The Indian Councils Act 1909: the Morley-Minto Reforms

In one line

Eight sections and two schedules, and the one that matters says that the members of the legislative councils shall include members nominated and also members elected.

In the wording a student can write in an exam: the Indian Councils Act 1909, known as the Morley-Minto reforms, provided by section 1 that the additional members of the legislative councils of the Governor-General, of the Governors of Madras and Bombay and of the Lieutenant-Governors, instead of being all nominated, should include members nominated and also members elected in accordance with regulations made under the Act, the aggregate number not exceeding the numbers in the First Schedule; enlarged the executive councils; permitted the creation of an executive council for a Lieutenant-Governor's province by proclamation; provided for a Vice-President of each council; required rules authorising the discussion of the annual financial statement and of any matter of general public interest and the asking of questions; and empowered the Governor-General in Council, with the Secretary of State's approval, to make regulations as to nomination, election and qualifications.

Section 1: the elective principle

Section 1(1): the additional members of the councils for the purpose of making laws and regulations of the Governor-General and of the Governors of Madras and Bombay, and the members of the legislative councils of the several Lieutenant-Governors, instead of being all nominated in the manner provided by the Indian Councils Acts 1861 and 1892, shall include members so nominated and also members elected in accordance with regulations made under this Act; and references in those Acts to nominated members and their nomination are to be construed as including references to elected members and their election.

That is the sentence that changes the character of Indian legislatures, and three observations should follow it.

"Instead of being all nominated" tells you exactly what the change is. Under the Acts of 1861 and 1892 every member was nominated, in some cases on a recommendation. From 1909 some are elected.

"In accordance with regulations made under this Act" tells you where the detail is. The Act does not say who may vote, in what constituencies, or with what qualifications. All of that is in the regulations made under section 6, and that placement is the most criticised feature of the reform.

Section 1(2) provides that the number of members nominated and elected, the quorum, the term of office and the manner of filling casual vacancies shall be as prescribed by the regulations, provided that the aggregate number shall not exceed the number specified in the second column of the First Schedule for each council.

So the Act fixes ceilings and leaves everything else to regulations.