian members on his executive council, increased representation
on the imperial and local legislative councils, and the prolongation
of the budget debate, with power to move amendments.
While in Europe and America organic changes such as these are
freely discussed in the press, in periodicals and books, and on plat-
1 Buchan, Life of Lord Minto, p. 231.
? Lord Morley, Recollections, II, 173.
2
CHIVI
36
## p. 562 (#602) ############################################
562
THE REFORMS OF 1909
forms, the backwardness of education in India makes it impossible
to obtain the keen and constructive criticism available in Western
countries. Few Indians even of the educated classes can read or
converse fluently in a vernacular different from their own. As
English is the ordinary means of communication between literate
residents in different language areas, details of important discussions
often escape the notice of men, well fitted to consider them, who do
not know thạt language. The burden thrown on the permanent
official of examining such schemes is thus heavy and frequently causes
delay. While this preliminary examination was being made, the
congress held its annual session at Calcutta and for the first time
passed a resolution asking that the system of government obtaining
in the self-governing British colonies should be extended to India. The
first steps to be taken were those already described, but the proposal
that Indian provinces should be directly represented in parliament
was dropped. While the more intelligent Indian politicians were
endeavouring to persuade or convince the responsihle officials and
through them the British parliament that Indians we. u fit to exercise
substantially more authority than had hitherto been conceded to
them, a small but active section noisily demanded complete freedom
at once, and in the background was a growing number of individuals,
feeding their ill-taught minds with tales of oppression, and perverting
the minds of youths with distorted history and scraps of religion and
social service, in the hope of coercing the government. Advice on
revolutionary methods was supplied by Indians in London, and later
in Paris. In Bengal, where dissatisfaction had been caused by the
partition of the province, dangerous conspiracies were being hatched.
The public announcement by Lord Minto in the legislative council
in March, 1907, that he had addressed the secretary of state regarding
a liberal measure of reforms, was followed very soon by open displays
of violence in the Panjab. 2 The position became so serious that later
in the year an ordinance was made to regulate the holdings of
meetings, which were prohibited, if of a seditious nature, in the
Panjab and in Eastern Bengal. The trouble in the Panjab then
subsided, while in Bengal it grew secretly, and attempts were made to
spread the propaganda in Madras. Evidence of the harm done by
violent speeches at public meetings was so strong that in November
the ordinance was replaced by an act to enable seditious meetings to
be stopped. In the Bombay Presidency riots took place and Mr B. G.
Tilak was prosecuted and sentenced to a long term of imprisonment
for sedition. It was clear that the criminal law was not sufficient and
in June acts were passed giving power to forfeit presses which had
been used for incitement to commit certain violent offences, and
another to control the use of explosives on the lines of English law.
1 Speeches made in vernacular at meetings of the congress are or were till recently not
reporied.
· For details of these see chapter xxx.
## p. 563 (#603) ############################################
MINTO'S POLICY
563
In December a summary procedure for trial of seditious conspiracies
(which were liable to be unduly prolonged under the ordinary law)
was enacted, and power was taken to suppress associations formed for
unlawful acts. A number of Bengalis were also deported under the
emergency regulation of 1818. While these measures were accepted
by Lord Morley as necessary, in his private correspondence with the
viceroy he showed his dislike for them and expressed his distrust of
the bureaucrat whom he believed to be always contemptuous of law
and clamorous for the violent hand. 1 With too little regard for the
inflammable character of an Indian mob he criticised the sentences
passed on-rioters in Bombay.
Since August, 1907, when the Government of India had consulted
local governments, and through them the public generally, examina-
tion of the scheme for reform had continued. Lord Minto's policy as
announced in the legislative council when the press and explosive acts
were being considered was to remain undeterred by outrages while
taking steps to prevent their continuance. His aim had always been
to deal, not with ambițions he considered impossible, but to give to
the loyal and moderate educated classes a greater share in the govern-
ment of India. Lord Minto, at this stage, suggested the formation of
ai isory councils in addition to the legislative councils. To some extent
these resembled the first division in the enlarged councils proposed
by Lord Dufferin. They were to receive no legislative recognition and
no formal powers but would meet when summoned to consider im-
portant matters, or the members might be consulted individually.
