·The Hindu·15 marks·250–350 words

How did British administration of 'unadministered' frontier and excluded tracts differ from regular provincial rule in colonial India and Burma? Discuss with examples.

In this answer
  1. Legal insulation from the ordinary statute book
  2. Executive, personalised and thin administration
  3. Territorial and social sealing-off
  4. Accountability directed outward, not inward

British India was not administered as a single legal space. Alongside the regular provinces — with their revenue settlements, codified law, courts and, later, elected legislatures — lay hill and frontier tracts classed as "unadministered", "backward", "excluded" or "partially excluded". Here the colonial state deliberately governed by exception rather than by rule.

Legal insulation from the ordinary statute book

  • Beginning with the Scheduled Districts Act, 1874, general laws did not extend automatically to such tracts. Under Section 92, Government of India Act, 1935, no Act of the Federal or Provincial Legislature applied to an excluded or partially excluded area unless the Governor so notified, and he could apply it with modifications [1].
  • The Governor could make regulations for "peace and good government" overriding existing law — a legislative power exercised personally, outside the responsible ministries that ran the provinces [1].

Executive, personalised and thin administration

  • Provinces had a settled hierarchy of collectors, magistrates and courts; frontier tracts were run by a handful of political/civil officers backed by expeditions.
  • In Upper Burma, the Hukawng Valley emancipation (December 1925–April 1926) was conducted by a single Civil Officer, Mr. J.T.O. Barnard, freeing 3,445 slaves for Rs. 1,96,163 paid as compensation to owners; the adjoining "Triangle" between the Mali Kha and Nmai Kha was next, with about 5,000 slaves [2].

Territorial and social sealing-off

  • The Bengal Eastern Frontier Regulation, 1873 drew an "Inner Line"; outsiders needed a permit to cross and could not acquire land or its produce beyond it — a restriction unthinkable in a regular province [3].

Accountability directed outward, not inward

  • Frontier policy answered to the Governor, Whitehall and even the League of Nations — to which a memorandum on Hukawng slavery went in August 1925 — rather than to Indian legislatures [2].

Thus exclusion combined protection of tribal custom with the convenience of unaccountable executive rule. Independent India retained the protective logic while replacing the paternalism: on the Bordoloi Sub-Committee's advice, Article 244 with the Fifth and Sixth Schedules substituted autonomous, elected self-government for the Governor's personal writ [4].

Sources

  1. 1Government of India Act, 1935 — Section 92 (Excluded and Partially Excluded Areas), legislation.gov.uknon-application of legislature's Acts without the Governor's notification; Governor's regulation-making power
  2. 2Abolition of Slavery, Northern Burma — Hansard, House of Commons, 30 May 1927Barnard's Hukawng expedition, 3,445 slaves freed at Rs. 1,96,163, the "Triangle", League of Nations memorandum of August 1925
  3. 3Bengal Eastern Frontier Regulation, 1873 — e-ILP portal, Government of Arunachal PradeshInner Line, permit requirement and land-acquisition bar
  4. 4The Constitution of India — Articles 244 and 275 (official text hosted by KHADC, Government of Meghalaya)Fifth and Sixth Schedule administration of Scheduled and Tribal Areas

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