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Council of State (India)

Legislature house in British India

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As a result of Indian independence, the Council of State was dissolved on 14 August 1947 and its place taken by the Constituent Assembly of India and the Constituent Assembly of Pakistan.

The Council of State used to meet at the Metcalfe House. The Viceroy or Governor-General was its ex officio President.

Composition

1919 to 1937

The Council of States was created by the Government of India Act 1919. As per this Act, the Council was to have 60 members. The composition was as follows:

  • Members nominated by the Governor-General (26)
    • Officials (20)
    • Non-officials (6), one of whom was nominated as the result of an election held in Berar.
  • Elected members (34) from the provinces of British India:
    • General (20): Madras (4), Bombay (3), Bengal (3), United Provinces (3), Punjab (1), Bihar & Orissa (3), Central Provinces (1), Burma (1), Assam (1)
    • Muslim (10): Madras (1), Bombay (2), Bengal (2), United Provinces (2), Punjab (2), Bihar & Orissa (1)
    • Chamber of Commerce (3): Bombay, Bengal, Burma
    • Sikh (1)

The province-wise composition was as follows:

  • Madras (5): General (4), Muslim (1)
  • Bombay (6): General (3), Muslim (2) (Bombay, Sind), Bombay Chamber of Commerce (1)
  • Bengal (6): General (3) (East Bengal, West Bengal (2)), Muslim (2) (East Bengal, West Bengal), Bengal Chamber of Commerce (1)
  • United Provinces (5): General (3) (Central, Northern, Southern), Muslim (2) (West, East)
  • Punjab (4): General (1), Muslim (2) (East, West), Sikh (1)
  • Bihar & Orissa (4): General (3), Muslim (1)
  • Central Provinces (1): General
  • Burma (2): General (1), Burma Chamber of Commerce (1)
  • Assam (1): General in rotation with Muslim

The Muslim seats of Punjab together with one General seat of Bihar and Orissa alternated to elect 2 seats for every Council of State.

The members had a tenure of 5 years. There were no women members.

The elected members were voted from an electorate consisting of persons who fulfilled either condition

  • Paid a certain sum as annual income tax or annual land revenue
  • Member of the Senate of any University
  • Experience in any Legislative Council in India or
  • Title-holder

This electorate consisted of not more than 17,000 of entire population of 24 crores (240,000,000) in 1920.

Like the Legislative Assembly, the Council of State had no members elected to represent the princely states, as they were not part of British India. On 23 December 1919, when King-Emperor George V gave royal assent to the Government of India Act 1919, he also made a proclamation which created the Chamber of Princes, to provide a forum for the states to use to debate national questions and make their collective views known to the Government of India.

1937 to 1947

The Government of India Act 1935 introduced further reforms. The size of the Council of State was to be increased to 260 members, 156 from the provinces and 104 from the princely states. However, the first election to the federal legislature after that of 1934 was the 1945 Indian general election, in which the princely states continued to take no part.

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