The imperial advisory council was designed to include a number of
chiefs, as questions were already arising which affected their subjects
and British Indians alike. Other members were to be substantial land-
holders, and these with representatives of the smaller land-holders,
of industry, commerce, capital and the professional classes were to
compose the provincial councils. The scheme was described as in
accordance with the best traditions of oriental polity which recognised
that “the sovereign, however absolute, should make it his business to
consult competent advisers and should exercise his rule in accordance
with what, after such consultation, he deems to be the best mind of
the people”. . This part of the scheme was not favourably received.
Most of the chiefs declined to sit on a mixed council, and when
the Government of India sent its definite proposals to England, it
advocated an imperial council of chiefs only. To the scheme for the
provinces opinion was more favourable, but was marked by diversity
in the matter of detail. It was natural that the professional middle
classes, supported also by many land-holders, pressed for a large
statutory council, wholly or partly elected so as to represent various
1 Lord Morley, op. cit. II, 257.
* Buchan, op. cit. p. 276.
Dispatch of 24 Algust, 1907, para. 4.
.
36-2
## p. 564 (#604) ############################################
564
THE REFORMS OF 1909
interests, and with wide powers of control over the government.
Such a project was entirely different from that conceived by the
Government of India which, as will be seen, was proposing to extend
the powers and constitution of the existing legislative bodies. The
final decision was that the head of a province who so desired should
form a small council of persons of some distinction and obtain its
advice when he wished to consult it. 1
In arranging for membership of the legislative councils, the necessity
of ensuring adequate representation of important interests was borne
in mind. Failure of the system of 1892 in this respect was marked.
Of the persons recommended by electors for membership of the
imperial council 45 per cent. came from the professional middle
classes, only 27 per cent. were land-holders and not a single Indian
business man had been chosen. It was now proposed to admit
twenty-eight members by election, of whom twelve would be chosen
by members of the provincial legislative councils, seven by land-
holders in the principal provinces, a five by Muhammadans, two by the
chambers of commerce of Calcutta and Bombay (whose membership
is chiefly European) and two by representatives of Indian commerce.
A reserve of three seats was kept for nominations of experts or of non-
official gentlemen to represent minorities, or special interests.
For provincial councils the scheme was similar. In provinces where
education was more advanced, election was to be made by members of
the municipal boards in the larger cities, by members of the boards in
smaller cities along with members of district boards, by land-bolders,
by chambers of commerce, by the Indian commercial community, by
universities, by Muhammadans, and by representatives of special
interests where these existed, such as tea, jute and planting. In both
the imperial and provincial legislatures it was proposed to balance
almost exactly the number of officials and non-officials, leaving the
viceroy in the former, and the head of the province in the latter, to
exercise a casting vote. Burma was considered still unsuitable for a
system of election, and only one of the non-official members was to be
elected (by the chamber of commerce). In most provinces, as Lord
Dufferin had suggested twenty years earlier, elected members were
to be about 40 per cent. of the total council but in the Panjab the
proportion fell to twenty.
Legislative councils as constituted in 1861 were empowered to
discuss only bills actually before them. The act of 1892 had merely
extended the powers of the members to criticise the budget and in
that connection to express their views on any matter without being
able to move amendments or to vote. The Government of India now
suggested the grant of the right to move resolutions on subjects of
public interest, and the right to divide the council on the budget
1 Dispatch of 1 October, 1908, para. 75.
2. For a time one of these was to be nominated and not elected.
## p. 565 (#605) ############################################
MORLEY'S SCHEME
565
Lord Morley declined to sanction any advisory councils, on the
ground that the enlargements of the powers and size of the provincial
councils would give sufficient scope for the expression of views while
heads of provinces would always be able to consult persons whose
opinions and advice were valuable. He thought the scheme for a
chamber of princes was open to difficulties but promised to consider
any further proposals on this matter.
