Ilbert Bill is named after Courtenay Peregrine Ilbert, who was appointed as legal adviser to the Council of India. The bill was introduced in 1883 by Viceroy Ripon, who actually desired to abolish the racial prejudice from the Indian Penal Code. Ripon had proposed an amendment for existing laws in the country and to allow Indian judges and magistrates the jurisdiction to try British offenders in criminal cases at the District level. It was never allowed before. So naturally, the Europeans living in India looked it as a Humiliation and the introduction of the bill led to intense opposition in Britain as well as India (by the British residents). So it was withdrawn but was reintroduced and enacted in 1884 in a severely compromised state. The amended bill had the provisions that the Europeans would be conferred on European and Indian District Magistrates and Sessions Judges alike. However, a defendant would in all cases have the right to claim trial by a jury of which at least half the members must be European. Thus, this enactment held that Europeans criminals would be heard only by the Indian Judges “helped by the European Judges”. The passage of this bill opened the eyes of the Indians and deepened antagonism between the British and Indians. The result was wider nationalism and establishment of Indian National Congress in the next year. The amended Ilbert Bill was passed on 25 January 1884, as the Criminal Procedure Code Amendment Act 1884. It came into force on May 1, 1884.
http://www.gktoday.in/ilbert-bill-1884/
The civil services act of 1861 opened the doors for Indians to enter the coveted ranks of the British empire. By 1880 the native Indians occupied numerous posts of District Magistrates and Session judges. European offenders too were tried under law and in courts that housed native Indian magistrates. As it is recorded in our annals of history and the inherent nature of Europeans of being the superior race and Indian being an inferior one to be ruled upon and not to be ruled by,thus created unrest among European community(merchants, industrialists and those in power). There was a tremendous pressure by these racially charged faction to exempt them from jurisdiction of the native jurists and magistrates and be tried only by an European judge. This ensued in amendment of the criminal procedure code in 1872, which stated that the native magistrates in district courts would not have magisterial jurisdiction over the Europeans involved in the criminal cases their districts. This exemption was however inapplicable for the native magistrates of Calcutta. Viceroy Rippon was not disposed to recognise such a racial discrimination, he wanted an egalitarian and unbiased judiciary which set all the magistrates and judges in same legal footing. He advocated that all Indian subjects be benefited from such prestigious institutions that Britain offered. Sir CP Ilbert(the Law Member of the Central Legislative Council in 1883) took cognizance of this inequality and acted to appease the restive European faction and provide a pseudo consolation to native Indians. The liberal Prime Minister William Ewart Gladstone (1880-85) attested to the idea of Rippon.
Jute bailers, tea and indigo planters, mineral and railway investors, shipping and inland waterways the giants of capitalism unified under various Chambers of Commerce in Calcutta, Bombay and Madras resisited to the teeth on such a law. The proposed bill in addition to being politically deleterious but was economically not conducive ; The equality in the eyes of law (tried by a indigenous magistrate) would undermine the imperial authority and the very foundation of the British Empire in India, The British industries, plantations and other businesses were greatly dependent on the exploitation of local laborers as virtual slaves. Systematic torture of the laboring indigenous was a regular phenomenon publicly admitted by Ilbert on course of introduction of the Bill. He argued albeit such acts of crime committed by the Europeans on the natives, the aggrieved/victims(mostly native laborers) would be prohibited to seek justice equal grounds. The native judges embargoed from trials which included Europeans whilst European magistrates seldom took cognizance of the cases involving native victims.
The European apathy towards the indigenous and its fiery reaction on such an abomination as the bill was the key concern of the Indian Intelligentsia which led to convening of the first Indian National Conference in the winter of 1883 in Calcutta. The delegates called for a nation wide agitation against the European business class and its Bureaucrats. But history repeats ; the failure of 1857 largely attributed to mis-management in organization of the rebellion, here too the Indian movement found itself weakened lacking in organization. Rippon gave way-the bill was amended and law enacted.
