Folklaw | The jewel in the crown
Andrew Lugger looks back at the law 'that changed the governance of India
'The Jewel in the Crown' is a phrase often used to describe India's pride of place in the British Empire. Britannia's rule in the Indian subcontinent started with the son of a country lawyer, Robert Clive, who in June 1757 won a victory at Plassey near Calcutta that paved the way for a coterie of British traders to make a fortune in Bengal '“ described by Clive as 'an inexhaustible fund of riches'. Of greater significance was Nawab of Bengal's surrender of his dominions after the Battle of Plassey '“ as this resulted in the British East India Company assuming direct control of India. But, by the 1850s the Company had ceased to trade (now merely the instrument through which Westminster governed India) and its 100 year reign finally ended when the British Raj was established after The Indian Rebellion 1857-58 (more accurately the Sepoy Mutiny) '“ sovereignty of the subcontinent was thenceforth transferred to Queen Victoria.
India 'in trust'
New legislation was introduced immediately after the Indian Rebellion to change the country's legal ownership. Before the Governance of India Act 1858, the territories in the possession or under the government of the East India Company were 'in trust for Her Majesty, until Parliament should otherwise provide'¦' (16 & 17 Vict. c.95). In essence, British India was owned and under the administration of the Company but held in trust for the Crown.
Section 2 of the 1858 Act effectively terminated the subsisting trust and vested in the Crown all of the Company's legal interest: 'India shall be governed by and in the Name of Her Majesty, and all Rights in relation to any Territories which might have been exercised by the said Company if this Act had not been passed shall and may be exercised by and in the Name of Her Majesty'¦' A Council of India was immediately established and the directors of the Company were permitted under section 8 of the Act to appoint seven people to be the first members of the council. ?The council had specified duties pursuant to section 19 in relation to the government of India.
Viceroy to Independence
The Governor General, appointed under the 1858 Act, was later given the extra title of Viceroy '“ representative of the monarch. Queen Victoria had become a virtual recluse after the death of the Prince Consort but Disraeli understood her well and by presenting her with the title Empress of India in 1877 she was drawn out of mourning and back into society, though the bill conferring the title was strongly opposed in parliament. The titles and accolades created a bond and what followed was a warm relationship with India. The Queen Empress became besotted with all things Indian: Her Majesty employed an Indian accountant who gave her lessons in Hindi and she was never parted from one Indian servant '“ the Munshi who was even permitted to read papers of state and introduced the Queen to curry. Back in the subcontinent, each Viceroy endeavoured to make social improvements during the tenure of his office. For example, Lord Curzon restored the Taj Mahal and other ancient monuments, built the country's roads and railways, stopped peasant farmers losing their farms to loan sharks and personally helped relief operations during India's worst famine.
However, cracks in the British Indian Empire began to appear after the death of the Queen and lead up to the first world war, with calls from some quarters for home rule which was strengthened by a speech in the House of Commons in 1917 by Edwin Montagu (Secretary of State for India): 'The policy of Her Majesty's government is the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in India as part of the Empire'.
The Statute of Westminster (22 Geo.5. Ch4) was passed on 11 December 1931. It defined the legal status of dominion (section 1) and established 'legislative equality' for the self-governing dominions therein stated. India was not included and as a result of which British-Indian relations worsened. Had the Balfour Declaration five-years earlier promulgated dominion status for India, perhaps Gandhi would not have unleashed the civil disobedience movement.
The following Government of India Act 1935 did little to fortify the precarious situation. On the contrary, it fanned the flames of nationalism that eventually made a bankrupt war torn Britain concede the Indian Independence Act 1947 (10 & 11 Geo 6 c.30). Independence Day was 15 August 1947 as stated by section 1 of the Act, which partitioned the British Indian Empire along religious lines into the Dominion of India and Pakistan.
Indian independence spelt the end of the British Empire.Without the King Emperor there was no Empire and the 1960s saw the rest of Great Britain's imperial possessions ebb away, culminating with the hand back of Hong Kong in 1997.
Victoria had ruled over the greatest empire the world had ever seen and what started out to be a source of trade from the Subcontinent became an essential supply ?of courageous fighters for both world ?wars (one million men in the first and two ?million in 1939-45). India was not so much a ?jewel in the crown rather a weapon in ?the armoury.