He accepted generally the proposals for numbers and constitution
of the provincial councils, with two reservations. While the Govern-
ment of India wished to allow each interest to elect its own repre-
sentatives, he suggested an electoral college the members of which,
chosen by the various interests, would be of such numbers that a
minority if unanimous could be certain of electing its own representa-
tives. He held further, in view of the restrictions on the powers of
provincial legislative councils under the act of 1861, that an official
majority should be dispensed with in their case, while it should be
substantial in the imperial council. Lord Morley accepted generally
the proposals for granting more freedom of discussion, and extended
these by allowing supplementary questions in addition to the right
of formal interpellation granted by the act of 1892.
While in its
dispatch the Government of India had noted that the effect of its
scheme would be to throw greater burdens on the heads of local
governments, it refrained from proposing additions to the executive
councils already existing until experience had been gained of the
working of the new measure, and from recommending new executive
councils without the fullest consideration and consultation with the
heads of provinces to be affected. The secretary of state, who had
already appointed two Indians as members of his own council, and
agreed to the appointment of an Indian on the viceroy's council,
brushed aside these notes of caution and decided to increase the
possible number of three members in Madras and Bombay to four,
one of whom should in practice, though not by statute, always be an
Indian. And he proposed to take power to form such councils in
provinces where none existed. Lord Dufferin's committee had sug-
gested the constitution of an executive council because they antici-
pated that enlarging the functions of the legislative council would
materially alter the character of the administration, while Lord
Morley appears to have been more impressed by the desirability of
introducing Indian members than by administrative needs.
On 1 November, 1908, the fiftieth anniversary of the queen's
proclamation after the Indian Mutiny, a message to the Indian people
was published in the name of the king-emperor announcing the
extension of representative institutions, and the details were issued
publicly shortly after. They were well received in India where the
congress welcomed them as a large and liberal instalment of reform,
· Dispatch of 27 November, 1908.
1
## p. 566 (#606) ############################################
566
THE REFORMS OF 1909
and Mr Gokhale in the following budget debate described the authors
as having saved India from drifting into chaos. An increase in the
numbers of elected members and greater facilities for debate had been
so confidently expected that the appointment of Indians to executive
councils appeared the greatest novelty. But there was keen debate
as to the class of person who would be selected. Active politicians
hoped that the choice might fall on them, but feared that men whom
they stigmatised as nonentities would be chosen.
The Musļiin section of the community was, however, greatly dis-
satisfied with the suggestion that its representation should be secured
by the device of electoral colleges. Muslim and Hindu are divided by
differences of religious belief incomparably greater than the sectarian
variations of Christianity. Sacrifice of cows and bullocks and the
consumption of beef are intensely repugnant to the Hindu. These
practices and the clash of processions celebrating religious rites lead
to disturbances often accompanied by loss of life. For more than half
of the nineteenth century the Muslims had held back from the study
of English and thus had not fitted themselves for public life and office.
In Northern India especially, where they were numerous and till the
break-up of the Moghul Empire had been politically supreme, they
clung to their old traditions. A few years before the project for
reforms had been launched, their minds had been agitated by a
demand of the Hindus in one province that the Arabic character
should no longer be used in the courts, and even that the language
should be altered. As soon as it was known that organic changes were
being discussed (October, 1906), a Muslim deputation approached
Lord Minto to press for adequate representation both on local bodies
and on the council. They asked that Muslim representatives should
be elected by Muslim voters, and that the proportion of Muslim
members should not be fixed merely on the basis of the numerical
strength of the community. In replying Lord Minto went further
than Lord Dufferin had done. He agreed that their position should
be estimated, not merely on their numerical strength, but in respect
to the political importance of the community and the service it had
rendered to the empire. He thought that any electoral representation
in India would be doomed to mischievous failure which aimed at
granting a personal enfranchisement regardless of the beliefs and
traditions of the communities comprising the people of that continent.
Previous experience had justified the Muslim apprehension. While
they formed 23 per cent. of the total population of British India, only
12 per cent. of the members recommended by election for the imperial
council had belonged to this community. In the United Provinces,
with 14 per cent. of the population, the Muslims had never succeeded
in obtaining a single nominee by election. Some objections were
raised by Hindus to the initial proposals of the Government of India
for securing Muslim representation on the baseless ground that they
## p. 567 (#607) ############################################
PARLIAMENTARY DISCUSSIONS
567
were an attempt to set one religion against another and thus to create
a counterpoise to the influence of the educated middle classes. But
the final proposals of the Government of India insisted on the im-
portance of adequate and separate representation for this community,
part of it to be secured by a separate electorate.