The law states that the native magistrates would be vested with powers to try criminal suits against the European offenders in their jurisdictional districts, but with a rider that European offenders were to be tried by the native judges in council with a jury that included at least Half of its members were to be drawn from the European community. But this jury system was exempted in case of European magistrates. This act by Rippon administration institutionalized racial discrimination in judiciary. The native judges though intellectually equal to their European counterparts found themselves under-mined and under appreciated with only their cases tried with a European jury in which case their judgement was questioned in addition to be vetoed. Thus was the controversy surrounding Illbert Bill of 1883. The original copy of the law is given under :
Sources: Law ministry of India archives
History of Modern India
Indias Struggle for independence
Lord Ripon was a staunch Liberal democrat with faith in self government. He was appointed as the Viceroy of India by Gladstone, the Liberal Party Prime Minister of England. Ripon was instructed to reverse the Afghan policy of Lytton. Therefore, as soon as he came to India, peace was made with Afghanistan without affecting the British prestige.
http://www.gktoday.in/ilbert-bill-1884/
The civil services act of 1861 opened the doors for Indians to enter the coveted ranks of the British empire. By 1880 the native Indians occupied numerous posts of District Magistrates and Session judges. European offenders too were tried under law and in courts that housed native Indian magistrates. As it is recorded in our annals of history and the inherent nature of Europeans of being the superior race and Indian being an inferior one to be ruled upon and not to be ruled by,thus created unrest among European community(merchants, industrialists and those in power). There was a tremendous pressure by these racially charged faction to exempt them from jurisdiction of the native jurists and magistrates and be tried only by an European judge. This ensued in amendment of the criminal procedure code in 1872, which stated that the native magistrates in district courts would not have magisterial jurisdiction over the Europeans involved in the criminal cases their districts. This exemption was however inapplicable for the native magistrates of Calcutta. Viceroy Rippon was not disposed to recognise such a racial discrimination, he wanted an egalitarian and unbiased judiciary which set all the magistrates and judges in same legal footing. He advocated that all Indian subjects be benefited from such prestigious institutions that Britain offered. Sir CP Ilbert(the Law Member of the Central Legislative Council in 1883) took cognizance of this inequality and acted to appease the restive European faction and provide a pseudo consolation to native Indians. The liberal Prime Minister William Ewart Gladstone (1880-85) attested to the idea of Rippon.
Jute bailers, tea and indigo planters, mineral and railway investors, shipping and inland waterways the giants of capitalism unified under various Chambers of Commerce in Calcutta, Bombay and Madras resisited to the teeth on such a law. The proposed bill in addition to being politically deleterious but was economically not conducive ; The equality in the eyes of law (tried by a indigenous magistrate) would undermine the imperial authority and the very foundation of the British Empire in India, The British industries, plantations and other businesses were greatly dependent on the exploitation of local laborers as virtual slaves. Systematic torture of the laboring indigenous was a regular phenomenon publicly admitted by Ilbert on course of introduction of the Bill. He argued albeit such acts of crime committed by the Europeans on the natives, the aggrieved/victims(mostly native laborers) would be prohibited to seek justice equal grounds. The native judges embargoed from trials which included Europeans whilst European magistrates seldom took cognizance of the cases involving native victims.
The European apathy towards the indigenous and its fiery reaction on such an abomination as the bill was the key concern of the Indian Intelligentsia which led to convening of the first Indian National Conference in the winter of 1883 in Calcutta. The delegates called for a nation wide agitation against the European business class and its Bureaucrats. But history repeats ; the failure of 1857 largely attributed to mis-management in organization of the rebellion, here too the Indian movement found itself weakened lacking in organization. Rippon gave way-the bill was amended and law enacted.
The law states that the native magistrates would be vested with powers to try criminal suits against the European offenders in their jurisdictional districts, but with a rider that European offenders were to be tried by the native judges in council with a jury that included at least Half of its members were to be drawn from the European community. But this jury system was exempted in case of European magistrates. This act by Rippon administration institutionalized racial discrimination in judiciary. The native judges though intellectually equal to their European counterparts found themselves under-mined and under appreciated with only their cases tried with a European jury in which case their judgement was questioned in addition to be vetoed. Thus was the controversy surrounding Illbert Bill of 1883. The original copy of the law is given under :
Sources: Law ministry of India archives
History of Modern India
Indias Struggle for independence
ndia under the British – Lord Ripon
Lord Ripon (1880-84)
Lord Ripon was a staunch Liberal democrat with faith in self government. He was appointed as the Viceroy of India by Gladstone, the Liberal Party Prime Minister of England. Ripon was instructed to reverse the Afghan policy of Lytton. Therefore, as soon as he came to India, peace was made with Afghanistan without affecting the British prestige.
