Council of State (India)
Upper house of the legislature in British India
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The Council of State was the upper house of the legislature for British India (the Imperial Legislative Council) created by the Government of India Act 1919 from the old Imperial Legislative Council, implementing the Montagu–Chelmsford Reforms. The Central Legislative Assembly served as the lower house.[1]
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Council of State | |
|---|---|
| Imperial Legislative Council | |
Star of India | |
| Type | |
| Type | |
| History | |
| Founded | December 23, 1919 |
| Disbanded | August 14, 1947 |
| Seats | 60 (34 elected, 26 nominated) |
| Elections | |
| Single transferable vote (restricted franchise) | |
Last election | 1945 Indian general election |
| Motto | |
| Heaven's Light Our Guide | |
| Meeting place | |
 | |
| Metcalfe House (until 1927) Council chamber, Council House, Raisina Hill, New Delhi | |
The Council of State initially met at Metcalfe House before transferring to the Council Chamber within the Parliament House in New Delhi.[2] The Viceroy or Governor-General acted as its ex officio President.[3]
Following the Indian Independence Act 1947, the Council of State was dissolved on 14 August 1947, and its legislative duties were assumed by the Constituent Assembly of India and the Constituent Assembly of Pakistan.
Composition and membership
The Government of India Act 1919 established a bicameral legislature at the centre to progressively expand Indian participation in administration. The Council of State was formulated as the upper house, with members serving a five-year tenure. Unlike the lower house, membership to the Council of State was restricted exclusively to men.[1]
Electorate and franchise
The franchise for the Council of State was heavily restricted, guaranteeing that only the wealthiest, most influential, and loyalist demographics in British India were represented.[4] There was no universal adult suffrage, and women were entirely excluded from both voting and standing for the upper house.[1]
To be eligible to vote for the Council of State, individuals had to meet stringent property, income, or educational criteria:[1]
- Payment of a minimum of ₹3,000 in annual land revenue or income tax.
- Ownership of properties yielding high rental values.
- Recognized previous experience in a provincial or central legislative council.
- Membership in a recognized university senate.
- Holding specific high-level administrative offices in local bodies or possessing certain prestigious government-issued titles.
These steep qualifications limited the electorate to an incredibly narrow elite class. In 1920, the eligible electorate consisted of no more than 17,000 individuals out of British India's entire population of 240 million (24 crores).[5] Furthermore, the allocation of seats was not determined proportionally by population density, but rather by the strategic, military, or commercial "importance" of a given province as determined by the British colonial government.[4]
1919 to 1937
Under the 1919 Act, the total membership of the Council of State was fixed at 60 members. The composition was strictly divided between nominated and elected representatives:[5]
- Nominated members (26): Appointed by the Governor-General. This bloc included 20 official members and 6 non-official members (including one nominated following an election held in Berar Province).
- Elected members (34): Elected from the various provinces of British India using a restricted franchise.
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. Instead, a royal proclamation by King-Emperor George V on 23 December 1919 created the Chamber of Princes to provide a separate forum for the states to debate national questions and communicate with the Government of India.[6]
| Province | General | Muslim | Sikh | Commerce | Total Elected |
|---|---|---|---|---|---|
| Madras | 4 | 1 | 0 | 0 | 5 |
| Bombay | 3 | 2 | 0 | 1 | 6 |
| Bengal | 3 | 2 | 0 | 1 | 6 |
| United Provinces | 3 | 2 | 0 | 0 | 5 |
| Punjab | 1 | 2* | 1 | 0 | 4 |
| Bihar & Orissa | 3* | 1 | 0 | 0 | 4 |
| Burma | 1 | 0 | 0 | 1 | 2 |
| Central Provinces | 1 | 0 | 0 | 0 | 1 |
| Assam | 1 (Alternating)** | 0 | 0 | 1 | |
| Total | 20 | 10 | 1 | 3 | 34 |
* The Muslim seats of Punjab and one General seat of Bihar & Orissa alternated to elect 2 seats for every Council of State term.[5]
** The single elected seat for Assam rotated between the General and Muslim electorates.[5]
1937 to 1947
The Government of India Act 1935 proposed further constitutional reforms, envisioning an All-India Federation that would have dramatically increased the size of the Council of State to 260 members. Under this proposed federal structure, 156 members were to be elected from the provinces of British India, while 104 members were to be nominated by the princely states.[7]
However, the federal provisions of the 1935 Act were never implemented because the required number of princely states refused to join the federation.[8] As a result, the Council of State continued to function under the original 1919 framework until independence, and the princely states continued to take no part in the central legislature, including during the 1945 Indian general election.