There was little disposition in England to criticise the intended
enlargement of legislative councils and of their functions. Speaking
on Indian affairs in the House of Lords (30 June, 1908), Lord Curzon
described such measures as only carrying out the traditional policy of
the British in India, which no one would wish to retard. To broaden
the basis of government was the act of a wise statesman. But, referring
to the disquieting reports of outrages in India, he pressed that changes
should not have the appearance of having been extorted by force,
that they should not tend to weaken British rule, and that they should
be preceded by a resolute vindication of the authority of governmen .
Introducing the bill in the House of Lords in December, 1908,
however, Lord Morley foresaw that there would be grave discontent
with some of his proposals, and sought to avoid it. Every politician
or administrator of importance who has had to deal with the method
of government in India has deprecated the importation of British
institutions without discretion. Lord Dufferin, after setting out his
plan, had said:
From this it might be concluded that we were contemplating an approach, at
all events so far as the provinces are concerned, to English parliamentary govern-
ment and an English constitutional system. Such a conclusion would be very
wide of the mark, and it would be wrong to leave either the India Office or the
Indian public under so erroneous an impression.
Faced with the unmistakable nature of his own bill Lord Morley
assumed the necessity of defending his retention of an official majority
in the imperial council, a measure which beyond all others was outside
controversy, and he repudiated “almost passionately", as Lord
Curzon subsequently said, the intention of mingling East and West.
If I were attempting to set up a parliamentary system in India, or if it could
be said that this chapter of reforms led directly or necessarily up to the establish-
ment of a parliamentary system in India, I, for one, would have nothing to do
with it.
On the second reading, however, his deep political convictions
prevailed, and he explained more clearly his reasons for suggesting
an advance which led obviously in the direction he professed to avoid.
Lord Curzon, dealing with his own term as viceroy, described his aim
as being directed towards the progress of the people by the removal
of abuses, by adopting a just and sympathetic attitude towards them,
and by carrying out social reforms. 1 Political concessions were not
then in the field. While he was viceroy, he had been pressed at the
1 Hansard, 23 February, 1909.
## p. 568 (#608) ############################################
568
THE REFORMS OF 1909
ba
a
1
instance of an Indian journalist to say that perhaps in fifty years India
might be self-governing. After long thought he had declined on the
ground that it might embarrass his successor if he raised any hopes
or expressed any opinion as to when self-government would come.
He criticised those provisions in the bill which went beyond the
proposals of the Government of India by giving up official majorities,
by enlarging and increasing executive councils, and by appointing
Indians to them. Lord Morley defended his scheme with the ardour
of a student of political history. Professing as much zeal for efficiency
as Lord Curzon he could not believe that any proposals could be true,
solid or endurable without concessions. He then quoted Lord Salis-
bury's warning against the introduction of occidental machinery into
India, to brush it aside with the remark that “we ought to have
thought of that before we tried occidental education; we applied that
and occidental machinery must follow". The elective principle had
been introduced (though tentatively) by the act of 1892, and was
demanded to bring proposals into harmony with the dominant senti-
ment of the people in India. It is to be noted that, both at this time
and in all subsequent political movements, the Indian politician has
shown himself possessed of imitative rather than of critical or con-
structive faculties, and has never wavered in his demand for a system
of government like that enjoyed by the self-governing dominions.
In the House of Lords the clause of the bill giving the government
power to create new executive councils was deleted at the instance of
Lord MacDonnell, who had himself held charge of three provinces.
Arguments against this power, which had not been immediately
recommended by the Government of India, and was known to be
opposed by most existing heads of provinces, were stigmatised by
Lord Morley as “good sound bureaucratic arguments but it was the
bureaucratic system they vere going to make a breach in”.
An overwhelming majority in the House of Commons replaced the
clause, but it was again modified in the House of Lords to create a
council only in Bengal, where the late Sir Edward Baker, the lieu-
tenant-governor, had asked for it, and in other provinces only after
a draft proclamation had lain on the table of both houses of parliament
for six weeks and no hostile address to the crown had been carried.