The proposal of appointing a Resident in Kabul was dropped. He was also responsible for the rendition of Mysore to its Hindu ruler. Moreover, he repealed the Vernacular Press Act and earned much popularity among Indians. Then, he devoted himself to task of liberalising the Indian administration.
Introduction of Local Self-Government (1882)
Ripon believed that self-government is the highest and noblest principles of politics. Therefore, Ripon helped the growth of local bodies like the Municipal Committees in towns and the local boards in taluks and villages. The powers of municipalities were increased.
Their chairmen were to be non-officials. They were entrusted the care of local amenities, sanitation, drainage and water-supply and also primary education. District and taluk boards were created. It was insisted that the majority of the members of these boards should be elected non-officials.
The local bodies were given executive powers with financial resources of their own. It was perhaps the desire of Ripon that power in India should be gradually transferred to the educated Indians. He also insisted on the election of local bodies as against selection by the government.
In all these measures, Ripon’s concern was not so much for efficiency in administration. Instead, Ripon diffused the administration and brought the government closer to the people. This was his most important achievement. It was Ripon who laid the foundations of the system which functions today.
Educational Reforms
Like Lord William Bentinck, Lord Ripon was a champion of education of the Indians. Ripon wanted to review the working of the educational system on the basis of the recommendations of the Wood’s Despatch. For further improvement of the system Ripon appointed a Commission in 1882 under the chairmanship of Sir William Hunter.
The Commission came to be known as the Hunter Commission. The Commission recommended for the expansion and improvement of the elementary education of the masses. The Commission suggested two channels for the secondary education-one was literary education leading up to the Entrance Examination of the university and the other preparing the students for a vocational career.
The Commission noted the poor status of women education. It encouraged the local bodies in the villages and towns to manage the elementary education. This had resulted in the extraordinary rise in the number of educational institutions in India.
First Factory Act (1881)
Lord Ripon introduced the Factory Act of 1881 to improve the service condition of the factory workers in India. The Act banned the appointment of children below the age of seven in factories. It reduced the working hours for children. It made compulsory for all dangerous machines in the factories to be properly fenced to ensure security to the workers.
Ilbert Bill Agitation (1884)
Lord Ripon wanted to remove two kinds of law that had been prevalent in India. According to the system of law, a European could be tried only by a European Judge or a European Magistrate. The disqualification was unjust and it was sought to cast a needless discredit and dishonour upon the Indian-born members of the judiciary.
C.P. Ilbert, Law Member, introduced a bill in 1883 to abolish thisdiscrimination in judiciary. But Europeans opposed this Bill strongly. They even raised a fund of one lakh fifty thousand rupees and established an organisation called the Defence Association.
They also suggested that it was better to end the English rule in India than to allow the English to be subjected to the Indian Judges and Magistrates. The press in England joined the issue. Hence, Ripon amended the bill to satisfy the English in India and England. The Ilbert Bill controversy helped the cause of Indian nationalism.
The Ilbert Bill Controversy is a high watermark in the history of Indian National Movement. Ripon was totally disillusioned and heartbroken and he tendered his resignation and left for England. The immediate result of this awakening of India was the birth of the Indian National Congress in 1885, the very next year of Ripon’s departure.
Estimate of Lord Ripon
Lord Ripon was the most popular Viceroy that England ever sent to India. The Indians by and large hailed him as “Ripon the Good”, because he was the only Viceroy who handled the Indian problems with compassion and sympathy.
His attempt to remove racial distinction in the judiciary, the repeal of the Vernacular Press Act, the rendition of Mysore and the introduction of the Local-Self Government increased his popularity among Indians. His resignation was deeply regretted by Indians who cherished his memory with gratitude.
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