Presidents
The Council of State was presided over by a President, who was appointed directly by the Governor-General of India rather than being elected by the members of the house. Below is the list of Presidents who served the upper house during its existence:
| No. | Name | Term of Office | Notes / References |
|---|---|---|---|
| 1 | Sir Alexander Phillips Muddiman | 1921–1924 | First President of the Council of State. |
| 2 | Sir Henry Moncrieff Smith | 1924 | |
| 3 | Sir Montagu Sherard Dawes Butler | 1924–1925 | |
| 4 | Sir Maneckji Byramji Dadabhoy | 1933–1946 (Served consecutive terms: 1933–1936; 1937–1946) |
Longest-serving President of the upper house.[9] |
Members of the First Council of State (1921)
The following is the roster of the members of the First Council of State, convened in 1921, categorized by their method of appointment and provincial representation.[10]
Nominated Members
| Category | Member | Region / Note |
|---|---|---|
| Official | General Lord Rawlinson | Ex-officio / Official representation |
| Berar Representative | G. S. Khaparde | Berar |
| Non-Official | Sir Dinshaw Edulji Wacha | Bombay |
| Non-Official | G. A. Natesan | Madras |
| Non-Official | Sir Leslie Creery Miller | Madras |
| Non-Official | Soshi Kanta Acharya | Mymensingh, Bengal |
| Non-Official | Sir Mohamed Muzamilullah Khan | Bhikampur, United Provinces |
| Non-Official | Sir Amiruddeen Ahmed Khan | Loharu, Punjab |
| Non-Official | Sardar Charanjit Singh | Punjab |
| Non-Official | Harnam Singh | Punjab (Indian Christian) |
| Non-Official | Sir Muhammad Rafique | Delhi |
| Non-Official | Sir Purshotamdas Thakurdas | Bombay (Appointed 1923) |
Elected Members
| Province | Member | Constituency / Electorate |
|---|---|---|
| Assam | Chandradhar Barua | General |
| Bengal | Sir Benode Chandra Mitter | West Bengal (Non-Muhammadan) |
| Sir Deva Prasad Sarvadhikary | West Bengal (Non-Muhammadan) | |
| Raja Pramatha Nath Ray of Dighapatia | East Bengal (Non-Muhammadan) | |
| Haji Chowdhuri Mohammad Ismail Khan | West Bengal (Muslim) | |
| Maulvi Abdul Karim | East Bengal (Muslim) | |
| Bihar & Orissa | Rameshwar Singh of Darbhanga | Non-Muhammadan |
| Keshav Prasad Singh of Dumraon | Non-Muhammadan | |
| Babu Ramashray Prashad Choudhary of Dalsinghsarai | Non-Muhammadan | |
| Saiyid Zahir-ud-din | Muhammadan | |
| Bombay | Lalubhai Samaldas | Non-Muhammadan |
| Vaman Govind Kale | Non-Muhammadan | |
| Pheroze Sethna | Non-Muhammadan | |
| Raghunath Pandurang Karandikar | Non-Muhammadan | |
| Ebrahim Haroon Jaffer | Bombay Presidency (Muhammadan) | |
| Ali Baksh Muhammad Hussain | Sind (Muhammadan) | |
| Ghulam Muhammad Khan Bhurgri | Sind (Muhammadan) | |
| Sir Arthur Froom | Bombay Chamber of Commerce | |
| Burma | Maung Bo Pye | Non-European |
| Sir Edgar Holberton | Commerce | |
| Central Provinces | Maneckji Byramji Dadabhoy | Non-Muhammadan |
| Madras | K. V. Rangaswamy Iyengar | Non-Muhammadan |
| V. S. Srinivasa Sastri | Non-Muhammadan | |
| S. Rm. M. Annamalai Chettiar | Non-Muhammadan | |