In the House of Commons Earl Percy, who had been under-
secretary of state for India, questioned Lord Morley's hope that this
measure would induce the more moderate Indian politicians to
abandon their dream of colonial self-government. He did not object
to enlarging the councils and giving greater power of discussion,
which would make them more useful for advisory and consultative
purposes. But he opposed the power of initiating legislation, moving
resolutions (even though like resolutions in the House of Commons,
they were not to bind government) and the creation of non-official
i Sir W, R. Lawrence, The India we served, p. 233.
## p. 569 (#609) ############################################
DIVERSITIES OF RACE AND CREED
569
a
majorities in the provincial councils. Mr A. J. Balfour was impressed
by the religious dissensions, and though accepting the view that
representative institutions were the highest development as yet dis-
covered by the human race in dealing with its own affairs, held that
they were suitable only where the population was in the main homo-
geneous, where a minority was prepared to accept the decision of the
majority, and where there was unity of tradition, general outlook,
and a broad view of national aspiration. He could not conceive how
India would ever be fit for representative government until the whole
structure of Indian society underwent radical and fundamental
modifications. A few days later his remarks were echoed by an Indian
politician. Discussing the ambition to build a united Indian nation,
he said:
Can we expect to achieve that ambition by obtaining political concessions
alone? Suppose all the seats in the executive council of the viceroy and those of
the governors and lieutenant-governors, when they come into existence, as we
hope and trust they soon will, were occupied by Indians-suppose all the members
of the supreme and provincial legislative councils were the elected representatives
of the people-let us go even further ahead and suppose that we attained the goal
of our aspirations, the colonial form of self-government; would all, without
purging the many social diseases that your body politic suffers from, convert you
into a united Indian nation?
Referring to the millions of ignorant and superstitious masses he said
that a handful of great men would never make a nation of them, and
"there is no process of legislation or diplomacy by which these
millions with all their diversities of caste and creed, could be fused
into a harmonious whole. . . . "
The prime minister's defence of the bill followed the lines of Lord
Morley's. Adopting almost the exact words of Lord Dufferin's
minute, he described it as not revolutionary, but merely an extension
and development of institutions which had been many years in
operation and the extension of which had always been contemplated.
Education and the spread of ideas must more and more associate the
people of the country with government. There was a movement in
Asia for greater association of the natives of various countries in
passing laws and also in holding high executive positions. In England
also democratic feeling was strong and could not be resisted.
One topic which, though not affected by the bill, was much dis-
cussed during the debates, was the intention to appoint an Indian
member of the viceroy's executive council. Lord Morley, when intro-
ducing the bill, had announced that if, during his tenure of office,
there should be a vacancy, he would feel it his duty to tender to the
king his advice that an Indian should be appointed. He supported
his opinion by his experience of having had two Indian members on
his own council, and thus being in a position to get the Indian point
· Pt. Moti Lal Nchru, Presidential address, United Provinces Social Congress at Agra
on 11 April, 1909.
## p. 570 (#610) ############################################
570
THE REFORMS OF 1909
of view direct from them. Lord MacDonnell's objection was based
on the existence of strong religious dissension. A Muslim could not
be appointed unless a Hindu was also added, and a Hindu, unless
he belonged to the . class against which recent protective legislation
had been passed, would command no influence at all among his
co-religionists. At a later stage he agreed to the appointment of
Indians on the executive councils of the governors of Madras and
Bombay which had been in existence for a long period, though he
objected to the provisions of the bill which allowed such appointments
to be made without requiring the qualification of long service which
applied in the case of European members. On the other hand Lord
Cromer, arguing from his experience in Egypt, supported the appoint-
ment. He described India as in the almost unique position of being
the only important country in the world where education was con-
siderably advanced, but which was governed in all essential particulars
by non-resident foreigners, and he thought it most desirable to asso-
ciate Indians with the administration. Earl Percy, having no doubt
knowledge of the excellent qualifications of Mr (afterwards Sir S. P.
and later Lord) Sinha, went no farther than to press that the appoint-
ment should not be taken as implying that an Indian must always be
appointed, a suggestion which was obviously futile. Outside parlia-
ment there were louder protests, and Lord Minto, whose first desire
had been to obtain an Indian colleague, wrote to King Edward at
this time urging that Indians, if fitted for high office, should not be
debarred by race. 1 Mr Sinha was appointed towards the end of
March, 1909.
