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The Ilbert Bill was a legislative act and as a part of a revision of The Criminal Procedure Code. The Ilbert bill was introduced in the year 1883 during the tenure of Viceroy Lord Ripon. The Ilbert bill was written by Sir Courtenay Pergine Ilbert. That’s why it is known as Ilber Bill. This bill was stipulated that Indian judges could try Europeans.
This bill was also became a major controversy of this period and the ramification of which would have a profound effect on the history of India too. This article is Important for all competitive exams. In this article mentions in detail the key-facts about Ilbert Bill. Aspirants can read the article keeping in mind for all competitive exams UPSC / SSC/ Banks.
In the history of India the Ilbert Bill was a controversial measure proposed bill. This bill was proposed in 1883 that sought to allow senior Indian magistrates to preside over cases involving British subjects in India. This bill was severely weakened by its proposed change in judicial system but it was enacted by the Indian Legislative Council on 25 January 1884. The bitter part surrounding the measure deepened resistance in the relation between British and Indians.
What is the Ilbert Bill?
The contents of the Ilbert bill 1883 stated that from now onwards, the subjects or cases belongs to British and Europeans would be tried in session courts which was headed by the Indian judges. The Indian judges who were senior enough in the civil service to preside over such proceedings.
What was the arrangement before the Ilbert Bill introduced?
Before the introduction of the Ilbert bill in 1883. The scenario was like this that the criminal subjects or cases belongs to any British or Europeans had been exempted from the trial by an Indian magistrates. That was a provision of act 1873. The act 1873 says that If any British or Europeans Involved in the cases of death or transportation, they could only be tried by a higher court only. But this scenario had been changed with the introduction of the Ilbert Bill in 1883.
What was the name of the Viceroy of India who introduced the Ilbert bill in the Indian Legislative Council?
The name of the Viceroy of India who introduced the Ilbert bill in the Indian Legislative Council was Lord Ripon, He was appointed as the Viceroy of India in 1880. Lord Ripon was appointed by William E. Gladstone, the Former Prime Minister of the United Kingdom in 1880.
Why Lord Ripon is treated as the best Viceroy of India?
Lord Ripon was one of the viceroys in India during the British rule who served between 1880-84 as a viceroy of India. He is known to be the most liberal viceroy of Indian history. He was popularly known as ‘The Good Viceroy of India’ too. He launched several reform programs as soon as he took office in 1880. Lord Ripon was also known as the Father of Local self-government in India. He had introduced local self-governance in the year 1882
Importance of Ilbert bill
The bill introduced by the Viceroy Lord Ripon in ILC was intended to reduce restrictions placed on Indian civil servants by previous British administrations in India.
In short
Sir Courtenay Ilbert a British civil servants, who was serving as the legal advisor to Council of India. When he saw that those cases in which a British or any European was involved as an accused. The judicial processes leading to the decision of those cases are very complex and lengthy.
He intended to draft the “Bill to amend the Code of Criminal Procedure, 1882, so far as it relates to the exercise of jurisdiction over European and British related subjects”. Subsequently the bill is known as the Ilbert Bill.
On 2 February 1883 he moved for leave to introduce the bill and it was formally introduced on 9 February 1883. Following the release of this new motion, a massive controversy erupted over divided reactions to the bill in British India.
Controversy
The most vocal opponents of the Ilbert bill were the people belongs to Anglo-Indian, including many were the tea and indigo plantation owners of the Bengal Presidency. Resulted the European and Anglo-Indian Defence Association (EAIDA) was formed as a lobbying group to campaign against the bill. Most of the Anglo-Indian plantation owners were the members of this European and Anglo-Indian Defence Association .
Along with the Anglo-Indian Association, another vocal opponent Sir Henry Bartle Frere came forward. He stated in his oppose that the Ilbert Bill would raise dangerous race hatred in the society by inculcating the idea “that which justice is good enough for natives would also be good enough for Europeans also”.
Some of the important events occur to oppose the Ilbert Bill.
01) On The heat of the general protests on the proposed bill was at its strongest on 28 February 1883 during a meeting at town hall by the Bengal Chamber of Calcutta
02) Several emotional speeches were given in support to oppose the Ilbert bill in the meeting.
03) Effect of the speech and oppose the demonstrations continued to occur at everywhere against the bill.
04) Racial prejudice became much more prevalent through propaganda to opposing the bill.
05) They declared that Indian judges are unfit and untrustworthy regarding the cases in which the white people involve.
06) Under the protest several racist protestors came out with cartoons of Indian Magistrates in the rallies
07) The cartoons were based on animal-like features and using animal terms such as ‘wily snakes’ and ‘unchangeable, spotted leopard of Indian magistrates by the protestors.
The main fear of the opponents of the bill was that the number of Indian seeking an education was getting rise because it was one of the main subject of the British colonial policies. Resulted more Indian magistrates would soon become eligible to preside over trials with white plaintiffs or defendants.
On the other hand, the majority of Indians strongly supported the bill because they were getting more rights specially the Indian judges were start getting more authority by the bill.
In India the British government had introduced European systems of education. Which was become helpful to create a well-educated Indian upper-class to become judges.
Despite these opportunities Indian supporters of the bill were neither as vocal nor as well organized as the opponents of the Ilbert Bill.
Most of the leading newspapers were also come out in support of the protestor’s and continued to release statements condemning the bill and criticizing Lord Ripon’s desire to please the native community at any cost. The widespread news reports invoked more opposition from commentators in Britain also.
Implementation and Consequences
As a result of general protest it came forward that the popularity of the bill was negative and the bill was disapproval by the majority of Anglo-Indian. So viceroy Lord Ripon passed an amendment whereby a jury that had at least half its members be Europeans was required if an Indian judge was to face a European on the dock.
Finally, a solution was adopted by way of compromise jurisdiction to try 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. The bill was then passed on 25 January 1884 as the Criminal Procedure Code Amendment Act 1884, coming into force on 1 May of that year.
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The controversy and amendment to the Ilbert Bill helped to promote Indian national awareness and a demand for greater Indian autonomy, and the Indian National Congress (INC) was formed a year later
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