| V. Ramabadra Naidu | Non-Muhammadan | |
| Ahmed Tamby Maricair | Muhammadan | |
| Punjab | Lala Ram Saran Das | Non-Muhammadan |
| Sir Malik Umar Hayat Khan | West Punjab (Muhammadan) | |
| Zulfikar Ali Khan | Muhammadan | |
| Jogendra Singh | Sikh | |
| United Provinces | Raja Sir Rampal Singh | UP Central (Non-Muhammadan) |
| Lala Sukhbir Sinha | UP Northern (Non-Muhammadan) | |
| Raja Moti Chand | UP Southern (Non-Muhammadan) | |
| Nawab Muhammad Abdul Majid | UP West (Muhammadan) | |
| Saiyid Raza Ali | UP East (Muhammadan) |
Other Members and Additional Appointments
The following individuals also served in the First Council of State in various capacities during its legislative tenure:
- Manindra Chandra Nandy, Maharaja of Cossimbazar
- Ganganath Jha
- E. M. Cook
- Denys Bray
- H. D. Craik
- B. C. Mitter
- J. A. Richey
- B. N. Sarma
- J. R. Wood
- Sevasila Vedamurti
Members of the Second Council of State (1926)
The following is the roster of the members of the Second Council of State, convened in 1926, categorized by their method of appointment and provincial representation.[11][12]
Nominated Members
| Category | Member | Office / Region |
|---|---|---|
| Official | Field Marshal Sir William Birdwood, 1st Baron Birdwood | Commander-in-Chief |
| Official | Sir Muhammad Habibullah | Member for Education, Health and Lands |
| Official | Satish Ranjan Das | Law Member |
| Official | Major General Sir Robert Charles MacWatt | Director General, Indian Medical Service |
| Official | David Thomas Chadwick | Commerce Secretary |
| Official | Arthur Cecil McWatters | Finance Secretary |
| Official | James Crerar | Home Secretary |
| Official | Arthur Herbert Ley | Secretary for Industries and Labour |
| Official | John Perronet Thompson | Political Secretary |
| Official | James Alexander Richey | Educational Commissioner for the Government of India |
| Official | Sir Clement Hindley | Chief Commissioner, Railways |
| Official | Thomas Emerson | Bengal |
| Official | Kiran Chandra De | Bengal |
| Official | John Austen Hubback | Bihar and Orissa |
| Official | D. Weston | Bihar and Orissa |
| Official | Evelyn Robins Abbott | Delhi |
| Official | Sir Charles George Todhunter | Madras |
| Official | H. A. B. Vernon | Madras |
| Official | Dewan Tek Chand | Punjab |
| Official | A. Latifi | Punjab |
| Official | Pandit Shyam Bihari Misra | United Provinces |
| Official | John Ernest Buttery Hotson | Bombay |
| Official | G. W. Hatch | Bombay |
| Non-Official | Keshav Chandra Roy | Bengal |
| Non-Official | Sir Bijoy Chand Mahtab | Bengal |
| Non-Official | Prince Afsar-ul-Mulk Mirza Muhammad Akram Hussain | Bengal |
| Non-Official | Sir Dinshaw Edulji Wacha | Bombay |
| Non-Official | Raja Sir Harnam Singh | Punjab (Indian Christian) |
| Non-Official | Sardar Charanjit Singh | Punjab |
| Non-Official | Sir Malik Umar Hayat Khan | Punjab |
| Non-Official | Raja Nawab Ali Khan | United Provinces |
| Non-Official | Raja Ramakrishna Ranga Rao of Bobbili | Madras |
| Non-Official | G. A. Natesan | Madras |