The statute fixed the maximum number of nominated and elected
members at sixty for the legislative council of the governor-general,
at fifty in the larger provinces, and at thirty in the case of the Panjab
and Burma. The total membership of existing councils thus rose
from 124 to 331 and the number of elected members from thirty-nine
to 135, with majorities of non-official members (including those who
were nominated) in all councils except that of the governor-general.
Detailed regulations and rules for elections, and the conduct of business
in the legislative councils were to be framed in India, subject to the
sanction of the secretary of state, and the provision that they should
be laid before both houses of parliament. Some of the principles to
be followed in these had already come under discussion, especially
the question of Muhammadan representation. Lord Morley's scheme
of electoral colleges was strongly opposed by Muhammadans who
found it complicated and thought it likely to produce members who
would not really be representative. Religious intolerance was greatly
increased by misunderstanding and misinterpretation of the proposals.
The scheme finally passed gave Muslims a specified number of mem-
bers in a province based on their numerical proportion, varied in
Buchan, op. cit. p. 286, and Lord Morley, op. cit. 11, 299, 301.
1
>
## p. 571 (#611) ############################################
ELECTORAL METHODS
571
a
accordance with their political importance, and provided that these
members should be elected by Muslim voters only, who had certain
qualifications. In other electorates no distinction was made, and it
was hoped (though the hope was not in fact realised) that the electors
in these would exercise their vote with no religious prejudice.
Great elasticity of detail was observed in arranging elections to
represent the other interests. The member for a division was chosen
by a system of secondary election. In the first place the members of
a municipal or district board met and selected a number of delegates
fixed according to the population of the town or district, and all the
delegates thus chosen in a division elected the member. Land-holders'
representatives were elected in some provinces by land-holders paying
a minimum land-revenue, and in others by recognised associations.
Where it was not possible to form an electorate, e. g. in the case of
Indian commerce in some provinces, the interest was represented by
a nominated member. Voting was by secret hallot, and votes were
attested in most cases before the district officer, who also prepared
lists of voters, subject to claims and objections in constituencies where
electoral rolls existed. University members were elected by registered
graduates who could vote personally or by sending votes by post.
There was some difference of opinion as regards the qualifications
of candidates, and especially in connection with the eligibility of men
who had been deported under the regulation of 1818. Lord Morley
wished to give power to the Government of India to declare candidates
disqualified only after they had been elected, but Lord Minto pointed
out that the principles which the political training of years had ren-
dered dear to the people of England were totally unadapted to the
conditions of India. A political prisoner who becomes a member of
parliament in England after his release in no way threatens the safety
of the constitution, while such a person in India might start a blaze.
This opinion prevailed and the regulations gave power to the
governor-general in council to declare that in his opinion a person
was of such reputation and antecedents that his election would be
contrary to the public interest. This disqualification and others due
to dismissal from the public service, certain orders by criminal courts,
and disbarring, could be removed by similar declaration. In most
constituencies a substantial property qualification and the possession
of a residence or place of business within the constituency were
required. The age limit was twenty-five years, and women were
specifically excluded.
Fears had been expressed that officials who had not been accus-
tomed to public speaking might be embarrassed in the crisp informal
debates which were expected to arise out of the permission to put
supplementary questions, as happens in the House of Commons.
These were, therefore, limited by allowing only the member who had
1 Buchan, op. cit. p. 290.
a
## p. 572 (#612) ############################################
572
THE REFORMS OF 1909
asked a question to follow it up. Existing limitations on the powers of
councils to deal with measures affecting the public debt and revenues,
religion or religious rites and usages, military and naval affairs, and
relations with foreign or native states were also imposed on the dis-
cussion of matters of public interest by way of resolution, and a similar
bar was laid on resolutions affecting the internal affairs of native
states, matters still being discussed between the Government of India
and local governments, and matters which were sub judice. There was
also a general power of disallowance on the ground that a resolution
could not be moved consistently with the public interests or that it
should be moved in another place.
