CHAPTER-I Introduction The advent of British rule in India ushered in the modernization of the Indian political, economic and social institutions. One among the new institutions introduced by them was the establishment of legislatures for making laws. The British had a long tradition of constitutional development starting with the Magna Carta in 1215A.D. whereas the Indians had no such tradition. The British therefore introduced the constitutional form of government in India gradually and cautiously keeping in mind the imperial interests. In a conquered country like India the question of free legislature did not arise. Therefore, the Charter Act of 1833 that marked the first step towards the development of legislatures, provided for the establishment of 'good government' where a free government was not possible. This was done by the inclusion of an additional Law Member to the executive council of the Governor General. It marked the beginning of a process that led finally to the establishment of a separate and distinct legislature in 1861. In 1858 the rule of the East India trading company was replaced by that of the British Crown and consequently the British Parliament. In 1861, Legislative Councils were established in India both at the central and provincial level to frame laws, also making space for a few Indian members in these councils. This ended the European monopoly in the Indian administration and marked the beginning of the process that led to India's independence. However, this Indianisation was done step by step. Various classes and sections of the Indian society were given representation in these Councils gradually. Similarly, their powers were also increased steadily. Although the Indians were always in minority and worked under many restrictions, it gave them an opportunity of getting experience in legislative matters and deliberations. How did this process take place? What was the role of the Indians in these early councils? What was their response to these legislative institutions? What motivated them to join the councils? Whose welfare or whose benefit was exhibited in their actions? Were they conscious about their duty towards their countrymen? Did they understand the responsibility that befell upon them? What was their stand in case of a crucial matter? Did the national movement affect their opinions in any way? Were they the representatives of the people in the real sense? All these questions can be studied with reference to Gopal Krishna Gokhale's career in the council. Gokhale was the most prominent member of the legislative councils during the first phase of legislative development up to 1919. He spent about fifteen years in putting forth the hidian view before the British government. A study of his council work throws light on the development of democratization of administration in India. Many of the views expressed by him are pertinent even today. The present work therefore attempts to study the role of Gopal Krishna Gokhale as a legislator. Legislative development between 1861-1919 The legislative history of British India from 1858 onwards has been broadly divided into two phases - (1) the first between 1861-1919 which saw the growth of representative form of government under which Indians were given representation (to a limited extent) in the councils in order to establish a contact between the rulers and the ruled (2) between 1919-1940 when advancement was made towards a responsible form of government which provided for two things: the increasing association of Indians in every branch of administration and the gradual development of self governing institutions. The crisis of 1857 had created a strong feeling towards making major constitutional changes in India especially in the direction of establishing closer contacts with the Indian public opinion. British officials like Sir Bartle Frere (member of the Governor General's Council) were suggesting the inclusion into the legislatures of some respectable Indian non- official element capable of providing aid 'by looking at the question from a Native point of view.'' Similarly the Indian political associations in Calcutta, Madras and Bombay were also making demands in the same direction. None of them, however, suggested direct election like that made by Gopal Hari Deshmukh, who made the first articulate demand for a representative government in 1848 in a letter (No. 25) to the Prabhakar. ^ It was against this background that the hidian Councils Act of 1861 authorized the Governor-General to nominate for the purpose of legislation, additional members, not less than six and not more than twelve in number, half of them being non-officials including both Europeans and Indians. They were to be nominated for a term of two years. The functions of the Supreme Legislative Council so created, were strictly limited to legislation, having no control over the administration or the finance. Similarly, in Madras and Bombay the number of additional members was fixed at a minimum of four and a maximum of eight. Between 1862 and 1892, forty-five Indians were nominated in the Imperial legislatures, most among who belonged to the princely and the zamindar class. These nominations were in the form of rewards for assisting the British in the sepoy mutiny. Most of these members with some exceptions like Dinkar Rao Raghunath, Maharaja of Vizianagaram, Syed Ahmed Khan, did not actively participate in the proceedings either due to indifference, or lack of knowledge of English language or due to blind support to the British Government. The more active part was taken by those who did not belong to the landed aristocracy like Kristodas Pal, V. N. Mandalik, K. L. Nulkar, Syed Ameer Ali and so on. However, the rising group of educated Indians had too little a scope in this deliberative body and the Indian National Congress in its very first session of 1885 demanded the expansion and reform of the supreme and the local legislative Councils on elective principles, with right to discuss the budget and ask questions. In response to these persistent Indian demands, the Indian Councils Act of 1892 was passed. The Act dealt exclusively with the powers, functions and composition of the Legislative Councils in India. In the Imperial Council, the Act fixed the number of additional members to the minimum of ten and a maximum of sixteen. They were now entitled to express their views upon the financial statement though they could not move resolutions or vote on any financial question. They were also empowered to put questions within certain limits to the Government on matters of public interest after giving a six-day notice. The significant feature of the Act was the principle of election that it introduced, although indirectly for the word 'election' was carefully avoided in it. The hnperial Legislature was to have elected non-officials whose number was to be five and who were to be recommended one each by the majority of the non-official members of the four Provincial Legislatures of Madras, Bombay, Bengal and North Western Provinces and one by the Calcutta Chamber of Commerce. Since the recommendation was invariably accepted, the procedure amounted to indirect election. The other five non-officials were nominated by the Governor-General, hi the case of Provincial Legislatures, the bodies permitted to elect members were Municipalities, District Boards, Universities and the Chambers of Commerce. But here too the method of election was veiled. The members were first elected and recommended by these bodies and then nominated by the Governor. The Act of 1892 therefore widened the functions of the legislatures thereby attracting country's best talents. Several important Congress leaders became the members of the Supreme Council - like G. M. Chitnavis, Pherozeshah Mehta, P. Anand Charlu, B. K. Bose, Sri Ram and G. K. Gokhale. This period saw the dominance of the Indian educated class where as the representation of the Old Princely Order lessened. Similarly, it was the legal practitioners who dominated the elected sections whereas the landed class and the Muslims found themselves virtually excluded. The next step towards a further advance in the representative form of government in British India was the Indian Councils Act, 1909. The eariier Act failed to satisfy the Congress and the first decade of the 20'*' century was a period of marked unrest and political agitation. Hence, in order to conciliate the Indian public opinion, reforms were considered essential. Under this Act, the number of 'additional members' in the Viceroy's Council was raised to a maximum of sixty. The Legislature was thus to consist of 69 members of whom 37 were to be officials and the remaining 32 non-officials. Of the officials, 9 were to be ex- officio members, namely, the Governor-General, seven ordinary members and one extraordinary member, while the remaining 28 were to be nominated by the Governor- General. Of the 32 non-officials, 5 were to be nominated by the Governor- Genera] and the remaining 27 were to be elected. However, it was not the territorial representation but representation of classes, communities and interests that determined the election method. Thus, of the 27 elected members 13 were to come from the General Electorates, consisting of the non-official members of the legislatures of Bombay, Madras, Bengal and United Provinces (U.P) each of which would send 2 members (i.e. 8) and the non-official members of the legislatures of the Central Provinces (C.P), Assam, Bihar and Orissa, the Punjab and Burma, each of which would send one member (i.e.5). Of the remaining 14, twelve were to come from Class Electorates; six of them coming each from the Landholders' constituencies in the six provinces of Bombay, Madras, Bengal, Bihar and Orissa, U.P and C.P and six being returned by the separate Muslim constituencies - one each from Madras, Bombay, U.P and Bihar and Orissa (i.e.