| Non-Official | Major Nawab Mahomed Akbar Khan | North-West Frontier Province |
| Non-Official | Maneckji Byramji Dadabhoy | Central Provinces |
| Non-Official | G. S. Khaparde | Berar |
Elected Members
| Province | Member | Constituency / Electorate |
|---|---|---|
| Assam | Khan Bahadur Ghulam Mustafa Chaudhury | Muhammadan (Founding member of the All India Muslim League and active participant in the Khilafat Movement) |
| Bengal | Lokenath Mukherjee | West Bengal (Non-Muhammadan) |
| Rai Bahadur Nalini Nath Seth | West Bengal (Non-Muhammadan) | |
| Mahmood Suhrawardy | West Bengal (Muhammadan) | |
| Maulvi Abdul Karim | East Bengal (Muhammadan) | |
| John William Anderson Bell | Bengal Chamber of Commerce | |
| G. C. Godfrey | Bengal Chamber of Commerce | |
| Bihar & Orissa | Rameshwar Singh | Non-Muhammadan |
| Anugrah Narayan Sinha | Non-Muhammadan | |
| Babu Ramashray Prasad Choudhary | Non-Muhammadan | |
| Shah Muhammad Zubair | Muhammadan | |
| Bombay | Sir Pheroze Sethna | Non-Muhammadan |
| Ratansi D. Morarji | Non-Muhammadan | |
| Manmohandas Ramji Vora | Non-Muhammadan | |
| Ebrahim Haroon Jaffer | Muhammadan | |
| Mian Ali Baksh Muhammad Hussain | Sind (Muhammadan) | |
| Sir Arthur Froom | Bombay Chamber of Commerce | |
| Burma | Pundi Chetlur Desika Chari | General |
| Sir Edgar Holberton | Burma Chamber of Commerce | |
| W. A. Gray | Burma Chamber of Commerce | |
| Central Provinces | Seth Govind Das | General |
| Madras | Saiyed Mohamad Padshah Sahib Bahadur | Muhammadan |
| Dr. U. Rama Rao | Non-Muhammadan (Swaraj Party)[12] | |
| V. Ramadas Pantulu | Non-Muhammadan | |
| Sir C. Sankaran Nair | Non-Muhammadan[12] | |
| S. Rm. M. Annamalai Chettiar | Non-Muhammadan | |
| Punjab | Lala Ram Saran Das | Punjab (Non-Muhammadan) |
| Nawab Sahibzada Sayad Mohammad Mehr Shah | East and West Punjab (Muhammadan) | |
| Sardar Shivdev Singh Uberoi | Punjab (Sikh) | |
| United Provinces | Munshi Narayan Prasad Asthana | UP Northern (Non-Muhammadan) |
| Raja Moti Chand | UP Southern (Non-Muhammadan) | |
| Prakash Narain Sapru | UP Southern (Non-Muhammadan) | |
| Raja Sir Rampal Singh | UP Central (Non-Muhammadan) | |
| Saiyid Alay Nabi | UP West (Muhammadan) | |
| Maharaja Sir Muhammad Ali Muhammad Khan | UP East (Muhammadan) | |
| Nawab Sir Muhammad Muzammil-ullah Khan | UP West (Muhammadan) | |
| Sukhbir Sinha | General |
Other Members and Additional Appointments
The following individuals also served in the Second Council of State in various capacities during its legislative tenure:
- Madhav Shrihari Aney
- Hussain Imam
- Syed Muhammad Padshah
- Raja Yuvaraj Dutta Singh
- Srinarain Mehta
Members of the Third Council of State (1930–1936)
The following is the roster of the members of the Third Council of State, convened following the 1930 elections, categorized by their method of appointment and provincial representation.[13][14]
Nominated Members
| Category | Member | Office / Region |
|---|---|---|
| Official | A de C. Williams | Government of India |