An important difference between the budget procedure of England
and India existed at this period. While in England the government
decided on the measures it proposed to undertake in the budget year
and then varied rates of taxation in order to meet the cost of these,
in India taxation was not altered for considerable periods, and the
annual problem was to make the best use of existing sources of
income. Before 1909 estimates prepared for the provinces were sub-
mitted to the Government of India, minutely checked and often
altered, by the finance department, and incorporated in the budget
for the whole country. This was discussed in the imperial council, and
extracts relating to provinces in the provincial councils, but no resolu-
tions could be moved and no votes taken. The division of revenues
and control over various classes of expenditure between imperial and
provincial, which had been subject to periodical changes since the
first devolution in 1870, had now become quasi-permanent, and
in accordance with the recommendations of the Decentralisation
Commission meticulous alterations of the provincial estimates were
reduced. In the provinces a draft budget, after examination by the
Government of India, which fixed the limit of expenditure on new
projects costing more than Rs. 5000 (£350), was discussed by a small
committee of the council, at least half the members of which were
elected, and their views were considered. The draft for the whole of
India was then placed before the imperial council, members of which
could move resolutions affecting proposals for new taxation for grants
to the provinces, or items of imperial (but not provincial) expenditure.
Any changes made were communicated to and a similar procedure was
followed in the provincial councils. While in parliament a proposal
to increase expenditure is moved by a fictitious reduction, it was
provided in India, in order to avoid conventional discussions, that any
such proposal must be accompanied by a motion to reduce an equal
amount of expenditure in some other part of the budget. This device
failed in its object, and was sometimes embarrassing, as the govern-
ment was not informed beforehand whether the increase or the re-
duction was the main object of the mover, and it sometimes involved
a double debate.
## p. 573 (#613) ############################################
CONGRESS CRITICISMS
573
a
No scheme of reform could stop or appreciably slacken the course
of sedition, and a series of outrages occurred throughout 1909. Lord
Morley's instincts were in favour of pacification, and as soon as his
bill was safely through the House of Commons, he warned Lord
Minto that no more suspects could be deported, and later in the year
telegraphed to say that the cabinet was unanimous in wishing for the
release of men already detained. The viceroy, with a keener
apprecia-
tion of the movement, resisted, as he pointed out the real effect of the
reforms was that they had prevented moderate politicians from
joining the minority of extremists whose activities could be repressed
only by other methods.
While the general scheme of the reforms as set out in the bill had
been highly praised by the moderate politicians in India in 1908, the
detailed regulations were the subject of attack a year later in the
congress at Lahore. The separate representation of Muslims and the
scheme of direct voting aroused jealous comments in a body which
chiefly comprised Hindus. In particular, the few cases (not as a rule
repeated in later elections) where Muslims were successful candidates
in constituencies open to all classes were particularly resented, and,
apart from the religious contest, members of the congress were dis-
appointed in not capturing all the seats allotted to representatives of
the district and municipal boards. Complaints were also made that
the non-official majority was nullified by the fact that it included
nominated members. Some of these criticisms were really directed
against the objects of the authors of the scheme, which had been to
secure a more effective representation of important interests than the
act of 1892 had done. Success in this aim was marked, and certainly
quickened the political sense of communities to whom public life had
been an opportunity for personal glorification rather than for civic
responsibility.
1 Lord Morley, op. cit. 11, 308-9.
## p. 574 (#614) ############################################
CHAPTER XXXII
a
POLITICAL MOVEMENTS, 1909-1917
ATTENDANCE at the congress of 1909 in Lahore was much
smaller than usual, for a variety of reasons. The effects of the split in
the movement after the break-up of the meeting at Surat had not
subsided, and the more advanced section of the movement held aloof.