| Official | Sir Guthrie Russell | Government of India |
| Official | T. M. Dow | Bengal |
| Official | E. F. Thomas | Madras |
| Official | Gurusaday Dutt | Bengal |
| Non-Official | G. S. Khaparde | Berar |
| Non-Official | Khwaja Habibullah | Bengal |
| Non-Official | Maharaja Jagadish Nath Ray | Bengal |
| Non-Official | Pandit Gokaran Nath Agra | United Provinces |
| Non-Official | Shaikh Magbul Husain | United Provinces |
| Non-Official | Raja Charanjit Singh | Punjab |
| Non-Official | Nawab Malik Mohammad Hayat Khan Noon | Punjab |
| Non-Official | Major Nawab Sir Mahomed Akbar Khan | North-West Frontier Province |
| Non-Official | Maharaja Kameshwar Singh | Darbhanga, Bihar |
| Non-Official | Khan Bahadur Shams-ud-din Haidar | Bihar |
| Non-Official | Sir Nasarvanji Choksy | Bombay |
| Non-Official | Sir Josna Ghosal | Bombay |
Elected Members
| Province | Member | Constituency / Electorate |
|---|---|---|
| Assam | Khan Bahadur Ghulam Mustafa Chaudhury | Muhammadan (Founding member of the All India Muslim League) |
| Bengal | Jagadish Chandra Banerjee | East Bengal (Non-Muhammadan) |
| Nripendra Narayan Sinha | West Bengal (Non-Muhammadan) | |
| Satyendra Chandra Ghose Maulik | West Bengal (Non-Muhammadan) | |
| Mahmood Suhrawardy | West Bengal (Muhammadan) | |
| Syed Abdul Hafeez | East Bengal (Muhammadan) | |
| George Campbell | Bengal Chamber of Commerce | |
| Bihar & Orissa | Babu Ramashray Prashad Choudhary | Dalsinghsarai (Non-Muhammadan) |
| Hussain Imam | Muhammadan | |
| Bombay | Sardar Shri Jagannath Maharaj Pandit | Non-Muhammadan |
| Shantidas Askuran | Non-Muhammadan | |
| Sir Pheroze Sethna | Non-Muhammadan | |
| Sir Suleman Cassum Haji Mitha | Muhammadan | |
| Ali Baksh Muhammad Hussain | Sind (Muhammadan) | |
| R. H. Parker | Bombay Chamber of Commerce | |
| Burma | J. B. Glass | Burma Chamber of Commerce |
| Central Provinces | V. V. Kalikar | General |
| Raja Laxmanrao Bhonsle | General | |
| Madras | S. Rm. M. Annamalai Chettiar | Non-Muhammadan |
| Yarlagadda Ranganayakulu Naidu | Non-Muhammadan | |
| V. C. Vellingiri Gounder | Non-Muhammadan | |
| G. N. Chetty | Non-Muhammadan | |
| Syed Muhammad Padshah Saheb Bahadur | Muhammadan | |
| Punjab | Lala Ram Saran Das | Non-Muhammadan |
| Sardar Buta Singh | Sikh | |
| Chaudhri Muhammad Din | East Punjab (Muhammadan) | |
| United Provinces | Lala Mathura Prasad Mehrotra | UP Central (Non-Muhammadan) |
| Lala Jagdish Prasad | UP Northern (Non-Muhammadan) | |
| Prakash Narain Sapru | UP Southern (Non-Muhammadan) | |
| Hafiz Muhammad Halim | UP West (Muhammadan) | |
| Shaikh Mushir Hosain Kidwai | UP East (Muhammadan) |
Members of the Fourth Council of State
The following is the roster of the members of the Fourth Council of State, which operated through the late 1930s and World War II, categorized by their method of appointment and provincial representation.[15][16]
Nominated Members
| Category | Member | Office / Region |
|---|---|---|
| Official | General Sir Claude Auchinleck | Government of India |