In the minds of the moderate leaders there was disgust at the crimes
which had been perpetrated during the year and some anxiety as to
their effect on future constitutional development. One of the first
measures to be placed before the new legislative council of he
Government of India was an act to control the press. It had been
recommended in a remarkable series of letters written by the rulers
of the Indian states in reply to Lord Minto, and the insufficiency of
the Newspapers Act of 1908 to control the poisonous flood of seditious
publication was abundantly clear from the evidence which had been
accumulated about conspiracies to commit murder and armed rob-
beries. Even in 1908, in a debate on that measure in the House of
Lords, Lord Cromer had admitted that, though he supported in India
the repeal of Lord Lytton's press act of 1878, the experience of twenty-
five years had convinced him that a policy of complete freedom had
not proved successful in either India or Egypt. A newspaper founded
at Allahabad in 1907 had had nine irresponsible editors, four of whom
had been convicted under the ordinary law and sentenced to long
terms for objectionable publications. The main principle of the new
act was supported by Mr Gokhale, who had recently warned students
against the attempts made to corrupt their minds. It was challenged
by only two non-official members, and passed on 9 February without
a division. It provided that the keepers of new presses must deposit
security before they opened them, and that this was liable to forfeiture
if the press was used to produce seditious matter. Forfeiture entailed
cancellation of registration, and, if it were proposed to reopen the
press, the security could be doubled. A second offence might involve
confiscation of the whole press. Similar powers extended over the
publishers of newspapers. Any person against whom an order of
forfeiture was passed might appeal to the High Court to set aside the
order, and the case was to be tried by a special bench of three judges.
This measure checked, though it was too late to stop entirely, the
progress of revolutionary activity, which continued to show itself by
murders and dacoities in Bengal especially. With the passing of the
act the Bengalis who had been interned were released, though one of
· Rowlatt Report, para. 120.
## p. 575 (#615) ############################################
THE DELHI DURBAR
575
.
them was arrested six months later and convicted with a number of
other men of conspiracy, at Dacca and elsewhere, to wage war against
the king.
Between Lord Minto and Lord Morley there was now a divergence
regarding the method of dealing with the situation. In replying to
a suggestion for a general amnesty Lord Minto distinguished such
a measure from the clemency of former oriental rulers who were
autocrats and summary in their measures. He pointed out that the
influence of sentiment and imagination “may bring grateful tears to
the eyes of the effeminate Bengali, or it may shock the spirited tradi-
tions and warlike imagination of more manly races”. 1 It was signi-
ficant that shortly afterwards Mr Montagu in his Indian budget
speech laid stress on the powers of control over the viceroy vested in
the secretary of state, and claimed all the credit of the recent reforms
for Lord Morley and his council. So deeply had seditious teaching
penetrated that the prosecution of the Dacca conspiracy case did not
stop the increase in violent crime. Half a dozen cases occurred round
Dacca in the second half of 1910, and sixteen more during the next
year. In one of the latter the teachers and students of a national school
were implicated, and the school library was found to contain books
dealing with the lives of Tilak and Sivaji, and a garbled history of the
Indian Mutiny.
The list of crimes includes the murders of a witness in the Dacca
case and of several police officers. Bengali influence can also be
traced in Madras, where a revolutionary movement gathered
strength after lectures by a Bengali in 1907, and seditious publications
and conspiracies increased. When a newspaper closed at Madras,
owing to the conviction of the printer and publisher, it was again
issued from Pondichery in French India. The district magistrate of
Tinnevelly was shot dead in June, 1911, by a man who had been in
touch at Pondichery with Indians trained abroad.
The accession of King George V was marked in India by a durbar
at Delhi held by Their Majesties in person in December, 1911.
Loyalty to the throne had not yet been questioned by any section in
India, and the visit confirmed and illustrated its strength. In a
gracious message His Majesty announced that the event of the
coronation would be commemorated by certain marks of especial
favour and consideration, which were later announced by the
governor-general. They were designed to impress the memory of the
occasion on the widest possible circles of the Indian public, from the
rulers of states, who were excused the payment of succession duties,
to the military and civil (subordinate) servants of the government who
1 Buchan, Life of Lord Minto, p. 305.
* Mr Montagu quoted from the Statute of 1833 the powers of the Board of Control,
which were transferred to the secretary of state by the act of 1858. Mill, however, had
described the Board of Control as a deliberative rather than an executive body.