| Official | Sir Mohammad Usman | Government of India |
| Official | Jogendra Singh | Government of India |
| Official | Feroz Khan Noon | Government of India |
| Official | Sir Satyendranath Roy | Government of India |
| Official | C. E. Jones | Government of India |
| Official | E. Conran-Smith | Government of India |
| Official | G. S. Bozman | Government of India |
| Official | Shavax A. Lal | Government of India |
| Official | A de C. Williams | Government of India |
| Official | N. R. Pillai | Government of India |
| Official | Ernest Wood | Government of India |
| Official | B. R. Sen | Government of India |
| Non-Official | Sir David Devadoss | Madras |
| Non-Official | K. Ramunni Menon | Madras |
| Non-Official | Sir Josna Ghosal | Bengal |
| Non-Official | Sir Maneckji Dadabhoy | Bombay |
| Non-Official | Raja Charanjit Singh | Punjab |
| Non-Official | Shamsuddin Haidar | Bihar |
| Non-Official | Brijlal Nandlal Biyani | Berar |
| Non-Official | A. P. Patro | Central |
| Non-Official | Rahimtoola Chinoy | Central |
| Non-Official | Satyendra Kumar Das | Central |
| Non-Official | Sir Satya Charan Mukherjee | Central |
| Non-Official | Sir Mohammad Yakub | Central |
| Non-Official | Sardar Nihal Singh | Central |
| Non-Official | Khurshid Ali Khan | Central |
| Non-Official | Lt. Col. Sir S. Hissam-ud-din Bahadur | Central |
| Non-Official | Sobha Singh | Central |
| Non-Official | Sri Narain Mehta | Central |
| Non-Official | Mohendra Lal Das | Central |
Elected Members
| Province | Member | Constituency / Electorate |
|---|---|---|
| Assam | Khan Bahadur Ghulam Mustafa Chaudhury | Muhammadan (Founding member of the All India Muslim League) |
| Bengal | Kumarsankar Ray Chaudhury | East Bengal (Non-Muhammadan) |
| Kumar Nripendra Narayan Sinha | West Bengal (Non-Muhammadan) | |
| Susil Kumar Roy Chowdhury | West Bengal (Non-Muhammadan) | |
| Bihar | Maharaja Kameshwar Singh | Darbhanga (Non-Muhammadan) |
| Babu Ramashray Prashad Choudhary | Dalsinghsarai (Non-Muhammadan) | |
| Hussain Imam | Muhammadan | |
| Bombay | Shantidas Askuran | Non-Muhammadan |
| Govindalal Shivlal Motilal | Non-Muhammadan | |
| Maneckji Nadirshaw Dalal | Non-Muhammadan | |
| Sir Suleman Cassum Haji Mitha | Muhammadan | |
| R. H. Parker | Bombay Chamber of Commerce | |
| Central Provinces | V. V. Kalikar | General |
| Madras | Rao Bahadur K. Govindachari | Non-Muhammadan |
| M. Ct. M. Chidambaram Chettyar | Non-Muhammadan | |
| Narayandas Girdhardas | Non-Muhammadan | |
| V. Ramadas Pantulu | Non-Muhammadan | |
| Saiyad Mohamed Sahib Bahadur | Muhammadan | |
| Orissa | Nikunja Kishore Das | Non-Muhammadan |
| Punjab | Lala Ram Saran Das | Non-Muhammadan |
| Chaudhri Ataullah Khan Tarar | East & West Punjab (Muhammadan) | |
| Sardar Buta Singh | Sikh | |
| Sind | Ali Buksh Mohammad Hussain | Muhammadan |
| United Provinces | H. N. Kunzru | UP Northern (Non-Muhammadan) |
| Prakash Narain Sapru | UP Southern (Non-Muhammadan) | |
| Haji Syed Mohamed Husain | UP West (Muhammadan) | |
| Chaudhri Niamatullah | UP East (Muhammadan) |